CS/CS/HB 1557 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to parental rights in education; 2
amending s. 1001.42, F.S.; requiring district school 3
boards to adopt procedures that comport with certain 4
provisions of law for notifying a student's parent of 5
specified information; requiring such procedures to 6
reinforce the fundamental right of parents to make 7
decisions regarding the upbringing and control of 8
their children in a specified manner; prohibiting the 9
procedures from prohibiting a parent from accessing 10
certain records; providing construction; prohibiting a 11
school district from adopting procedures or student 12
support forms that prohibit school district personnel 13
from notifying a parent about specifie d information or 14
that encourage or have the effect of encouraging a 15
student to withhold from a parent such information; 16
prohibiting school district personnel from 17
discouraging or prohibiting parental notification and 18
involvement in critical decisions affec ting a 19
student's mental, emotional, or physical well -being; 20
providing construction; prohibiting classroom 21
discussion about sexual orientation or gender identity 22
in certain grade levels or in a specified manner; 23
requiring certain training developed or provi ded by a 24
school district to adhere to standards established by 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the Department of Education; requiring school 26
districts to notify parents of healthcare services and 27
provide parents the opportunity to consent or decline 28
such services; providing that a specif ied parental 29
consent does not wave certain parental rights; 30
requiring school districts to provide parents with 31
certain questionnaires or health screening forms and 32
obtain parental permission before administering such 33
questionnaires and forms; authorizing a parent to 34
bring an action against a school district to obtain a 35
declaratory judgment that a school district procedure 36
or practice violates certain provisions of law; 37
providing for the additional award of injunctive 38
relief, damages, and reasonable attorney fees and 39
court costs to certain parents; requiring the 40
department to review and update, as necessary, 41
specified materials by a certain date; providing an 42
effective date. 43
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Be It Enacted by the Legislature of the State of Florida: 45
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Section 1. Paragraph (c) is added to subsection (8) of 47
section 1001.42, Florida Statutes, to read: 48
1001.42 Powers and duties of district school board. —The 49
district school board, acting as a board, shall exercise all 50
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powers and perform all duties listed below: 51
(8) STUDENT WELFARE.— 52
(c)1. In accordance with the rights of parents enumerated 53
in ss. 1002.20 and 1014.04, adopt procedures for notifying a 54
student's parent if there is a change in the student's services 55
or monitoring related to the student's mental, emotional, or 56
physical health or well -being and the school's ability to 57
provide a safe and supportive learning environment for the 58
student. The procedures must reinforce the fundamental right of 59
parents to make decisions regarding the upbringing and control 60
of their children by requiring school district personnel to 61
encourage a student to discuss issues relating to his or her 62
well-being with his or her parent or to facilitate discussion of 63
the issue with the parent. The procedures may not prohibit 64
parents from accessi ng any of their student's education and 65
health records created, maintained, or used by the school 66
district, as required by s. 1002.22(2). 67
2. A school district may not adopt procedures or student 68
support forms that prohibit school district personnel from 69
notifying a parent about his or her student's mental, emotional, 70
or physical health or well -being, or a change in related 71
services or monitoring, or that encourage or have the effect of 72
encouraging a student to withhold from a parent such 73
information. School district personnel may not discourage or 74
prohibit parental notification of and involvement in critical 75
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decisions affecting a student's mental, emotional, or physical 76
health or well-being. This subparagraph does not prohibit a 77
school district from adopt ing procedures that permit school 78
personnel to withhold such information from a parent if a 79
reasonably prudent person would believe that disclosure would 80
result in abuse, abandonment, or neglect, as those terms are 81
defined in s. 39.01. 82
3. Classroom instruction by school personnel or third 83
parties on sexual orientation or gender identity may not occur 84
in kindergarten through grade 3 or in a manner that is not age -85
appropriate or developmentally appropriate for students in 86
accordance with state standards. 87
4. Student support services training developed or provided 88
by a school district to school district personnel must adhere to 89
student services guidelines, standards, and frameworks 90
established by the Department of Education. 91
5. At the beginning of the scho ol year, each school 92
district shall notify parents of each healthcare service offered 93
at their student's school and the option to withhold consent or 94
decline any specific service. Parental consent to a health care 95
service does not waive the parent's right to access his or her 96
student's educational or health records or to be notified about 97
a change in his or her student's services or monitoring as 98
provided by this paragraph. 99
6. Before administering a student well -being questionnaire 100
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or health screening for m to a student in kindergarten through 101
grade 3, the school district must provide the questionnaire or 102
health screening form to the parent and obtain the permission of 103
the parent. 104
7. A parent of a student may bring an action against a 105
school district to o btain a declaratory judgment that a school 106
district procedure or practice violates this paragraph and seek 107
injunctive relief. A court may award damages and shall award 108
reasonable attorney fees and court costs to a parent who 109
receives declaratory or injunct ive relief. 110
Section 2. By June 30, 2023, the Department of Education 111
shall review and update, as necessary, school counseling 112
frameworks and standards; educator practices and professional 113
conduct principles; and any other student services personnel 114
guidelines, standards, or frameworks in accordance with the 115
requirements of this act. 116
Section 3. This act shall take effect July 1, 2022. 117