This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1557a.EEC
DATE: 1/21/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1557 Parental Rights in Education
SPONSOR(S): Education & Employment Committee, Harding
TIED BILLS: None IDEN./SIM. BILLS: SB 1834
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education & Employment Committee 15 Y, 5 N, As CS Wolff Hassell
2) Judiciary Committee
SUMMARY ANALYSIS
The bill specifies how a parent’s fundamental right to make decisions regarding the care and upbringing of his
or her child must be addressed in the public school setting. The bill requires that school districts adopt
procedures for notifying parents if there is a change in their student’s services or monitoring related to a
student’s mental, emotional, or physical health or well-being. All procedures adopted under the bill must
reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their
children by requiring school district personnel to encourage students to discuss issues related to his or her
well-being with his or her parent.
The bill prohibits school districts from maintaining procedures that withhold information, or encourage students
to withhold information, related to a student’s mental, emotional, or physical health or well-being from parents.
A school district may only withhold information if a prudent person would reasonably believe that disclosure
would subject the student to abuse, abandonment, or neglect.
The bill restricts discussions of sexual orientation or gender identity to only those that are age-appropriate and
developmentally appropriate for students while prohibiting a school district from encouraging discussions of
these topics in primary grades.
All school district student support services training must adhere to guidelines, standards, and frameworks
established by the Department of Education (DOE). By June 30, 2023, the DOE must review and update, as
necessary, all relevant guidelines, standards, and frameworks for compliance with this bill.
The bill creates a cause of action for parents that permits them to enforce their rights through declaratory and
injunctive relief. A prevailing parent is entitled to attorney fees and court costs and may be awarded damages.
The bill does not appear have a fiscal impact. See Fiscal Comments.
The bill has an effective date of July 1, 2022. STORAGE NAME: h1557a.EEC PAGE: 2
DATE: 1/21/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Constitutional Rights of Parents
It is well settled that the interest of parents in the care, custody, and control of their children is perhaps
the oldest of the recognized fundamental liberty interests protected by the Due Process Clause of the
Fourteenth Amendment to the United States Constitution.
1
This fundamental liberty interest is rooted in
the fundamental right of privacy in making important decisions relating to marriage, family relationships,
and child rearing and education.
2
The United States Supreme Court has explained the fundamental
nature of this right is rooted in history and tradition:
3
The history and culture of Western civilization reflect a strong tradition of parental
concern for the nurture and upbringing of their children. This primary role of the
parents in the upbringing of their children is now established beyond debate as an
enduring American tradition.
The Florida Supreme Court has likewise recognized that parents have a fundamental liberty interest in
determining the care and upbringing of their children.
4
These rights may not be intruded upon absent a
compelling state interest.
5
According to the Florida Supreme Court, when analyzing a statute that
infringes on the fundamental right of privacy, the applicable standard of review requires that the statute
survive the highest level of scrutiny:
6
The right of privacy is a fundamental right which we believe demands the compelling state
interest standard. This test shifts the burden of proof to the state to justify an intrusion on
privacy. The burden can be met by demonstrating that the challenged regulation serves a
compelling state interest and accomplishes its goal through the use of the least intrusive
means.
The United States Supreme Court has held that students in schools are ‘persons’ under the constitution
and that they are possessed of fundamental rights which the state must respect.
7
Florida’s constitution
provides broad protections to its citizens right to privacy
8
and the Florida Supreme Court has held that
such protections extend to minors.
9
However, the rights to privacy granted to minors do not invalidate a
1
Santosky v. Kramer, 455 U.S. 745, 748 and 753 (1982) (holding the fundamental liberty interest of natural parents in the care
custody, and management of their child is protected by the Fourteenth Amendment, and termination of any parental rights requires due
process proceedings); Troxel v. Granville, 530 U.S. 57, 66 (2000) (holding there is a fundamental right under the Fourteenth
Amendment for parents to oversee the care, custody, and control of their children).
2
Carey v. Population Svcs. Int’l, 431 US 678, 684-685 (1977) (recognizing the right of privacy in personal decisions relating to
marriage, family relationships, child rearing, and education); See Wisconsin v. Yoder, 406, U.S. 205, 232-33 (1972) (holding a state
law requiring that children attend school past eight grade violates the parents’ constitutional right to direct the religious upbringing of
their children); See Parham v. J.R., 442 U.S. 584, 602 (1979) (recognizing the presumption that parents act in their children’s best
interest); Meyer v. Nebraska, 262 U.S. 390, 400-01 (1923) (affirming that the Constitution protects the preferences of the parent in
education over those of the state); Pierce v. Society of Sisters, 268 U.S. 510, 534-35 (1925) (recognizing the right of parents to direct
the upbringing of and education of their children).
3
Wisconsin v. Yoder, 406, U.S. 205, 232 (1972).
4
Beagle v. Beagle, 678 So. 2d 1271, 1272 (Fla. 1996) (holding a state law violated a parent’s constitutional right to privacy by
imposing grandparent visitation rights over objection of the parent without evidence of harm to the child or other compelling state
interest).
5
Id. See, e.g., Shevin v. Byron, Harless, Schaffer, Reid & Assocs., Inc., 379 So. 2d 633, 637 (Fla. 1980) and Belair v. Drew, 776 So.
2d 1105, 1107 (Fla. 5th DCA 2001).
6
Winfield v. Division of Pari-Mutuel Wagering, Dept. of Bus. Regulation, 477 So. 2d 544, 547 (Fla. 1985).
7
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 511 (1969).
8
Art. I, s. 23, Fla. Const.
9
B.B. v. State, 659 So. 2d 256, 258 (Fla. 1995). STORAGE NAME: h1557a.EEC PAGE: 3
DATE: 1/21/2022
state’s effort to protect minors from the conduct of others
10
nor do they necessarily override the
fundamental rights of parents related to child rearing.
11
Parents’ Bill of Rights
Overview
In 2021,
12
the legislature created the Parents’ Bill of Rights which enumerates parental rights with
respect to a minor child for education, health care, and criminal justice procedures.
13
The bill prohibits
the state, its political subdivisions, any other governmental entities and any other institutions from
infringing upon the fundamental right of a parent to direct the upbringing, education, health care, and
mental health of his or her minor child without demonstrating a compelling state interest for such
actions.
14
Additionally, the Legislature found that important information relating to a minor child should not be
withheld, either inadvertently or purposefully, from his or her parent, including information relating to the
minor child’s health, well-being, and education, while the minor child is in the custody of the school
district. Therefore, the Legislature established a consistent mechanism for parents to be notified of
information relating to the health and well-being of their minor children.
15
Parents’ Rights Related to Education of their Child
The Parents’ Bill of Rights enumerates several rights of a parent, such as:
16
The right to direct the education and care of his or her minor child.
The right to direct the upbringing and the moral or religious training of the minor child.
The right, pursuant to s. 1002.20(13), F.S., to access and review all school records relating to
the minor child.
The right to make health care decisions for his or her minor child, unless otherwise prohibited by
law.
The right to access and review all medical records of the minor child, unless prohibited by law or
if the parent is the subject of an investigation of a crime committed against the minor child and a
law enforcement agency or official requests that the information not be released.
The Parents’ Bill of Rights is not exhaustive but, unless required by law, the rights of a parent of a
minor child in Florida may not be limited or denied.
17
To this end, any employee of the state, or any of
its political subdivisions, or any governmental entity may be subject to disciplinary action if they
encourage or coerce a minor child to withhold information from his or her parent.
18
However, the law specifies that it does not:
19
Authorize a parent of a minor child in this state to engage in conduct that is unlawful or to abuse
or neglect his or her minor child in violation of general law.
Condone, authorize, approve, or apply to a parental action or decision that would end life.
10
Id. at 259.
11
Frazier ex rel. Frazier v. Winn, 535 F.3d 1279, 1285 (11th Cir. 2008) (holding that a law requiring a parent’s approval for a student
to refuse to stand during the pledge of allegiance survived a facial challenge as the rights of a parent to raise their children would
control in a substantial number of cases). The court did acknowledge that in individual cases, such as those involving mature high
school students, the balance of rights between parents, the school, and the student could favor the student. Id.
12
Chapter 2021-199, L.O.F.
13
Chapter 1014, F.S.
14
Section 1014.03, F.S.
15
See Section 1014.02(1), F.S.
16
Section 1014.04(1), F.S.
17
Section 1014.04(4), F.S.
18
Section 1014.04(3), F.S.
19
Section 1014.04(2), F.S. STORAGE NAME: h1557a.EEC PAGE: 4
DATE: 1/21/2022
Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a
government agency that is responsible for child welfare from acting in his or her official capacity
within the reasonable and prudent scope of his or her authority.
Prohibit a court of competent jurisdiction from issuing an order that is otherwise permitted by
law.
In addition to the above enumerated rights, the Parents’ Bill of Rights requires Florida’s school districts
to adopt policies designed to promote parental involvement in the public school system.
20
Such policies
must provide for:
21
A plan, pursuant to s. 1002.23, F.S., for parental participation in schools to improve parent and
teacher cooperation in such areas as homework, school attendance, and discipline.
A procedure, pursuant to s. 1002.20(19)(b), F.S., for a parent to learn about his or her child's
course of study, including the source of any supplemental education materials.
Procedures for a parent to object to instructional materials, pursuant to s. 1006.28(2)(a)2., F.S.
Such objections may be based on beliefs regarding morality, sex, and religion or the belief that
such materials are harmful.
Procedures, pursuant to s. 1002.20(3)(d), F.S., for a parent to withdraw his or her student from
any portion of the school district's comprehensive health education required under s.
1003.42(2)(n), F.S., that relates to sex education or instruction in acquired immune deficiency
syndrome education or any instruction regarding sexuality if the parent provides a written
objection to his or her child's participation. Such procedures must provide for a parent to be
notified in advance of such course content so that he or she may withdraw his or her student
from those portions of the course.
Procedures, pursuant to s. 1006.195(1)(a), F.S., for a parent to learn about the nature and
purpose of clubs and activities offered at his or her child's school, including those that are
extracurricular or part of the school curriculum.
Parents must be explicitly notified about a number of parental rights and responsibilities set forth in the
education code.
22
A school district may comply with these notice requirements by providing information
to parents electronically or by publishing it to their website.
23
Florida School Districts Maintain Policies that Exclude Parents
While the Parents’ Bill of Rights provides that important information relating to a minor child should not
be withheld from his or her parent while the minor child is in the custody of the school district,
24
multiple
school districts in Florida maintain policies that exclude parents from discussions and decisions on
sensitive topics relating to students.
25
In addition, at least one Florida school district is currently
20
Section 1014.05(1), F.S.
21
Id.
22
Section 1014.05(1)(f), F.S. For example, school district must provide notice about the right to exempt their student from
immunizations, the right to inspect school district instructional materials, and the right to opt out of any school district data collection
not required by law. Id.
23
Section 1014.05(2), F.S.
24
Section 1014.02(1), F.S.
25
See Broward County Public Schools, Lesbian, Gay, Bisexual, Transgender, Questioning + Critical Support Guide (2012), pp. 29-
30, available at
https://www.browardschools.com/cms/lib/FL01803656/Centricity/Domain/13475/BCPS%20LGBTQ%20Critical%20Support%20Gui
de%20Edition%20III%202020FinalRev2421.pdf; School District of Palm Beach County, The School District of Palm Beach County
LGBTQ+ Critical Support Guide, (2017), pp. 52-53, available at
https://p14cdn4static.sharpschool.com/UserFiles/Servers/Server_270532/File/Curriculum/Middle%20&%20HS/LGBTQ_Critical_Sup
port_Guide_SDPBC_v02_2021.pdf; Miami-Dade County Public Schools, 2020-2021 Guidelines for Promoting Safe and Inclusive
Schools, p. 7, available at https://api.dadeschools.net/WMSFiles/94/pdfs/GUIDELINES-FOR-PROMOTING-SAFE-07-2020.pdf;
Sarasota County Schools, Creating Safe Schools for All Students: Gender Diverse Student Guidelines, (Oct. 2018), p. 2, available at
https://www.sarasotacountyschools.net/cms/lib/FL50000189/Centricity/Domain/1167/SCSBGenderDiverseGuidelinesFINA L_102320
18.pdf; Volusia County Schools, Lesbian, Gay, Bi-sexual, Transgender and Questioning (LGBTQ) Support Guide, pp. 11-12,
available at https://www.vcsedu.org/sites/default/files/department-files/Equity/VCS%20LGBTQ%20Support%20Guide%202020.pdf;
and Hillsborough County Public Schools, Creating Safe Schools for All Students, p. 5, available at https://www.lgba.org/wp-
content/uploads/2019/12/lgbtq-resource-guide-1.pdf. STORAGE NAME: h1557a.EEC PAGE: 5
DATE: 1/21/2022
involved in litigation with a parent after allegedly withholding information from the parent regarding their
student’s gender transition at school.
26
Effect of Proposed Changes
The bill specifies how a parent’s fundamental right to make decisions regarding the care and upbringing
of his or her child must be addressed in the public school setting. The bill requires that school districts
adopt procedures for notifying parents if there is a change in the student’s services or monitoring
related to a student’s mental, emotional, or physical health or well-being. The procedures must
reinforce the fundamental right of parents to make decisions regarding the upbringing and control of
their children by requiring school district personnel to encourage students to discuss issues related to
his or her well-being with his or her parent or to seek permission to discuss or facilitate a discussion
with the parent.
The bill expressly prohibits a school district from adopting any procedures or student support forms
that:
require district personnel to withhold from a parent information about his or her student’s
mental, emotional, or physical health or well-being; or
encourage or have the effect of encouraging a student to withhold from a parent such
information.
The bill bars school personnel from discouraging or prohibiting the notification of parents or parental
involvement in critical decisions affecting a student’s mental, emotional, or physical health or well-
being.
The bill allows such information to be withheld if a reasonably prudent person would believe that such
disclosure would result in abuse, abandonment, or neglect of the student and specifies that it does not
limit the duty of school district personnel to report suspicion of such acts to the Department of Children
and Families.
Additionally, the bill prohibits a school district from encouraging classroom discussion about sexual
orientation or gender identity in primary grade levels
27
or in a manner that is not age-appropriate or
developmentally appropriate for students.
The bill creates a cause of action for declarative and injunctive for parents against a school district that
violates the provisions of the bill. A prevailing parent may receive damages and is entitled to
reasonable attorney fees and court costs.
The bill requires that all student support training provided by school districts to school personnel adhere
to guidelines, standards, and frameworks established by the Department of Education (DOE). By June
30, 2023, the DOE is required to review and update, as necessary for compliance with this bill, the
following:
school counseling frameworks and standards;
educator practices and professional conduct principles;
other student services personnel guidelines, standards, or frameworks.
B. SECTION DIRECTORY:
Section 1. Amends s. 1001.42, F.S.; requiring district school boards to adopt procedures that
comport with certain provisions of law for notifying a student's parent of specified
information; requiring such procedures to reinforce the fundamental right of parents to
26
Ana Goni-Lessan, Lawsuit against Leon Schools says district excluded parents from gender discussions, Nov. 16, 2021,
https://www.tallahassee.com/story/news/2021/11/16/leon-county-schools-sued-over-lgbtq-guide-transgender-lgbtq-
guide/6342695001/ (last visited Jan 17, 2022). The Leon County School District LGBTQ guide previously did not require disclosure
of information to parents but has been taken down from the website and is undergoing review by the district. Id.
27
In the U.S., primary grades customarily include the first three grade levels. In Florida, teacher certification in
prekindergarten/primary education covers instruction provided to students age 3 through grade 3. Rule 6A-4.0142, F.A.C. STORAGE NAME: h1557a.EEC PAGE: 6
DATE: 1/21/2022
make decisions regarding the upbringing and control of their children in a specified
manner; prohibiting the procedures from prohibiting a parent from accessing certain
records; providing construction; prohibiting a school district from adopting procedures or
student support forms that require school district personnel to withhold from a parent
specified information or that encourage or have the effect of encouraging a student to
withhold from a parent such information; providing an exception; prohibiting school
district personnel from discouraging or prohibiting parental notification and involvement
in critical decisions affecting a student's mental, emotional, or physical well-being;
prohibiting a school district from encouraging classroom discussion about sexual
orientation or gender identity in primary grade levels or in a specified manner;
authorizing a parent to bring an action against a school district to obtain a declaratory
judgment that a school district procedure or practice violates certain provisions of law;
providing for the additional award of injunctive relief, damages, and reasonable attorney
fees and court costs to certain parents; requiring certain training developed or provided
by a school district to adhere to standards established by the Department of Education.
Section 2. Requires the department to review and update, as necessary, specified materials by a
certain date
Section 3. Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill requires the DOE to review and update, as necessary, existing guidelines, standards and
frameworks. Additionally, school districts may need to adopt updated training materials based on the
DOE review. Any updates to existing guidelines, standards, and frameworks, as well as the adoption of
compliant training, would be accomplished within existing resources.
III. COMMENTS
A. CONSTITUTIONAL ISSUES: STORAGE NAME: h1557a.EEC PAGE: 7
DATE: 1/21/2022
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 20, 2022, the Education & Employment Committee adopted one amendment and reported the
bill favorably as a committee substitute. The amendment clarified that school district procedures may
permit the withholding of information otherwise required to be disclosed to a parent if a reasonably prudent
person would believe that such disclosure would subject the parent’s student to abuse, abandonment, or
neglect, as those terms are defined in law.
The bill analysis is drafted to the committee substitute adopted by the Education & Employment
Committee.