Florida 2025 Regular Session

Florida House Bill H0219 Latest Draft

Bill / Introduced Version Filed 01/24/2025

                               
 
HB 219   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to health screenings for K -12 2 
students; amending ss. 1001.42 and 1014.06, F.S.; 3 
authorizing specified screening to be performed on K -4 
12 students after written parental notification of 5 
such services is provided and the student's parents 6 
are given specified opportunities; providing an 7 
effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Paragraph (c) of subse ction (8) of section 12 
1001.42, Florida Statutes, is amended to read: 13 
 1001.42  Powers and duties of district school board. —The 14 
district school board, acting as a board, shall exercise all 15 
powers and perform all duties listed below: 16 
 (8)  STUDENT WELFARE. — 17 
 (c)1.  In accordance with the rights of parents enumerated 18 
in ss. 1002.20 and 1014.04, adopt procedures for notifying a 19 
student's parent if there is a change in the student's services 20 
or monitoring related to the student's mental, emotional, or 21 
physical health or well-being and the school's ability to 22 
provide a safe and supportive learning environment for the 23 
student. The procedures must reinforce the fundamental right of 24 
parents to make decisions regarding the upbringing and control 25     
 
HB 219   	2025 
 
 
 
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of their children by re quiring school district personnel to 26 
encourage a student to discuss issues relating to his or her 27 
well-being with his or her parent or to facilitate discussion of 28 
the issue with the parent. The procedures may not prohibit 29 
parents from accessing any of thei r student's education and 30 
health records created, maintained, or used by the school 31 
district, as required by s. 1002.22(2). 32 
 2.  A school district may not adopt procedures or student 33 
support forms that prohibit school district personnel from 34 
notifying a parent about his or her student's mental, emotional, 35 
or physical health or well -being, or a change in related 36 
services or monitoring, or that encourage or have the effect of 37 
encouraging a student to withhold from a parent such 38 
information. School district pe rsonnel may not discourage or 39 
prohibit parental notification of and involvement in critical 40 
decisions affecting a student's mental, emotional, or physical 41 
health or well-being. This subparagraph does not prohibit a 42 
school district from adopting procedures that permit school 43 
personnel to withhold such information from a parent if a 44 
reasonably prudent person would believe that disclosure would 45 
result in abuse, abandonment, or neglect, as those terms are 46 
defined in s. 39.01. 47 
 3.  Classroom instruction by schoo l personnel or third 48 
parties on sexual orientation or gender identity may not occur 49 
in prekindergarten through grade 8, except when required by ss. 50     
 
HB 219   	2025 
 
 
 
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1003.42(2)(o)3. and 1003.46. If such instruction is provided in 51 
grades 9 through 12, the instruction must be age-appropriate or 52 
developmentally appropriate for students in accordance with 53 
state standards. This subparagraph applies to charter schools. 54 
 4.  Student support services training developed or provided 55 
by a school district to school district personnel mu st adhere to 56 
student services guidelines, standards, and frameworks 57 
established by the Department of Education. 58 
 5.  At the beginning of the school year, each school 59 
district shall notify parents of each health care service 60 
offered at their student's schoo l and the option to withhold 61 
consent or decline any specific service in accordance with s. 62 
1014.06. Screening, as defined in s. 381.0056(2), may be 63 
performed after the student's parent has been given written 64 
notice of such services and the reasonable oppor tunity to deny 65 
consent or opt his or her student out of such services. Parental 66 
consent to a health care service does not waive the parent's 67 
right to access his or her student's educational or health 68 
records or to be notified about a change in his or her s tudent's 69 
services or monitoring as provided by this paragraph. 70 
 6.  Before administering a student well -being questionnaire 71 
or health screening form to a student in kindergarten through 72 
grade 3, the school district must provide the questionnaire or 73 
health screening form to the parent and obtain the permission of 74 
the parent. 75     
 
HB 219   	2025 
 
 
 
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 7.  Each school district shall adopt procedures for a 76 
parent to notify the principal, or his or her designee, 77 
regarding concerns under this paragraph at his or her student's 78 
school and the process for resolving those concerns within 7 79 
calendar days after notification by the parent. 80 
 a.  At a minimum, the procedures must require that within 81 
30 days after notification by the parent that the concern 82 
remains unresolved, the school district m ust either resolve the 83 
concern or provide a statement of the reasons for not resolving 84 
the concern. 85 
 b.  If a concern is not resolved by the school district, a 86 
parent may: 87 
 (I)  Request the Commissioner of Education to appoint a 88 
special magistrate who is a member of The Florida Bar in good 89 
standing and who has at least 5 years' experience in 90 
administrative law. The special magistrate shall determine facts 91 
relating to the disp ute over the school district procedure or 92 
practice, consider information provided by the school district, 93 
and render a recommended decision for resolution to the State 94 
Board of Education within 30 days after receipt of the request 95 
by the parent. The State Board of Education must approve or 96 
reject the recommended decision at its next regularly scheduled 97 
meeting that is more than 7 calendar days and no more than 30 98 
days after the date the recommended decision is transmitted. The 99 
costs of the special magistrat e shall be borne by the school 100     
 
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district. The State Board of Education shall adopt rules, 101 
including forms, necessary to implement this subparagraph. 102 
 (II)  Bring an action against the school district to obtain 103 
a declaratory judgment that the school district procedure or 104 
practice violates this paragraph and seek injunctive relief. A 105 
court may award damages and shall award reasonable attorney fees 106 
and court costs to a parent who receives declaratory or 107 
injunctive relief. 108 
 c.  Each school district shall adopt a nd post on its 109 
website policies to notify parents of the procedures required 110 
under this subparagraph. 111 
 d.  Nothing contained in this subparagraph shall be 112 
construed to abridge or alter rights of action or remedies in 113 
equity already existing under the commo n law or general law. 114 
 Section 2.  Section 1014.06, Florida Statutes, is amended 115 
to read: 116 
 1014.06  Parental consent for health care services. — 117 
 (1)  Except as otherwise provided by law, a health care 118 
practitioner, as defined in s. 456.001, or an individ ual 119 
employed by such health care practitioner may not provide or 120 
solicit or arrange to provide health care services or prescribe 121 
medicinal drugs to a minor child without first obtaining written 122 
parental consent. 123 
 (2)  Except as otherwise provided by law or a court order, 124 
a provider, as defined in s. 408.803, may not allow a medical 125     
 
HB 219   	2025 
 
 
 
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procedure to be performed on a minor child in its facility 126 
without first obtaining written parental consent. However, for a 127 
student enrolled in a public school in the state, scre ening, as 128 
defined in s. 381.0056(2), may be performed after the minor 129 
child's parents have been given written notice of such services 130 
and the reasonable opportunity to deny consent or opt out his or 131 
her minor child from such services. 132 
 (3)  This section do es not apply to an abortion, which is 133 
governed by chapter 390. 134 
 (4)  This section does not apply to services provided by a 135 
clinical laboratory, unless the services are delivered through a 136 
direct encounter with the minor at the clinical laboratory 137 
facility. For purposes of this subsection, the term "clinical 138 
laboratory" has the same meaning as provided in s. 483.803. 139 
 (5)  A health care practitioner or other person who 140 
violates this section is subject to disciplinary action pursuant 141 
to s. 408.813 or s. 456.0 72, as applicable, and commits a 142 
misdemeanor of the first degree, punishable as provided in s. 143 
775.082 or s. 775.083. 144 
 Section 3. This act shall take effect July 1, 2025. 145