Bill Text: FL S1426 | 2020 | Regular Session | Introduced
Bill Title: Removal of a Student for an Involuntary Examination
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Children, Families, and Elder Affairs [S1426 Detail]
Download: Florida-2020-S1426-Introduced.html
Florida Senate - 2020 SB 1426 By Senator Powell 30-01669-20 20201426__ 1 A bill to be entitled 2 An act relating to the removal of a student for an 3 involuntary examination; amending ss. 381.0056, 4 1002.20, and 1002.33, F.S.; revising the requirements 5 for parental notification prior to removing a student 6 for an involuntary examination, under certain 7 circumstances; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (a) of subsection (4) of section 12 381.0056, Florida Statutes, is amended to read: 13 381.0056 School health services program.— 14 (4)(a) Each county health department shall develop, jointly 15 with the district school board and the local school health 16 advisory committee, a school health services plan. The plan must 17 include, at a minimum, provisions for all of the following: 18 1. Health appraisal; 19 2. Records review; 20 3. Nurse assessment; 21 4. Nutrition assessment; 22 5. A preventive dental program; 23 6. Vision screening; 24 7. Hearing screening; 25 8. Scoliosis screening; 26 9. Growth and development screening; 27 10. Behavioral health screening; 28 11.10.Health counseling; 29 12.11.Referral and followup of suspected or confirmed 30 health problems by the local county health department; 31 13.12.Meeting emergency health needs in each school; 32 14.13.County health department personnel to assist school 33 personnel in health education curriculum development; 34 15.14.Referral of students to appropriate health 35 treatment, in cooperation with the private health community 36 whenever possible; 37 16.15.Consultation with a student’s parent or guardian 38 regarding the need for health attention by the family physician, 39 dentist, or other specialist when definitive diagnosis or 40 treatment is indicated; 41 17.16.Maintenance of records on incidents of health 42 problems, corrective measures taken, and such other information 43 as may be needed to plan and evaluate health programs; except, 44 however, that provisions in the plan for maintenance of health 45 records of individual students must be in accordance with s. 46 1002.22; 47 18.17.Health information which will be provided by the 48 school health nurses, when necessary, regarding the placement of 49 students in exceptional student programs and the reevaluation at 50 periodic intervals of students placed in such programs; 51 19.18.Notification to the local nonpublic schools of the 52 school health services program and the opportunity for 53 representatives of the local nonpublic schools to participate in 54 the development of the cooperative health services plan; and 55 20.19.ImmediateNotification to a student’s parent, 56 guardian, or caregiver if the student is removed from school, 57 school transportation, or a school-sponsored activity and taken 58 to a receiving facility for an involuntary examination pursuant 59 to s. 394.463, including the requirements established under ss. 60 1002.20(3) and 1002.33(9), as applicable. Such notification 61 shall include: 62 a. Notification prior to the student’s removal for an 63 involuntary examination, if such notification will not cause a 64 delay that jeopardizes the student’s or another individual’s 65 physical or mental health or safety. 66 b. Immediate notification upon the student’s removal for an 67 involuntary examination. 68 Section 2. Paragraph (l) of subsection (3) of section 69 1002.20, Florida Statutes, is amended to read: 70 1002.20 K-12 student and parent rights.—Parents of public 71 school students must receive accurate and timely information 72 regarding their child’s academic progress and must be informed 73 of ways they can help their child to succeed in school. K-12 74 students and their parents are afforded numerous statutory 75 rights including, but not limited to, the following: 76 (3) HEALTH ISSUES.— 77 (l) Notification of involuntary examinations.— 78 1. The public school principal or the principal’s designee 79 shall immediately notify the parent of a student who is removed 80 from school, school transportation, or a school-sponsored 81 activity and taken to a receiving facility for an involuntary 82 examination pursuant to s. 394.463. In addition, the principal 83 or the principal’s designee shall explain to the parent the 84 reason or situation that gave rise to such removal. The 85 principal or the principal’s designee may delay notification for 86 no more than 24 hours after the student is removed if the 87 principal or designee deems the delay to be in the student’s 88 best interest and if a report has been submitted to the central 89 abuse hotline, pursuant to s. 39.201, based upon knowledge or 90 suspicion of abuse, abandonment, or neglect. 91 2. Prior to removal of a student for an involuntary 92 examination, the principal or the principal’s designee shall 93 notify the parent, if such notification will not cause a delay 94 that jeopardizes the student’s or another individual’s physical 95 or mental health or safety. However, the principal or the 96 principal’s designee may omit notification prior to removal if 97 the principal or designee deems it to be in the student’s best 98 interest and if a report has been submitted to the central abuse 99 hotline, pursuant to s. 39.201, based upon knowledge or 100 suspicion of abuse, abandonment, or neglect. 101 3. Each district school board shall develop a policy and 102 procedures for notification under this paragraph. 103 Section 3. Paragraph (q) of subsection (9) of section 104 1002.33, Florida Statutes, is amended to read: 105 1002.33 Charter schools.— 106 (9) CHARTER SCHOOL REQUIREMENTS.— 107 (q)1. The charter school principal or the principal’s 108 designee shall immediately notify the parent of a student who is 109 removed from school, school transportation, or a school 110 sponsored activity and taken to a receiving facility for an 111 involuntary examination pursuant to s. 394.463. In addition, the 112 principal or the principal’s designee shall explain to the 113 parent the reason or situation that gave rise to such removal. 114 The principal or the principal’s designee may delay notification 115 for no more than 24 hours after the student is removed if the 116 principal or designee deems the delay to be in the student’s 117 best interest and if a report has been submitted to the central 118 abuse hotline, pursuant to s. 39.201, based upon knowledge or 119 suspicion of abuse, abandonment, or neglect. 120 2. Prior to removal of a student for an involuntary 121 examination, the principal or the principal’s designee shall 122 notify the parent, if such notification will not cause a delay 123 that jeopardizes the student’s or another individual’s physical 124 or mental health or safety. However, the principal or the 125 principal’s designee may omit notification prior to removal if 126 the principal or designee deems it to be in the student’s best 127 interest and if a report has been submitted to the central abuse 128 hotline, pursuant to s. 39.201, based upon knowledge or 129 suspicion of abuse, abandonment, or neglect. 130 3. Each charter school governing board shall develop a 131 policy and procedures for notification under this paragraph. 132 Section 4. This act shall take effect July 1, 2020.