Senate Bill 1834 (2022) — Parental rights in education
SB 1834
Florida Bills
Florida Senate - 2022 SB 1834 By Senator Baxley 12-01508B-22 20221834__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. 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 require school district personnel 13 to withhold from a parent specified information or 14 that encourage or have the effect of encouraging a 15 student to withhold from a parent such information; 16 providing an exception; prohibiting school district 17 personnel from discouraging or prohibiting parental 18 notification and involvement in critical decisions 19 affecting a student’s mental, emotional, or physical 20 well-being; prohibiting a school district from 21 encouraging classroom discussion about sexual 22 orientation or gender identity in primary grade levels 23 or in a specified manner; authorizing a parent to 24 bring an action against a school district to obtain a 25 declaratory judgment that a school district procedure 26 or practice violates certain provisions of law; 27 providing for the additional award of injunctive 28 relief, damages, and reasonable attorney fees and 29 Florida Senate - 2022 SB 1834 12-01508B-22 20221834__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. court costs to certain parents; requiring certain 30 training developed or provided by a school district to 31 adhere to standards established by the Department of 32 Education; requiring the department to review and 33 update, as necessary, specified materials by a certain 34 date; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38
Section 1. Paragraph (
c) is added to subsection (8) of 39
section 1001.42, Florida Statutes, to read: 40 1001.42 Powers and duties of district school board.—The 41 district school board, acting as a board, shall exercise all 42 powers and perform all duties listed below: 43
(8) STUDENT WELFARE.— 44 (c)1. In accordance with the rights of parents enumerated 45 in ss. 1002.20 and 1014.04, adopt procedures for noti fying a 46 student’s parent if there is a change in the student’s services 47 or monitoring related to the student’s mental, emotional, or 48 physical health or well-being and the school’s ability to 49 provide a safe and supportive learning environment for the 50 student.
The procedures must reinforce the fundamental right of 51 parents to make decisions regarding the upbringing and control 52 of their children by requiring school district personnel to 53 encourage a student to discuss issues relating to his or her 54 well-being with his or her parent or to seek permission to 55 discuss or facilitate discussion of the issue with the parent. 56 The procedures must comply with s. 1002.22(2) and may not 57 prohibit a parent from accessing any of his or her minor child’s 58 Florida Senate - 2022 SB 1834 12-01508B-22 20221834__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. education records created, maintained, or used by the school 59 district.
This paragraph does not limit or alter any obligation 60 of school district personnel to report suspected abuse, 61 abandonment, or neglect, as those terms are defined in s. 39.01. 62 2.
A school district may not adopt procedures or student 63 support forms that require school district personnel to withhold 64 from a parent information about his or her student’s mental, 65 emotional, or physical health or well-being, or a change in 66 related services or monitoring, or that encourag e or have the 67 effect of encouraging a student to withhold from a parent such 68 information, unless a reasonably prudent person would believe 69 that such disclosure would result in abuse, abandonment, or 70 neglect, as those terms are defined in s. 39.01.
School district 71 personnel may not discourage or prohibit parental notification 72 of and involvement in critical decisions affecting a student’s 73 mental, emotional, or physical health or well-being. 74 3. A school district may not encourage classroom discussion 75 about sexual orientation or gender identity in primary grade 76 levels or in a manner that is not age-appropriate or 77 developmentally appropriate for students. 78 4.
A parent of a student may bring an action against a 79 school district to obtain a declaratory judgment that a school 80 district procedure or practice violates this paragraph and seek 81 injunctive relief. A court may award damages and shall award 82 reasonable attorney fees and court costs to a parent who 83 receives declaratory or injunctive relief. 84 5.
Student support services training developed or provided 85 by a school district to school district personnel must adhere to 86 student services guidelines, standards, and frameworks 87 Florida Senate - 2022 SB 1834 12-01508B-22 20221834__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. established by the Department of Education. 88
Section 2. By June 30, 2023, the Department of Education 89 shall review and update, as necessary, school counseling 90 frameworks and standards; educator practices and professional 91 conduct principles; and any other student services personnel 92 guidelines, standards, or frameworks in accordance with the 93 requirements of this act. 94