(3) HEALTH ISSUES.—(a) School-entry health examinations.—The parent of any child attending a public or private school shall be exempt from the requirement of a health examination upon written request stating objections on religious grounds in accordance with the provisions of s. 1003.22(1) and (2). (b) Immunizations.—The parent of any child attending a public or private school shall be exempt from the school immunization requirements upon meeting any of the exemptions in accordance with the provisions of s. 1003.22(5). (c) Biological experiments.—Parents may request that their child be excused from performing surgery or dissection in biological science classes in accordance with the provisions of s. 1003.47. (d) Reproductive health and disease education.—A public school student whose parent makes written request to the school principal shall be exempted from the teaching of reproductive health or any disease, including HIV/AIDS, in accordance with s. 1003.42(5).1. Each school district shall, on the district’s website homepage, notify parents of this right and the process to request an exemption. The homepage must include a link for a student’s parent to access and review the instructional materials, as defined in s. 1006.29(2), used to teach the curriculum. 2. Each school district shall annually review and confirm that the information provided on the district’s website homepage under subparagraph 1. is accurate and up to date and shall notify parents by physical or electronic means any time revisions are made to such information.
(e) Contraceptive services to public school students.—In accordance with the provisions of s. 1006.062(7), students may not be referred to or offered contraceptive services at school facilities without the parent’s consent. (f) Career education courses involving hazardous substances.—High school students must be given plano safety glasses or devices in career education courses involving the use of hazardous substances likely to cause eye injury.
(g) Substance abuse reports.—The parent of a public school student must be timely notified of any verified report of a substance abuse violation by the student, in accordance with the provisions of s. 1006.09(8). (h) Short-acting bronchodilator use.—1. As used in this paragraph, the term:a. “Administer” means to give or directly apply a short-acting bronchodilator or components to a student.
b. “Asthma” means a chronic lung disease that inflames and narrows the airways, which can manifest as wheezing, chest tightness, shortness of breath, and coughing.
c. “Authorized health care practitioner” means a physician licensed under chapter 458 or chapter 459, a physician assistant licensed under chapter 458 or chapter 459, or an advanced practice registered nurse licensed under chapter 464.
d. “Components” means devices used as part of clinically recommended use of short-acting bronchodilators, which may include spacers, valved holding chambers, or nebulizers.
e. “Respiratory distress” refers to an individual experiencing difficulty breathing, which can be caused by a multitude of medical factors, including chronic diseases such as asthma.
f. “Short-acting bronchodilator” means a beta-2 agonist, such as albuterol, used for the quick relief of asthma symptoms and recommended by the National Heart, Lung, and Blood Institute’s National Asthma Education and Prevention Program Guidelines for the Treatment of Asthma. These bronchodilators may include an orally inhaled medication that contains a premeasured single dose of albuterol or albuterol sulfate delivered by a nebulizer or compressor device or by a pressured metered-dose inhaler used to treat respiratory distress, including, but not limited to, wheezing, shortness of breath, and difficulty breathing, or another dosage of a short-acting bronchodilator recommended in the Guidelines for the Treatment of Asthma.
2. Asthmatic students whose parent and physician provide their approval to the school principal may carry a short-acting bronchodilator and components on their person while in school. The school principal shall be provided a copy of the parent’s and physician’s approval.
3. An authorized health care practitioner may prescribe short-acting bronchodilators and components in the name of a public school for use in accordance with this section, and a licensed pharmacist may dispense short-acting bronchodilators and components pursuant to a prescription issued in the name of a public school for use in accordance with this section.
4. A public school may acquire and stock a supply of short-acting bronchodilators and components from a wholesale distributor as defined in s. 499.003 or may enter into an arrangement with a wholesale distributor or manufacturer as defined in s. 499.003 for short-acting bronchodilators and components at fair-market, free, or reduced prices pursuant to a prescription issued in accordance with this section. The short-acting bronchodilators and components must be maintained in a secure location on a school’s premises. 5. A participating public school must adopt a protocol developed by a physician licensed under chapter 458 or chapter 459 for the administration of short-acting bronchodilators or components by school personnel who are trained to recognize symptoms of respiratory distress and to administer a short-acting bronchodilator or components. The school district and the protocol must provide guidance for administering short-acting bronchodilators or components in instances of respiratory distress for a student with a known diagnosis of asthma and, if approved by the school district, for students with no known diagnosis of asthma.
6. The supply of short-acting bronchodilators and components may be provided to and used by a trained school personnel member or a student authorized to self-administer a short-acting bronchodilator and components.
7. A public school may accept short-acting bronchodilators and components as a donation or transfer if they are new, unexpired, manufacturer-sealed, not subject to recall, unadulterated, and in compliance with relevant regulations adopted by the United States Food and Drug Administration.
8. A school nurse or trained school personnel shall only administer short-acting bronchodilators and components to students if they have successfully completed training and believe in good faith that the student is experiencing respiratory distress, regardless of whether the student has a prescription for a short-acting bronchodilator and components or has previously been diagnosed with asthma.
9. The school district or school shall provide written notice to the parent of each student enrolled in the school district or school of the school’s adopted protocol. The public school must receive prior permission from the parent or guardian to administer a short-acting bronchodilator or components to a student.
10. Notwithstanding any other provision of law to the contrary, a school nurse or school personnel of a school district trained in the administration of short-acting bronchodilator and components who administers or attempts to administer a short-acting bronchodilator or components in compliance with this section and s. 768.13 and the school district that employs the school nurse or the trained school personnel are immune from civil or criminal liability as a result of such administration or attempted administration of a short-acting bronchodilator or components. 11.a. An authorized health care practitioner, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional licensure statute or rule and is immune from any civil or criminal liability as a result of prescribing a short-acting bronchodilator or components in accordance with this section.
b. A dispensing health care practitioner or pharmacist, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional licensure statute or rule and is immune from any civil or criminal liability as a result of dispensing a short-acting bronchodilator or components in accordance with this section.
(i) Epinephrine use and supply.—1. A student who has experienced or is at risk for life-threatening allergic reactions may carry an epinephrine auto-injector and self-administer epinephrine by auto-injector while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities if the school has been provided with parental and physician authorization. The State Board of Education, in cooperation with the Department of Health, shall adopt rules for such use of epinephrine auto-injectors that shall include provisions to protect the safety of all students from the misuse or abuse of auto-injectors. A school district, county health department, public-private partner, and their employees and volunteers shall be indemnified by the parent of a student authorized to carry an epinephrine auto-injector for any and all liability with respect to the student’s use of an epinephrine auto-injector pursuant to this paragraph.
2. A public school may purchase a supply of epinephrine auto-injectors from a wholesale distributor as defined in s. 499.003 or may enter into an arrangement with a wholesale distributor or manufacturer as defined in s. 499.003 for the epinephrine auto-injectors at fair-market, free, or reduced prices for use in the event a student has an anaphylactic reaction. The epinephrine auto-injectors must be maintained in a secure location on the public school’s premises. The participating school district shall adopt a protocol developed by a licensed physician for the administration by school personnel who are trained to recognize an anaphylactic reaction and to administer an epinephrine auto-injection. The supply of epinephrine auto-injectors may be provided to and used by a student authorized to self-administer epinephrine by auto-injector under subparagraph 1. or trained school personnel. 3. The school district and its employees, agents, and the physician who provides the standing protocol for school epinephrine auto-injectors are not liable for any injury arising from the use of an epinephrine auto-injector administered by trained school personnel who follow the adopted protocol and whose professional opinion is that the student is having an anaphylactic reaction:a. Unless the trained school personnel’s action is willful and wanton;
b. Notwithstanding that the parents or guardians of the student to whom the epinephrine is administered have not been provided notice or have not signed a statement acknowledging that the school district is not liable; and
c. Regardless of whether authorization has been given by the student’s parents or guardians or by the student’s physician, physician assistant, or advanced practice registered nurse.
(j) Diabetes management.—1. As used in this paragraph, the term:a. “Authorized health care practitioner” means a physician licensed under chapter 458 or chapter 459, a physician assistant licensed under chapter 458 or chapter 459, or an advanced practice registered nurse licensed under chapter 464.
b. “Participating school” means a public school which maintains a supply of undesignated glucagon pursuant to this paragraph.
c. “Undesignated glucagon” means a glucagon rescue therapy approved by the United States Food and Drug Administration that does not require reconstitution for the treatment of severe hypoglycemia in a dosage form that can be rapidly administered to the patient in an emergency, including prefilled injectable or nasally administered glucagon, and is prescribed in the name of a public school or school district pursuant to this paragraph.
2. A school district may not restrict the assignment of a student who has diabetes to a particular school on the basis that the student has diabetes, that the school does not have a full-time school nurse, or that the school does not have trained diabetes personnel. Diabetic students whose parent and physician provide their written authorization to the school principal may carry diabetic supplies and equipment on their person and attend to the management and care of their diabetes while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities to the extent authorized by the parent and physician and within the parameters set forth by State Board of Education rule. The written authorization shall identify the diabetic supplies and equipment that the student is authorized to carry and shall describe the activities the child is capable of performing without assistance, such as performing blood-glucose level checks and urine ketone testing, administering insulin through the insulin-delivery system used by the student, and treating hypoglycemia and hyperglycemia.a. The State Board of Education, in cooperation with the Department of Health, shall adopt rules to encourage every school in which a student with diabetes is enrolled to have personnel trained in routine and emergency diabetes care. The State Board of Education, in cooperation with the Department of Health, shall also adopt rules for the management and care of diabetes by students in schools that include provisions to protect the safety of all students from the misuse or abuse of diabetic supplies or equipment.
b. A school district, county health department, and public-private partner, and the employees and volunteers of those entities, shall be indemnified by the parent of a student authorized to carry diabetic supplies or equipment for any and all liability with respect to the student’s use of such supplies and equipment pursuant to this paragraph.
3. A school district or public school may acquire and maintain a supply of undesignated glucagon for the purpose of treating a student with diabetes experiencing a hypoglycemic emergency. Undesignated glucagon must be stored in a secure location on the school’s premises that is immediately accessible to a school nurse or other school personnel trained to administer glucagon pursuant to this paragraph. Undesignated glucagon must be stored in accordance with the manufacturer’s instructions.a. A school district or public school may acquire and stock a supply of glucagon from a wholesale distributor as defined in s. 499.003 or may enter into an arrangement with a wholesale distributor or manufacturer as defined in s. 499.003 for glucagon at fair market, free, or reduced prices pursuant to a prescription issued in accordance with this section. b. A school district or public school may accept donated or transferred glucagon if it is new, unexpired, manufacturer-sealed, not subject to recall, unadulterated, and in compliance with relevant regulations adopted by the United States Food and Drug Administration. A school district or public school may also obtain monetary donations or apply for grants to purchase glucagon.
c. A school district or public school may request a prescription for glucagon from a county health department.
4. An authorized health care practitioner may prescribe glucagon in the name of a school district or public school for use in accordance with this section, and a licensed pharmacist may dispense glucagon pursuant to a prescription issued in the name of a school district or public school for use in accordance with this paragraph.
5. A participating school shall make available undesignated glucagon that is able to be administered as ordered in a student’s diabetes medical management plan or health care practitioner’s orders.
6. A school nurse or trained school personnel shall administer glucagon to students only if such school nurse or trained school personnel has successfully completed training and believe in good faith that the student is experiencing a hypoglycemic emergency.
7. Immediately after undesignated glucagon has been administered to a student, an employee of the public school shall call for emergency assistance, notify the school nurse, and notify the student’s parent or guardian or emergency contact.
8. The State Board of Education, in cooperation with the Department of Health, shall adopt rules to implement the provisions of this paragraph.
9. Notwithstanding any other provision of law to the contrary, a school nurse or school personnel of a school district trained in the administration of glucagon who administers or attempts to administer glucagon in compliance with this section and s. 768.13 and the school district that employs the school nurse or the trained school personnel are immune from civil or criminal liability as a result of such administration or attempted administration of glucagon. 10.a. An authorized health care practitioner, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional licensure statute or rule and is immune from any civil or criminal liability as a result of prescribing glucagon in accordance with this section.
b. A dispensing health care practitioner or pharmacist, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional licensure statute or rule and is immune from any civil or criminal liability as a result of dispensing glucagon in accordance with this section.
(k) Use of prescribed pancreatic enzyme supplements.—A student who has experienced or is at risk for pancreatic insufficiency or who has been diagnosed as having cystic fibrosis may carry and self-administer a prescribed pancreatic enzyme supplement while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities if the school has been provided with authorization from the student’s parent and prescribing practitioner. The State Board of Education, in cooperation with the Department of Health, shall adopt rules for the use of prescribed pancreatic enzyme supplements which shall include provisions to protect the safety of all students from the misuse or abuse of the supplements. A school district, county health department, public-private partner, and their employees and volunteers shall be indemnified by the parent of a student authorized to use prescribed pancreatic enzyme supplements for any and all liability with respect to the student’s use of the supplements under this paragraph.
(l) Notification of involuntary examinations.—1. Except as provided in subparagraph 2., the public school principal or the principal’s designee shall make a reasonable attempt to notify the parent of a student before the student is removed from school, school transportation, or a school-sponsored activity to be taken to a receiving facility for an involuntary examination pursuant to s. 394.463. For purposes of this subparagraph, “a reasonable attempt to notify” means the exercise of reasonable diligence and care by the principal or the principal’s designee to make contact with the student’s parent, guardian, or other known emergency contact whom the student’s parent or guardian has authorized to receive notification of an involuntary examination. At a minimum, the principal or the principal’s designee must take the following actions:a. Use available methods of communication to contact the student’s parent, guardian, or other known emergency contact, including, but not limited to, telephone calls, text messages, e-mails, and voice mail messages following the decision to initiate an involuntary examination of the student.
b. Document the method and number of attempts made to contact the student’s parent, guardian, or other known emergency contact, and the outcome of each attempt.
A principal or his or her designee who successfully notifies any other known emergency contact may share only the information necessary to alert such contact that the parent or caregiver must be contacted. All such information must be in compliance with federal and state law.
2. The principal or the principal’s designee may delay the required notification for no more than 24 hours after the student is removed if:a. The principal or the principal’s designee deems the delay to be in the student’s best interest and a report has been submitted to the central abuse hotline, pursuant to s. 39.201, based upon knowledge or suspicion of abuse, abandonment, or neglect; or b. The principal or principal’s designee reasonably believes that such delay is necessary to avoid jeopardizing the health and safety of the student.
3. Before a principal or his or her designee contacts a law enforcement officer, he or she must verify that de-escalation strategies have been utilized and outreach to a mobile response team has been initiated unless the principal or the principal’s designee reasonably believes that any delay in removing the student will increase the likelihood of harm to the student or others. This requirement does not supersede the authority of a law enforcement officer to act under s. 394.463. Each district school board shall develop a policy and procedures for notification under this paragraph.
(m) Sun-protective measures in school.—A student may possess and use a topical sunscreen product while on school property or at a school-sponsored event or activity without a physician’s note or prescription if the product is regulated by the United States Food and Drug Administration for over-the-counter use to limit ultraviolet light-induced skin damage.
(n) Face covering mandates and quarantine mandates in response to COVID-19.—1. A district school board, a district school superintendent, an elected or appointed local official, or any district school board employee may not:a. Require a student to wear a face mask, a face shield, or any other facial covering that fits over the mouth or nose. However, a parent, at the parent’s sole discretion, may allow his or her child to wear a face mask, a face shield, or any other facial covering that fits over the mouth or nose. This prohibition does not apply to safety equipment required as part of a course of study consistent with occupational or laboratory safety requirements.
b. Prohibit a student from attending school or school-sponsored activities, prohibit a student from being on school property, or subject a student to restrictions or disparate treatment, based on an exposure to COVID-19, so long as the student remains asymptomatic and has not received a positive test for COVID-19 as defined in s. 381.00319(1). A parent of a student, a student who is an emancipated minor, or a student who is 18 years of age or older may bring an action against the school district to obtain a declaratory judgment that an act or practice violates this subparagraph and to seek injunctive relief. A prevailing parent or student, as applicable, must be awarded reasonable attorney fees and court costs.
2. A district school board, a district school superintendent, an elected or appointed local official, or any school district employee may not prohibit an employee from returning to work or subject an employee to restrictions or disparate treatment based on an exposure to COVID-19 so long as the employee remains asymptomatic and has not received a positive test for COVID-19 as defined in s. 381.00319(1). (o) Emergency opioid antagonist use and supply.—1. A public school may purchase a supply of an emergency opioid antagonist approved by the United States Food and Drug Administration (FDA) from a wholesale distributor as defined in s. 499.003 or may enter into an arrangement with a wholesale distributor or manufacturer as defined in s. 499.003 for an FDA-approved emergency opioid antagonist at fair-market, free, or reduced prices for use in the event that a student has an opioid overdose. The FDA-approved emergency opioid antagonist must be maintained in a secure location on the public school’s premises. 2. A public school employee who administers an approved emergency opioid antagonist to a student in compliance with ss. 381.887 and 768.13 is immune from civil liability under s. 768.13. (p) Use and possession of headache medications.—A student may possess and use a medication to relieve headaches while on school property or at a school-sponsored event or activity without a physician’s note or prescription if the medication is regulated by the United States Food and Drug Administration for over-the-counter use to treat headaches.
(q) Anaphylaxis policy.—1. Each district school board and charter school governing board shall require each school that serves students in kindergarten through grade 8 to provide training to an adequate number of school personnel and contracted personnel in preventing and responding to allergic reactions, including anaphylaxis. This training must include recognizing the signs of an anaphylactic reaction and administering an FDA-approved epinephrine delivery device that has a premeasured, appropriate weight-based dose. Each district school board and charter school governing board shall also require that, for each student in kindergarten through grade 8 who has an emergency action plan for anaphylaxis, such plan must be in effect and accessible at all times when the student is on school grounds during the school day or participating in school-sponsored activities. This includes extracurricular activities, athletics, school dances, and contracted before-school or after-school programs at the student’s school.
2. The State Board of Education, in consultation with the Department of Health, shall adopt rules to implement this paragraph, including identifying an approved training curriculum, by October 1, 2025.
(6) EDUCATIONAL CHOICE.—(a) Public educational school choices.—Parents of public school students may seek any public educational school choice options that are applicable and available to students throughout the state. These options may include controlled open enrollment, single-gender programs, lab schools, virtual instruction programs, charter schools, charter technical career centers, magnet schools, alternative schools, special programs, auditory-oral education programs, advanced placement, dual enrollment, International Baccalaureate, International General Certificate of Secondary Education (pre-AICE), CAPE digital tools, CAPE industry certifications, early college programs, Advanced International Certificate of Education, early admissions, credit by examination or demonstration of competency, the New World School of the Arts, the Florida School for the Deaf and the Blind, and the Florida Virtual School. These options may also include the public educational choice option of the Opportunity Scholarship Program.
(b) Private educational choices.—Parents of public school students may seek private educational choice options under certain programs established under this chapter.
(c) Home education.—The parent of a student may choose to place the student in a home education program in accordance with the provisions of s. 1002.41. (d) Private tutoring.—The parent of a student may choose to place the student in a private tutoring program in accordance with the provisions of s. 1002.43(1). (18) EXTRACURRICULAR ACTIVITIES.—In accordance with the provisions of s. 1006.15:(a) Eligibility.—Students who meet specified academic and conduct requirements are eligible to participate in extracurricular activities.
(b) Home education students.—Home education students who meet specified academic and conduct requirements are eligible to participate in extracurricular activities at the public school to which the student would be assigned or could choose to attend according to district school board policies, or may develop an agreement to participate at a private school.
(c) Charter school students.—Charter school students who meet specified academic and conduct requirements are eligible to participate in extracurricular activities at the public school to which the student would be assigned or could choose to attend according to district school board policies, or may develop an agreement to participate at a private school, unless such activity is provided by the student’s charter school.
(d) Florida Virtual School full-time students.—Florida Virtual School full-time students who meet specified academic and conduct requirements are eligible to participate in extracurricular activities at the public school to which the student would be assigned or could choose to attend according to district school board policies, or may develop an agreement to participate at a private school.
(e) Discrimination prohibited.—Organizations that regulate or govern extracurricular activities of public schools shall not discriminate against any eligible student based on an educational choice of public, private, or home education.