Florida Senate - 2019 SB 1282
By Senator Thurston
33-00757C-19 20191282__
1 A bill to be entitled
2 An act relating to wellness examinations; amending s.
3 381.0056, F.S.; revising the definition of the term
4 “physical examination” to include reference to
5 specified guidelines; amending s. 381.0057, F.S.;
6 specifying that physical examinations are included in
7 support services for purposes of the student support
8 services team program; amending s. 1002.20, F.S.;
9 exempting a child from the adolescent well-care
10 examination upon a parent’s written request stating
11 objections on religious grounds; amending s. 1002.42,
12 F.S.; requiring students of private schools to present
13 a proof of an adolescent well-care examination form;
14 creating s. 1003.221, F.S.; defining the term
15 “adolescent well-care examination”; requiring that
16 district school boards and private school governing
17 authorities require and enforce as a policy that
18 certain children present proof of an adolescent well
19 care examination each year; requiring district school
20 boards and private school governing authorities to
21 refuse to admit children who fail to present proof of
22 such examination; requiring school boards and private
23 school governing authorities to establish and enforce
24 a policy that allows a student to submit proof of the
25 examination within 30 school days under certain
26 conditions; providing exemptions; requiring the
27 Department of Education, in consultation with the
28 Department of Health, to develop a proof of adolescent
29 well-care examination form to become a part of each
30 student’s permanent record; providing exemptions from
31 the adolescent well-care examination requirement;
32 requiring each public school or private school to
33 follow up with each student until proper documentation
34 is obtained; requiring an authorized juvenile justice
35 official to follow up with each student until proper
36 documentation is obtained; specifying that the child’s
37 parent bears responsibility for compliance with
38 specified adolescent well-care examination
39 requirements; requiring the State Board of Education,
40 in consultation with the Department of Health, to
41 adopt rules; providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Paragraph (d) of subsection (2) of section
46 381.0056, Florida Statutes, is amended to read:
47 381.0056 School health services program.—
48 (2) As used in this section, the term:
49 (d) “Physical examination” means a thorough evaluation of
50 the health status of an individual, including a physical,
51 developmental, behavioral, and psychosocial screening and
52 assessment, as recommended in the American Academy of
53 Pediatrics’ 2017 Bright Futures: Guidelines for Health
54 Supervision of Infants, Children, and Adolescents.
55 Section 2. Paragraph (b) of subsection (3) of section
56 381.0057, Florida Statutes, is amended to read:
57 381.0057 Funding for school health services.—
58 (3) Any school district, school, or laboratory school which
59 desires to receive state funding under the provisions of this
60 section shall submit a proposal to the joint committee
61 established in subsection (2). The proposal shall state the
62 goals of the program, provide specific plans for reducing
63 teenage pregnancy, and describe all of the health services to be
64 available to students with funds provided pursuant to this
65 section, including a combination of initiatives such as health
66 education, counseling, extracurricular, and self-esteem
67 components. School health services shall not promote elective
68 termination of pregnancy as a part of counseling services. Only
69 those program proposals which have been developed jointly by
70 county health departments and local school districts or schools,
71 and which have community and parental support, shall be eligible
72 for funding. Funding shall be available specifically for
73 implementation of one of the following programs:
74 (b) Student support services team program.—The program
75 shall include a multidisciplinary team composed of a
76 psychologist, social worker, and nurse whose responsibilities
77 are to provide basic support services and to assist, in the
78 school setting, children who exhibit mild to severely complex
79 health, behavioral, or learning problems affecting their school
80 performance. Support services shall include, but not be limited
81 to: evaluation and treatment for minor illnesses and injuries,
82 referral and followup for serious illnesses and emergencies,
83 onsite care and consultation, referral to a physician, and
84 followup care for pregnancy or chronic diseases and disorders as
85 well as emotional or mental problems. Services also shall
86 include referral care for drug and alcohol abuse and sexually
87 transmitted diseases, sports and employment physicals, physical
88 examinations, immunizations, and in addition, effective
89 preventive services aimed at delaying early sexual involvement
90 and aimed at pregnancy, acquired immune deficiency syndrome,
91 sexually transmitted diseases, and destructive lifestyle
92 conditions, such as alcohol and drug abuse. Moneys for this
93 program shall be used to fund three teams, each consisting of
94 one half-time psychologist, one full-time nurse, and one full
95 time social worker. Each team shall provide student support
96 services to an elementary school, middle school, and high school
97 that are a part of one feeder school system and shall coordinate
98 all activities with the school administrator and certified
99 school counselor at each school. A program that places all three
100 teams in middle schools or high schools may also be proposed.
101
102 Funding may also be available for any other program that is
103 comparable to a program described in this subsection but is
104 designed to meet the particular needs of the community.
105 Section 3. Paragraph (a) of subsection (3) of section
106 1002.20, Florida Statutes, is amended to read:
107 1002.20 K-12 student and parent rights.—Parents of public
108 school students must receive accurate and timely information
109 regarding their child’s academic progress and must be informed
110 of ways they can help their child to succeed in school. K-12
111 students and their parents are afforded numerous statutory
112 rights including, but not limited to, the following:
113 (3) HEALTH ISSUES.—
114 (a) School-entry health examinations and adolescent well
115 care examinations.—A The parent of any child attending a public
116 or private school is shall be exempt from the requirement of a
117 health examination or adolescent well-care examination upon a
118 parent’s written request stating objections on religious grounds
119 in accordance with ss. 1003.22(1) and (2) and 1003.221(2) the
120 provisions of s. 1003.22(1) and (2).
121 Section 4. Subsection (5) of section 1002.42, Florida
122 Statutes, is amended to read:
123 1002.42 Private schools.—
124 (5) SCHOOL-ENTRY HEALTH EXAMINATIONS AND ADOLESCENT WELL
125 CARE EXAMINATIONS.—The governing authority of each private
126 school shall require students to present a certification of a
127 school-entry health examination in accordance with ss.
128 1003.22(1) and (2) and 1003.221(2) the provisions of s.
129 1003.22(1) and (2).
130 Section 5. Section 1003.221, Florida Statutes, is created
131 to read:
132 1003.221 School-entry adolescent well-care examinations;
133 exemptions; duties of Department of Education and Department of
134 Health.—
135 (1) For purposes of this section, “adolescent well-care
136 examination” means a physical, developmental, behavioral, and
137 psychosocial screening and assessment as recommended in the
138 American Academy of Pediatrics’ 2017 Bright Futures: Guidelines
139 for Health Supervision of Infants, Children, and Adolescents.
140 (2)(a) Each district school board and the governing
141 authority of each private school shall require and enforce as a
142 policy that, beginning at 12 years of age and continuing through
143 18 years of age, each child who is entitled to entrance into a
144 public or private school in this state must present proof that
145 an adolescent well-care examination was performed each year. The
146 district school board or the governing authority, as
147 appropriate, shall refuse admittance to any child otherwise
148 entitled to admittance to a Florida public or private school who
149 is not in compliance with this section.
150 (b) The school board or the governing authority, as
151 appropriate, may establish a policy that allows a student up to
152 30 school days to present such proof; however, children who are
153 experiencing homelessness and children who are known to the
154 department as defined in s. 39.0016 must be given a temporary
155 exemption for 30 school days. Any district school board that
156 establishes such a policy shall include provisions in its local
157 school health services plan to assist students in obtaining
158 adolescent well-care examinations.
159 (c) An exemption for 30 school days may be authorized for a
160 student who enters a juvenile justice program to allow that
161 student to attend class until his or her records or adolescent
162 well-care examination can be obtained.
163 (d) This subsection does not apply to a child whose parent
164 has submitted a written request for exemption stating objections
165 on religious grounds.
166 (3) The Department of Education, in consultation with the
167 Department of Health, shall develop a proof of adolescent well
168 care examination form that must be made a part of each student’s
169 permanent record, to be transferred when the student transfers,
170 is promoted, or changes schools. The transfer of such proof of
171 adolescent well-care examination by Florida public schools must
172 be accomplished using the Florida Automated System for
173 Transferring Education Records, and such transfer is deemed to
174 meet the requirements of this section.
175 (4) Each public school or private school shall follow up
176 with each such student until proper documentation is obtained.
177 An authorized juvenile justice official shall follow up with
178 each student who enters a juvenile justice program until proper
179 documentation is obtained.
180 (5) The parent of a child, 12 through 18 years of age, who
181 is admitted to or in attendance at a Florida public or private
182 school is responsible for assuring that the child is in
183 compliance with this section.
184 (6) The State Board of Education, in consultation with the
185 Department of Health, shall adopt rules to implement this
186 section, including procedures for exempting a child from
187 providing proof of the adolescent well-care examination.
188 Section 6. This act shall take effect July 1, 2019.