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.
   43  Be It Enacted by the Legislature of the State of Florida:
   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.
  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.—
  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.