Florida Senate - 2020                                     SB 208
       By Senator Thurston
       33-00316-20                                            2020208__
    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         proof of adolescent well-care examination forms;
   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; requiring each public
   31         school or private school to follow up with each
   32         student until proper documentation is obtained;
   33         requiring an authorized juvenile justice official to
   34         follow up with each student until proper documentation
   35         is obtained; specifying that the child’s parent bears
   36         responsibility for compliance with specified
   37         adolescent well-care examination requirements;
   38         requiring the State Board of Education, in
   39         consultation with the Department of Health, to adopt
   40         rules; providing an effective date.
   42  Be It Enacted by the Legislature of the State of Florida:
   44         Section 1. Paragraph (d) of subsection (2) of section
   45  381.0056, Florida Statutes, is amended to read:
   46         381.0056 School health services program.—
   47         (2) As used in this section, the term:
   48         (d) “Physical examination” means a thorough evaluation of
   49  the health status of an individual, including a physical,
   50  developmental, behavioral, and psychosocial screening and
   51  assessment, as recommended in the American Academy of
   52  Pediatrics’ 2017 Bright Futures: Guidelines for Health
   53  Supervision of Infants, Children, and Adolescents.
   54         Section 2. Paragraph (b) of subsection (3) of section
   55  381.0057, Florida Statutes, is amended to read:
   56         381.0057 Funding for school health services.—
   57         (3) Any school district, school, or laboratory school which
   58  desires to receive state funding under the provisions of this
   59  section shall submit a proposal to the joint committee
   60  established in subsection (2). The proposal shall state the
   61  goals of the program, provide specific plans for reducing
   62  teenage pregnancy, and describe all of the health services to be
   63  available to students with funds provided pursuant to this
   64  section, including a combination of initiatives such as health
   65  education, counseling, extracurricular, and self-esteem
   66  components. School health services shall not promote elective
   67  termination of pregnancy as a part of counseling services. Only
   68  those program proposals that which have been developed jointly
   69  by county health departments and local school districts or
   70  schools, and which have community and parental support, shall be
   71  eligible for funding. Funding shall be available specifically
   72  for implementation of one of the following programs:
   73         (b) Student support services team program.—The program
   74  shall include a multidisciplinary team consisting composed of a
   75  psychologist, social worker, and nurse whose responsibilities
   76  are to provide basic support services and to assist, in the
   77  school setting, children who exhibit mild to severely complex
   78  health, behavioral, or learning problems affecting their school
   79  performance. Support services shall include, but not be limited
   80  to: evaluation and treatment for minor illnesses and injuries,
   81  referral and followup for serious illnesses and emergencies,
   82  onsite care and consultation, referral to a physician, and
   83  followup care for pregnancy or chronic diseases and disorders as
   84  well as emotional or mental problems. Services also shall
   85  include referral care for drug and alcohol abuse and sexually
   86  transmitted diseases, sports and employment physicals, physical
   87  examinations, immunizations, and in addition, effective
   88  preventive services aimed at delaying early sexual involvement
   89  and aimed at pregnancy, acquired immune deficiency syndrome,
   90  sexually transmitted diseases, and destructive lifestyle
   91  conditions, such as alcohol and drug abuse. Moneys for this
   92  program shall be used to fund three teams, each consisting of
   93  one half-time psychologist, one full-time nurse, and one full
   94  time social worker. Each team shall provide student support
   95  services to an elementary school, middle school, and high school
   96  that are a part of one feeder school system and shall coordinate
   97  all activities with the school administrator and certified
   98  school counselor at each school. A program that places all three
   99  teams in middle schools or high schools may also be proposed.
  101  Funding may also be available for any other program that is
  102  comparable to a program described in this subsection but is
  103  designed to meet the particular needs of the community.
  104         Section 3. Paragraph (a) of subsection (3) of section
  105  1002.20, Florida Statutes, is amended to read:
  106         1002.20 K-12 student and parent rights.—Parents of public
  107  school students must receive accurate and timely information
  108  regarding their child’s academic progress and must be informed
  109  of ways they can help their child to succeed in school. K-12
  110  students and their parents are afforded numerous statutory
  111  rights including, but not limited to, the following:
  112         (3) HEALTH ISSUES.—
  113         (a) School-entry health examinations and adolescent well
  114  care examinations.A The parent of any child attending a public
  115  or private school is shall be exempt from the requirement of a
  116  health examination or adolescent well-care examination upon a
  117  parent’s written request stating objections on religious grounds
  118  in accordance with ss. 1003.22(1) and (2) and 1003.221(2) the
  119  provisions of s. 1003.22(1) and (2).
  120         Section 4. Subsection (5) of section 1002.42, Florida
  121  Statutes, is amended to read:
  122         1002.42 Private schools.—
  124  CARE EXAMINATIONS.—The governing authority of each private
  125  school shall require students to present a certification of a
  126  school-entry health examination in accordance with ss.
  127  1003.22(1) and (2) and 1003.221(2) the provisions of s.
  128  1003.22(1) and (2).
  129         Section 5. Section 1003.221, Florida Statutes, is created
  130  to read:
  131         1003.221 School-entry adolescent well-care examinations;
  132  exemptions; duties of Department of Education and Department of
  133  Health.—
  134         (1)For purposes of this section, “adolescent well-care
  135  examination” means a physical, developmental, behavioral, and
  136  psychosocial screening and assessment as recommended in the
  137  American Academy of Pediatrics 2017 Bright Futures: Guidelines
  138  for Health Supervision of Infants, Children, and Adolescents.
  139         (2)(a)Each district school board and the governing
  140  authority of each private school shall require and enforce as a
  141  policy that, beginning at 12 years of age and continuing through
  142  18 years of age, each child who is entitled to entrance into a
  143  public or private school in this state must present proof that
  144  an adolescent well-care examination was performed each year. The
  145  district school board or the governing authority, as
  146  appropriate, shall refuse admittance to any child otherwise
  147  entitled to admittance to a Florida public or private school who
  148  is not in compliance with this section.
  149         (b) The school board or the governing authority, as
  150  appropriate, may establish a policy that allows a student up to
  151  30 school days to present such proof; however, children who are
  152  experiencing homelessness and children who are known to the
  153  department as defined in s. 39.0016 must be given a temporary
  154  exemption for 30 school days. Any district school board that
  155  establishes such a policy shall include provisions in its local
  156  school health services plan to assist students in obtaining
  157  adolescent well-care examinations.
  158         (c)An exemption for 30 school days may be authorized for a
  159  student who enters a juvenile justice program to allow that
  160  student to attend class until his or her records or adolescent
  161  well-care examination can be obtained.
  162         (d) This subsection does not apply to a child whose parent
  163  has submitted a written request for exemption stating objections
  164  on religious grounds.
  165         (3)The Department of Education, in consultation with the
  166  Department of Health, shall develop a proof of adolescent well
  167  care examination form that must be made a part of each student’s
  168  permanent record, to be transferred when the student transfers,
  169  is promoted, or changes schools. The transfer of such proof of
  170  adolescent well-care examination by Florida public schools must
  171  be accomplished using the Florida Automated System for
  172  Transferring Education Records, and such transfer is deemed to
  173  meet the requirements of this section.
  174         (4)Each public school or private school shall follow up
  175  with each such student until proper documentation is obtained.
  176  An authorized juvenile justice official shall follow up with
  177  each student who enters a juvenile justice program until proper
  178  documentation is obtained.
  179         (5)The parent of a child 12 through 18 years of age who is
  180  admitted to or in attendance at a Florida public or private
  181  school is responsible for assuring that the child is in
  182  compliance with this section.
  183         (6)The State Board of Education, in consultation with the
  184  Department of Health, shall adopt rules to implement this
  185  section, including procedures for exempting a child from
  186  providing proof of the adolescent well-care examination.
  187         Section 6. This act shall take effect July 1, 2020.