Q&A – What's in Florida’s Parental Rights in Education Legislation

Q&A – What’s Literally in Florida’s Parental Rights in Education Legislation 

Each day I feature a listener question sent by one of these methods.  

Email: brianmudd@iheartmedia.com 

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iHeartRadio: Use the Talkback feature – the microphone button on our station’s page in the iHeart app.   

Today’s Entry: Hey Brian, keep the facts coming... For the Q&A. You’ve said people should actually read the legislation...but you and I know most people won’t. The only reason I read it is because I heard you talk about multiple times and realized you were right. How about reading the law on-air and posting it online?  

Bottom Line: I promise you reading legislation on-air will never be the norm around here. Even I’m bored by the thought of doing it. That said, you make a good point – and seldom – if ever, has there been a piece of legislation so bastardized by the opposition and likewise so irresponsibly covered by most in news reporting. It’s also rare we have a high-profile law that’s so concise, as the total length of the law is just over six pages. Still, reading six pages of legislation on-air is still no bueno – so what I’ll do is omit the procedural elements of the law which account for the first 2+ pages of the legislation and the remedies which is the final page and a half. What I’m including are the seven different sections of the law specifically broken out.  

School districts are tasked with addressing: 

STUDENT WELFARE.  

1. In accordance with the rights of parents enumerated, adopt procedures for notifying a student's parent if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being and the school's ability to provide a safe and supportive learning environment for the student. The procedures must reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his or her well-being with his or her parent or to facilitate discussion of the issue with the parent. The procedures may not prohibit parents from accessing any of their student's education and health records created, maintained, or used by the school district. 
2. A school district may not adopt procedures or student support forms that prohibit school district personnel from notifying a parent about his or her student's mental, emotional, or physical health or well-being, or a change in related services or monitoring, or that encourage or have the effect of encouraging a student to withhold from a parent such information. School district personnel may not discourage or prohibit parental notification of and involvement in critical decisions affecting a student's mental, emotional, or physical health or well-being. This subparagraph does not prohibit a school district from adopting procedures that permit school personnel to withhold such information from a parent if a reasonably prudent person would believe that disclosure would result in abuse, abandonment, or neglect.  
3. Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students.  
4. Student support services training developed or provided by a school district to school district personnel must adhere to student services guidelines, standards, and frameworks established by the Department of Education.  
5. At the beginning of the school year, each school district shall notify parents of each healthcare service offered at their student's school and the option to withhold consent or decline any specific service. Parental consent to a health care service does not waive the parent's right to access his or her student's educational or health records or to be notified about a change in his or her student's services or monitoring as provided by this paragraph.  
6. Before administering a student well-being questionnaire or health screening form to a student in kindergarten through grade 3, the school district must provide the questionnaire or health screening form to the parent and obtain the permission of the parent.  
7. Each school district shall adopt procedures for a parent to notify the principal, or his or her designee, regarding concerns under this paragraph at his or her student's school and the process for resolving those concerns within 7 calendar days after notification by the parent. At a minimum, the procedures must require that within 30 days after notification by the parent that the concern remains unresolved, the school district must either resolve the concern or provide a statement of the reasons for not resolving the concern. If a concern is not resolved by the school district, a parent may: (I) Request the Commissioner of Education to appoint a special magistrate who is a member of The Florida Bar in good standing and who has at least 5 years' experience in administrative law.  

That’s literally what’s in the law. Clearly there’s nothing prohibiting anyone – students or teachers from “saying gay”. What is in it, is a mandate for schools to inform parents about potential changes in their child’s wellbeing and access for parents to those types of records. There’s also a mandate that children in grades k-3 not be taught sexual orientation and that it’s age appropriate thereafter. I challenge anyone to take the language I’ve shared with you, the actual language of the law, and explain how this is inappropriate. There are two sides to stories and one side to facts. These are the literal facts of Florida’s new Parental Rights in Education law which takes effect July 1st.