Procedures for Alleged Violations of Parental Rights in Education (HB 1557) (2022)

SRCSD is required to adopt procedures for notifying parents/legal guardians 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.  District procedures can only permit withholding information from a parent/legal guardian if a reasonably prudent person would believe that disclosure would result in abuse, abandonment, or neglect.

Classroom instruction by school personnel or third parties on sexual orientation or gender identify may not occurring in kindergarten through grade 3 or in a manner that is not age or developmentally appropriate for students.

All student support trainings must adhere to frameworks established by the Department of Education.   Student well-being questionnaires and health screening forms for students in kindergarten through grade 3 must be provided to the parent to obtain permission before administration.  At this time, the district does not have plans to administer well-being questionnaires to kindergarten through grade 3 students.

At the beginning of each school year, parents/legal guardians are provided the option to withhold consent or decline a specific health care service.  Parental/legal guardian consent to a health care service does not waive the parent’s/legal guardian’s right to be notified about a change in his or her student’s services or monitoring.

Parents/legal guardians do have the right to file complaints under House Bill 1557.  If a parent/legal guardian notifies a principal of concerns that the provisions of this Bill have been violated, the Principal must attempt to resolve those concerns within seven (7) calendar days after notification by the parent/legal guardian.  The parent/legal guardian may notify the principal in writing via email or regular U.S. mail of the concern.

If a parent/legal guardian invokes this procedure, principals shall contact their area superintendent/chief/associate superintendent, who will involve the Office of Legal Services to provide guidance on resolution of the concerns.  Once the resolution is determined, the principal shall contact the parent/legal guardian either through a reply email or a letter sent via U.S. Mail to the parent informing the parent/legal guardian of the principal’s determination.

If the parent/legal guardian is not satisfied with the principal’s determination and escalates the concerns to the appropriate area superintendent/chief/associate superintendent, the concern must be resolved to the parent’s/legal guardian’s satisfaction within thirty (30) days after notification, or the appropriate area superintendent/chief/associate superintendent must provide a statement of the reason(s) for not resolving the concerns.  Such statement may be sent via email or via letter sent by U.S. Mail.

If the concern is not resolved, the parent/legal guardian may request that the Commissioner of Education appoint a special magistrate to address a parent’s/legal guardian’s dispute or file a declaratory judgment action in court.

In order to request appointment of a special magistrate, a parent/legal guardian must complete the “Parental Request for Appointment of a Special Magistrate” form.  Parents/legal guardians must describe the nature of the dispute, the resolution or relief sought at the school and district level, describe the resolution sought from the special magistrate and the State Board of Education, and demonstrate that before filing for the appointment of a special magistrate, resolution was sought by the parent/legal guardian with the student’s principal and subsequent to that, resolution was sought by the parent/legal guardian at the district level.

Parents/legal guardians can find additional information on the Florida Department of Education Special Magistrate Requests page.

*This section complies with Section 1001.42(8)(c)(7), Florida Statutes and Florida Administrative Code Rule 6A-1.094125.