Parental Rights in Education

Procedures for Parents to Notify Charter School of Concerns Relating to Parental Rights in Education

On March 28, 2022, House Bill 1557 Parental Rights in Education was signed into law, protecting the rights of parents in need of additional assistance with certain disputes that are not timely resolved by the school district.  The following is a summary of the concerns that may be raised under the Parental Rights in Education [F.S. 1001.42 (8)(c)], but the entire bill can be found at: https://www.flsenate.gov/Session/Bill/2022/1557/BillText/er/PDF

  • The required notice regarding 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 requirement for School District personnel to encourage a student to discuss issues related to their well-being with
    their parent(s). 

  • The prohibition against School District personnel prohibiting or discouraging parental notification of and involvement in critical decisions affecting a student’s mental, emotional, or physical health or well-being.

  • The prohibition of classroom instruction by school personnel or third parties on sexual orientation or gender identity in kindergarten through third grade, or in other grades in a manner that is not age-appropriate or developmentally appropriate, in accordance with State standards.

  • The requirement that student support services training adhere to student services guidelines, standards, and frameworks established by the Florida Department of Education.

  • The requirement that, at the beginning of each school year, the District notify parents of each healthcare service offered at their child’s school and of the option to withhold consent or decline any specific service.

  • The requirement that the District provide a copy of a well-being questionnaire or health screening form to the parent and obtain the permission of the parent before administering the questionnaire or health screening form to a student in kindergarten through grade 3.

Parental Rights in Education

HB 1557 – Parental Rights in Education does not include the review of instructional materials.  Please reach out to the charter school’s administration directly regarding their purchased instructional materials.  Under F.S. 1002.33(16)(a), “A charter school shall operate in accordance with its charter and shall be exempt from all statutes in chapters 1000-1013”…, but “shall be in compliance” with those statutes listed in F.S. 1002.33(16)(a-b).

On October 19, 2022, the State Board of Education adopted Rule 6A-6.0791, Florida Administrative Code (F.A.C.), Special Magistrate for Unresolved Student Welfare Complaints at Charter Schools. This rule is applicable to all charter schools. The purpose of Rule 6A-6.0791, F.A.C., is to support parental rights by providing charter school parents with a more expedient route to resolve certain disputes, in lieu of filing a lawsuit in court.

Parental Rights in Education

Special Magistrate for Unresolved Student Welfare Complaints

Step 1

Under F.A.C. 6A-6.0791, charter schools have their own adopted procedures under Special Magistrate for Unresolved Student Welfare Complaints. The parent/guardian may find the expressed concern/complaint process on the charter school’s website.

A link to each charter school’s website can be accessed here: https://www.pasco.k12.fl.us/schools/charter

A charter school administrator or charter administrator’s designee will respond and attempt to resolve the concern within seven (7) business days (excluding state, federal, and school district holidays) of receipt of the notification.

Step 2

If a parent/guardian believes the concern is not resolved by the charter school’s administrator or designee, then the parent/guardian may then notify the School District in writing, describing the nature of the concern and the reason the charter school administrator’s proposed resolution failed to address their concern. This notification should be made using the following. Parent Concern Link.

Within 30 business days (excluding state, federal, and school district holidays) after receipt of the notification, the District will notify the charter school of the decision for resolution of the complaint or provide a statement of the reasons for not resolving the concern.

Step 3

If a parental complaint involving certain types of disputes is not resolved at the local level by a charter school administrator within seven business days, or subsequently, a school district decision within 30 business days, a parent/guardian may submit a form to the Florida Department of Education requesting the appointment of a Special Magistrate. If the request is granted, a Special Magistrate would hold a hearing and provide a recommended decision to the State Board of Education on the dispute between a parent and the school district. The State Board of Education would either approve or reject the recommended decision within 30 business days. Additional information can be found at: https://www.fldoe.org/schools/k-12-public-schools/special-magis.stml