Legislation Update: Restraint and Seclusion in Florida Schools

On April 30, 2010, the Florida House of Representatives voted unanimously to pass House Bill 1073.  House Bill 1073 sets forth a school’s responsibilities with respect to the use of restraint and seclusion and what actions it must take following the use of such measures.  On May 21, 2010, the bill was presented to Governor Crist for signing.  If signed, the bill shall become effective July 1, 2010.   

Sources:  Palm Beach Post; TampaBay.Com

The full text of House Bill 1073 and other related information is available at the following link: House Bill 1073

Legislation Update: Justice Sandra Day O’Connor Civics Education Act

The Justice Sandra Day O’Connor Civics Education Act (House Bill 105) was signed into law on May 11, 2010.  The Act requires middle school students in Florida to take and pass a civics class before going to high school.  Under the language of the Act, the civics course must include “the roles and responsibilities of federal, state, and local governments; the structures and functions of the legislative, executive, and judicial branches of government; and the meaning and significance of historic documents, such as the Articles of Confederation, the Declaration of Independence, and the Constitution of the United States.”

Sources:  Florida Today (Florida Associated Press); Tampa Bay Online (The Suncoast News)

The full text of House Bill 105 and other related information is available at the following link: House Bill 105

Legislation Update: Treatment of Diabetes in Florida Schools

On May 11, 2010, Governor Crist signed House Bill 747 into law.  The bill permits students to manage their diabetes during class, transit, and other activities.  The bill shall take effect on July 1, 2010.  The following is a relevant portion of the text of House Bill 747:

(3) HEALTH ISSUES.—
(j) Diabetes management.—A school district may not restrict the assignment of a student who has diabetes to a particular school on the basis that the student has diabetes, that the school does not have a full-time school nurse, or that the school does not have trained diabetes personnel. Diabetic students whose parent and physician provide their written authorization to the school principal may carry diabetic supplies and equipment on their person and attend to the management and care of their diabetes while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities to the extent authorized by the parent and physician and within the parameters set forth by State Board of Education rule. The written authorization shall identify the diabetic supplies and equipment that the student is authorized to carry and shall describe the activities the child is capable of performing without assistance, such as performing blood-glucose level checks and urine ketone testing, administering insulin through the insulin-delivery system used by the student, and treating hypoglycemia and hyperglycemia. The State Board of Education, in cooperation with the Department of Health, shall adopt rules to encourage every school in which a student with diabetes is enrolled to have personnel trained in routine and emergency diabetes care. The State Board of Education, in cooperation with the Department of Health, shall also adopt rules for the management and care of diabetes by students in schools that include provisions to protect the safety of all students from the misuse or abuse of diabetic supplies or equipment. A school district, county health department, and public-private partner, and the employees and volunteers of those entities, shall be indemnified by the parent of a student authorized to carry diabetic supplies or equipment for any and all liability with respect to the student’s use of such supplies and equipment pursuant to this paragraph.

Source:  Tampa Bay Online (Highlands Today)

The full text of House Bill 747 and other related information is available at the following link: House Bill 747

Free Universal School Breakfast Program

Pursuant to Section 1006.06(5)(a), Florida Statutes, beginning with the 2010-2011 school year, Florida schools must offer a free universal school breakfast program if  “80 percent or more of the students are eligible for free or reduced-price meals.”  However, under Section 1006.06(5)(c), Florida Statutes, school districts have the ability to opt out of the universal school breakfast program “after receiving public testimony concerning the proposed policy at two or more regular meetings...”

Sources:  Orlando Sentinel; Herald Tribune

U.S. Environmental Protection Agency Issues New Rule Regarding Lead-Safe Practices

On April 22, 2010, the U.S. Environmental Protection Agency issued a new rule requiring that contractors obtain certification and follow specific work practices when renovating, repairing and painting in certain facilities, including schools built before 1978.  The purpose behind the new rule is to reduce the creation of hazardous lead dust and chips during renovation projects.

Information pertaining to the new EPA rule is available at the following link: US EPA: Renovation, Repair and Painting Rule

FIRM NEWS

Harmon and Tyndall Appointed to the Education Law Committee

Terry J. Harmon and Heather N. Tyndall have been appointed by The Florida Bar as members of the Education Law Committee.  The scope and function of the Education Law Committee is to bring together education law attorneys, as well as other attorneys that practice in education law-related areas, to review existing areas of education law, to study recent developments in this specialized area of practice of the law, and to keep the members of the bar informed of significant developments in this practice area.  The Committee will take an active role in communicating and articulating legislative changes, will publish a journal (newsletter), and will hold a regular annual seminar addressing education law issues.