HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 241 Parents' Bill of Rights
SPONSOR(S): Grall and others
TIED BILLS: None IDEN./SIM. BILLS: CS/SB 582
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Health & Human Services Committee 13 Y, 7 N McElroy Calamas
2) Judiciary Committee 14 Y, 7 N Brascomb Kramer
3) Education & Employment Committee 15 Y, 6 N Wolff Hassell
SUMMARY ANALYSIS
It is well-settled that the interest of parents in the care, custody, and control of their children is perhaps the
oldest of the recognized fundamental liberty interests protected by the Due Process Clause of the Fourteenth
Amendment to the United States Constitution. This fundamental liberty interest is rooted in the fundamental
right of privacy from interference in making important decisions relating to marriage, family relationships, and
child rearing and education. The Florida Supreme Court has likewise recognized that parents have a
fundamental liberty interest in determining the care and upbringing of their children. These rights may not be
intruded upon absent a compelling state interest.
HB 241 creates Chapter 1014, Florida Statutes, as the “Parents’ Bill of Rights.” Chapter 1014, F.S.,
enumerates parental rights with respect to his or her minor child for education, health care, and criminal justice
procedures. The bill prohibits the state, its political subdivision, any other governmental entity or any other
institution from infringing upon the fundamental right of a parent to direct the upbringing, education, health
care, and mental health of his or her minor child. The bill requires state action that infringes upon this
fundamental right to be reviewed with strict scrutiny.
For education-related parental rights, the Florida K-20 Education Code currently includes s. 1002.20, F.S.,
relating to K-12 Student and Parents Rights. This section enumerates 24 rights of students and parents, most
of which are duplicated in the bill. The bill requires school districts to adopt policies that govern the plans and
procedures by which each school district must promote parental involvement. School districts must also adopt
notification procedures for specific parental rights.
The bill establishes parental consent requirements for, among other things, the collection of certain identifying
information for a minor child. The bill requires parental notification when a state actor suspects a child is the
victim of a criminal offense but provides exceptions including when a suspected offense has been reported to
law enforcement or the Department of Children and Families.
The bill also requires a health care practitioner, or his or her employees, to obtain parental consent before
performing health care services on a minor child and subjects health care practitioners and health care
facilities to disciplinary action for violation of these parental consent requirements in certain instances.
The bill may have a fiscal impact on state government; but does not have a fiscal impact on local governments.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Constitutional Principles
It is well-settled that the interest of parents in the care, custody, and control of their children is perhaps
the oldest of the recognized fundamental liberty interests protected by the Due Process Clause of the
Fourteenth Amendment to the United States Constitution.1 This fundamental liberty interest is rooted in
the fundamental right of privacy from interference in making important decisions relating to marriage,
family relationships, and child rearing and education.2 The United States Supreme Court has explained
the fundamental nature of this right is rooted in history and tradition:3
The history and culture of Western civilization reflect a strong tradition of parental
concern for the nurture and upbringing of their children. This primary role of the
parents in the upbringing of their children is now established beyond debate as an
enduring American tradition.
The Florida Supreme Court has likewise recognized that parents have a fundamental liberty interest in
determining the care and upbringing of their children.4 These rights may not be intruded upon absent a
compelling state interest.5 According to the Florida Supreme Court, when analyzing a statute that
infringes on the fundamental right of privacy, the applicable standard of review requires that the statute
survive the highest level of scrutiny:6
The right of privacy is a fundamental right which we believe demands the compelling state
interest standard. This test shifts the burden of proof to the state to justify an intrusion on
privacy. The burden can be met by demonstrating that the challenged regulation serves a
compelling state interest and accomplishes its goal through the use of the least intrusive
means.
Present Situation - Education
Student and Parental Rights Protected under Current Florida Law
Dependent upon the area of law, Florida Statutes includes several definitions of the term “parent.” For
example, for purposes of the child welfare system, parent is defined as, “a woman who gives birth to a
child and a man whose consent to the adoption of the child would be required under s. 63.062(1). The
term ‘parent’ also means legal father as defined in this section.”7 In the Florida K-20 Education Code,8
parent is defined as, “either or both parents of a student, any guardian of a student, any person in a
1 Santosky v. Kramer, 455 U.S. 745, 748 and 753 (1982) (holding the fundamental liberty interest of natural parents in the care custody,
and management of their child is protected by the Fourteenth Amendment, and termination of any parental rights requires due process
proceedings); Troxel v. Granville, 530 U.S. 57, 66 (2000) (holding there is a fundamental right under the Fourteenth Amendment for
parents to oversee the care, custody, and control of their children).
2 Carey v. Population Svcs. Int’l, 431 US 678, 684-685 (1977) (recognizing the right of privacy in personal decisions relating to
marriage, family relationships, child rearing, and education); See Wisconsin v. Yoder, 406, U.S. 205, 232-33 (1972) (holding a state law
requiring that children attend school past eight grade violates the parents’ constitutional right to direct the religious upbringing of their
children); See Parham v. J.R., 442 U.S. 584, 602 (1979) (recognizing the presumption that parents act in their children’s best interest);
Meyer v. Nebraska, 262 U.S. 390, 400-01 (1923) (affirming that the Constitution protects the preferences of the parent in education
over those of the state); Pierce v. Society of Sisters, 268 U.S. 510, 534-35 (1925) (recognizing the right of parents to direct the
upbringing of and education of their children).
3 Wisconsin v. Yoder, 406, U.S. 205, 232 (1972).
4 Beagle v. Beagle, 678 So. 2d 1271, 1272 (Fla. 1996) (holding a state law violated a parent’s constitutional right to privacy by imposing
grandparent visitation rights over objection of the parent without evidence of harm to the child or other compelling state interest).
5 Id. See, e.g., Shevin v. Byron, Harless, Schaffer, Reid & Assocs., Inc., 379 So. 2d 633, 637 (Fla. 1980) and Belair v. Drew, 776 So. 2d
1105, 1107 (Fla. 5th DCA 2001).
6 Winfield v. Division of Pari-Mutuel Wagering, Dept. of Bus. Regulation, 477 So. 2d 544, 547 (Fla. 1985).
7 S. 39.01(56), F.S.
8 Chs. 1000–1013, F.S., are referred to as the K-20 Education Code.
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 parental relationship to a student, or any person exercising supervisory authority over a student in place
of the parent.”9
According to the K-12 Student and Parents Rights section of Florida law, “Parents of public school
students must receive accurate and timely information regarding their child’s academic progress and
must be informed of ways they can help their child to succeed in school.”10 Further, the Florida
Education Code includes numerous statutory rights of students and their parents. Among other rights,
the code establishes that parents have the right to seek education school choice options including
charter schools, private schools that accept students who participate in a state scholarship program,
and home education programs.11 Additionally, a school district must notify high school students and
their parents, in writing, of the requirements for a standard high school diploma, available diploma
designations,12 and the eligibility requirements for state scholarship programs13 and postsecondary
admissions.14
Parents of public school students must be provided accurate and timely information regarding their
child’s academic progress and informed of ways they can help their child to succeed in school.15
Parents must be provided the student’s report card, progress reports, the school’s report cards, and
financial reports.16
To inform parents and enable them to direct and control their child’s education, current law specifies
various parental notice requirements, requires parental consent before public schools may take certain
actions, and allows parents to opt their child out of certain requirements for religious or other reasons.17
Students and their parents must be notified regarding student promotion policies, including policies for
whole grade and mid-year promotion, third grade retention, and remediating academic deficiencies.18
Current law requires public schools to notify a student’s parent regarding:
 Education records privacy rights.19
 The Academically Challenging Curriculum to Enhance Learning (ACCEL) options available at
the school and student eligibility requirements for ACCEL options.20
 Accessing their child’s instructional materials through the district’s local instructional
improvement system.21
 The process for a parent to request that his or her child be transferred to another classroom
teacher.22
 The availability of a scholarship from the Opportunity Scholarship Program,23 John M. McKay
Scholarship Program,24 or Florida Tax Credit Scholarship Program, if the student is eligible.25
Additionally, current law requires each district school board to share the following with parents:
 The district’s code of student conduct.26
9 S. 1000.21(5), F.S.
10 S. 1002.20, F.S.
11 S. 1002.20(6), F.S.
12 Students who satisfy standard high school diploma requirements and complete specified credit and testing requirements may earn a
Scholar designation. Students who satisfy standard high school diploma requirements and attain one or more industry certifications
may earn a Merit designation. S. 1003.4285(1)(b), F.S.
13 State law establishes several scholarship programs, such as the Bright Futures Scholarship Program, that enable qualified students
to earn money for postsecondary education. Ch. 1009, F.S.
14 S. 1003.4282(2), F.S.
15 S. 1002.20, F.S.
16 S. 1002.20(14)-(16), F.S.
17 See, e.g., s. 1002.20(3), F.S.
18 S. 1008.25(2), (4), (5), and (7), F.S.
19 S. 1002.22(2)(e), F.S.
20 S. 1002.3105 (4)(a), F.S.
21 S. 1006.283(2)(b)11., F.S.
22 Ss. 1003.3101 and 1012.42(2), F.S.
23 Ss. 1002.38(2) and (3)(a)1., F.S.
24 S. 1002.39(5)(a)1., F.S.
25 S. 1002.395, F.S.
26 S. 1006.07(2), F.S.
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  A parent guide to successful student achievement, consistent with the guidelines of the
Department of Education, which addresses what parents need to know about their child's
educational progress and how parents can help their child to succeed in school.27
 A checklist of parental actions that can strengthen parental involvement in their child's
educational progress. The checklist must be provided each school year to all parents of
students in kindergarten through grade 12 and must focus on academics, especially reading;
high expectations for students; citizenship; and communication.28
Current Florida law authorizes a parent to opt his or her child out of a school entry health examination
or school immunization requirements if the parent submits a written request stating objections on
religious grounds.29 A parent of a public school student may also request that their child be excused
from:
 Performing surgery or dissection in biological science classes.30
 The teaching of reproductive health or any disease, including HIV/AIDS.31
 Reciting the pledge of allegiance.32
 Reciting the Declaration of Independence during “Celebrate Freedom Week.”33
Each district school board must establish a policy enabling a parent to object to a child’s use of a
specific instructional material and a process enabling parents to contest the district school board’s
adoption of a specific instructional material.34 Florida law defines instructional material as, “items having
intellectual content that by design serve as a major tool for assisting in the instruction of a subject or
course. These items may be available in bound, unbound, kit, or package form and may consist of
hardbacked or softbacked textbooks, electronic content, consumables, learning laboratories,
manipulatives, electronic media, and computer courseware or software.”35
State law prohibits public schools from collecting, obtaining, or retaining information on the political
affiliation, voting history, religious affiliation, or biometric information of a student, a student’s parent, or
a student’s sibling.36
The Commissioner of Education and school districts must provide individual student assessment
results and teacher, school and district-level student achievement levels and learning gains to parents
annually.37 Additionally, school districts are required to distribute an annual report to every student’s
parent that includes the student’s individual results on statewide, standardized assessment and
progress toward proficiency in English Language Arts, science, social studies and math. School
districts are also required to annually publish the previous school year’s aggregated results on specific
assessments and revisions to district school policies with regard to retention and promotion.38
Effect of Proposed Changes – Education
Student and Parental Rights Protected under Current Florida Law
HB 241 creates Chapter 1014, Florida Statutes, as the “Parents’ Bill of Rights,” which enumerates
rights of parents with respect to their minor child for education, health care and criminal justice
procedures. The bill provides legislative intent for the Parents’ Bill of Rights and, for the purposes of ch.
27 S. 1002.23(5), F.S.
28 S. 1002.23(6), F.S.
29 Ss. 1002.20(3)(a)-(b) and 1003.22(5)(a), F.S.
30 Ss. 1002.20(3)(c) and 1003.47, F.S.
31 Ss. 1002.20(3)(d) and 1003.42(3), F.S.
32 Ss. 1002.20(12) and 1003.44(1) F.S.
33 S. 1003.421(4), F.S.
34 S. 1006.28(2)(a)2., F.S.
35 S. 1006.29(2), F.S.
36 S. 1002.222(1)(a), F.S., defines biometric information as information collected from the electronic measurement or evaluation of any
physical or behavioral characteristics that may be personally identifiable, including characteristics of fingerprints, hands, eyes, and the
voice. Thus, agencies or institutions may not use fingerprint scans, palm scans, retina or iris scans, face geometry scans, or voice
prints.
37 S. 1008.22, F.S.
38 S. 1008.25(8), F.S.
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 1014, F.S., defines “parent” as a person who has legal custody of a minor child as a natural or adoptive
parent or a legal guardian.
The bill provides that a parent of a minor child has inalienable rights that exceed those delineated in the
newly-created Parents’ Bill of Rights. Further, the bill provides that the parental rights of a minor child in
the state may not be limited or denied. The bill clarifies that Parents’ Bill of Rights does not authorize a
parent of a minor child to engage in conduct that is unlawful or to abuse or neglect his or her minor
child and does not apply to a parental decision that would end life.
The bill requires the state, political subdivisions, governmental entities and other institutions to
demonstrate as reasonable and necessary any action that would infringe on the fundamental rights of a
parent to direct the upbringing, education, health care, and mental health of his or her minor child. The
action must be narrowly tailored, achieve a compelling state interest and may not be achieved by a less
restrictive means.
The bill enumerates the following rights o