Bev Eakman's
Proposed state legislation.
FINDINGS
The Legislature of the State of ____________ finds that:
(1) U. S. Public Law 96-88 states, "parents have the primary responsibility for the education of their children, and States, localities, and private institutions have the primary responsibility for supporting that parental role";
(2) Schools are funded by taxpayers, and school staff are servants of the public;
(3) School attendance is compulsory;
(4) Research by medical professionals indicates that prescription anti-depressants and other psychiatric drugs have unproven track records and can have permanent, deleterious effects on children, including brain damage.
For these reasons, it is necessary and proper that the Legislature of the State of Florida specify certain rights for parents of children enrolled in Florida schools.
ESTABLISHMENT OF PARENTAL RIGHTS
(1) If agreement between the school and the parent or guardian cannot be reached concerning disciplinary measures, decisions of the parent or legal guardian shall take precedence over the recommendations of school staff and administrators. An exception can be made in cases where the pupil poses a physical threat to school staff or other students, or demonstrates an ongoing pattern of disruption that makes it impossible for teachers to meet the learning needs of other students, and for routine in-class and after-school detention for minor infractions of school rules;
(2) To enhance parental involvement, parents and legal guardians shall be informed BY MAIL prior to the dissemination of any survey, questionnaire, or test, given by school staff or proctors sent or brought to the school, that contains items relating to "private family information," defined as family finances, disciplinary methods, religious beliefs, political opinions, sexual issues, and value and lifestyle data such as that used for market research purposes. Such notification must state that the survey, questionnaire, or test requires the student to provide "private family information." Written consent of the parent or legal guardian shall be required for the student to participate in such survey or test or fill out such questionnaire;
(3) Parents and legal guardians shall have the right to examine any curriculum, test, survey, questionnaire, text, workbook or supplementary material immediately upon request and to make decisions with respect to his or her child (but not other people’s children) concerning the appropriateness of said materials. Parents and legal guardians shall have the right to withdraw their children from programs they believe are inappropriate, and the school shall provide an alternative program, without penalty to the student;
(4) School administrators, teachers, counselors, psychologists, and social workers without a medical degree shall not provide medical diagnoses or give a clinical test to any student. Non-medical school staff may not present lessons or activities that could be defined as medical or psychological therapy, nor shall any parent or legal guardian be coerced to seek medication or intimidated into pursuing specific medical or psychological diagnoses, psychotherapies, or other treatments for his/ her child. The school nurse shall be the sole point of contact with respect to any recommendations to the parent or legal guardian regarding a child’s medical needs and may not administer medication unless authorized in writing by the parent or legal guardian through written recommendations of his/her private physician. Transportation of any student to a medical facility for any purpose without the consent of the parent or legal guardian is prohibited, except in immediately life-threatening situations, such as an accident involving physical injury. All in-school physical or mental examinations are prohibited. Decisions of the parent or legal guardian shall take precedence over the directives of school staff and school administrators with respect to application of designations such as "educationally handicapped" and "learning disabled."
PENALTIES FOR NON-COMPLIANCE
The following penalties shall be imposed in cases where: medication is dispensed to a pupil without written authorization by the parent or legal guardian; coercion or intimidation of the parent of legal guardian is used to place a child on psychiatric drugs; a student is transported to a medical facility without the clear consent of the parent or legal guardian; in-school physical or mental examinations are conducted in violation of Section (4) above:
(1) The school district shall be liable for payment to the parent or legal guardian of all legal costs associated with a complaint resulting in a determination of non-compliance;
(2) The school district shall be liable for payment to the parent or legal guardian of all medical costs incurred by a student for withdrawal from school-mandated psychiatric drugs;
(3) The school district shall be liable for payment to the parent or legal guardian for any permanent harm to a student resulting from the administration of school-mandated psychiatric drugs or physical and mental examinations.