Parents' Bill of Rights

Parents' Bill of Rights

Chapter 1014, Florida Statutes, enumerates a list of fundamental rights of parents to direct the upbringing, education, and care of their minor children. 

 The state, any of its political subdivisions, any other governmental entity, or any other institution may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by a less restrictive means.

In accordance with the Parents' Bill of Rights, the following informational links are intended to provide parents with resources relating to the education of their child(ren).

The following lists represent the policies and related information most applicable to the topics contained herein but is not meant as an exhaustive list of all Board policies and plans pertinent to these topics.
If you have any questions, please contact the Office of the Staff Attorney at 863-534-0521.

Pursuant to s. 1014.04,

1. All parental rights are reserved to the parent of a minor child in this state without obstruction or interference from the state, any of its political subdivisions, any other governmental entity, or any other institution, including, but not limited to, all of the following rights of a parent of a minor child in this state:

a. The right to direct the education and care of his or her minor child.

b. The right to direct the upbringing and the moral or religious training of his or her minor child.
c. The right, pursuant to s. 1002.20(2)(b) and (6), to apply to enroll his or her minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home education program, or other available options, as authorized by law. 
• Student Enrollment for Polk County Public Schools
• Charter Schools
• Home School Education

d. The right, pursuant to s. 1002.20(13), to access and review all school records relating to his or her minor child.
• Board Policy 8330 Student Records

e. The right to make health care decisions for his or her minor child, unless otherwise prohibited by law.
• Student Health Services

f. The right to access and review all medical records of his or her minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released.
• Board Policy 8330 Student Records
• Student Health Services

g. The right to consent in writing before a biometric scan of his or her minor child is made, shared, or stored.
• Student Health Services

h. The right to consent in writing before any record of his or her minor child’s blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order.

i. The right to consent in writing before the state or any of its political subdivisions makes a video or voice recording of his or her minor child unless such recording is made during or as part of a court proceeding or is made as part of a forensic interview in a criminal or Department of Children and Families investigation or is to be used solely for the following purposes:

1. A safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles;

2. A purpose related to a legitimate academic or extracurricular activity;

3. A purpose related to regular classroom instructions;

4. Security or surveillance of buildings or grounds; or

5. A photo identification card.

j. The right to be notified promptly if an employee of the state, any of its political subdivisions, any other governmental entity, or any other institution suspects that a criminal offense has been committed against his or her minor child, unless the incident has first been reported to law enforcement  or the Department of Children and Families and notifying the parent would impede the investigation.
• Principles of Professional Conduct for the Education Profession in Florida (FLDOE)

2. This section does not:

a. Authorize a parent of a minor child in this state to engage in conduct that is unlawful or to abuse or neglect his or her minor child in violation of general law;

b. Condone, authorize, approve, or apply to a parental action or decision that would end life;

c. Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a government agency that is responsible for child welfare from acting in his or her official capacity within the reasonable and prudent scope of his or her authority; or

d. Prohibit a court of competent jurisdiction from issuing an order that is otherwise permitted by law.

3. An employee of the state, any of its political subdivisions, or any other governmental entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold information from his or her parent may be subject to disciplinary action.

4. A parent of a minor child in this state has inalienable rights that are more comprehensive than those listed in this section, unless such rights have been legally waived or terminated. This chapter does not prescribe all rights to a parent of a minor child in this state. Unless required by law, the rights of a parent of a minor child in this state may not be limited or denied. This chapter may not be construed to apply to a parental action or decision that would end life. 

School District Notification on Parental Rights

1. Each district school board shall, in consultation with parents, teachers, and administrators, develop and adopt a policy to promote parental involvement in the public school system. Such policy must include:

• Board Policy 9211 Guidelines for External and Internal Support Organizations
• Board Policy 9140 Citizens’ Advisory Committees
• Board Policy 2261.01 Title I – Parents’ Right to Know

a. A plan, pursuant to s. 1002.23, for parental participation in schools to improve parent and teacher cooperation in such areas as homework, school attendance, and discipline.

• Board Policy 5200 Attendance
• Student Code of Conduct

b. A procedure, pursuant to s. 1002.20(19)(b), for a parent to learn about his or her minor child’s course of study, including the source of any supplemental education materials.

• Core Instructional Materials

c. Procedures, pursuant to s. 1006.28(2)(a)2., for a parent to object to instructional materials and other materials used in the classroom. Such objections may be based on beliefs regarding morality, sex, and religion or the belief that such materials are harmful. For purposes of this section, the term “instructional materials” has the same meaning as in s. 1006.29(2) and may include other materials used in the classroom, including workbooks and worksheets, handouts, software, applications, and any digital media made available to students.

• Library Media Services
• Board Policy 2522 Challenges to Adoption or Use of Instructional, Library, or Reading List Materials

d. Procedures, pursuant to s. 1002.20(3)(d), for a parent to withdraw his or her minor child from any portion of the school district’s comprehensive health education required under s. 1003.42(2)(o) that relates to sex education or instruction in acquired immune deficiency syndrome education or any instruction regarding sexuality if the parent provides a written objection to his or her minor child’s participation. Such procedures must provide for a parent to be notified in advance of such course content so that he or she may withdraw his or her minor child from those portions of the course.

• Human Growth & Development
• Parent Opt-Out Form (Elementary School Grades)
• Parent Opt-Out Form (Middle School Grades)
• Parent Opt-Out Form (High School Grades)

e. Procedures, pursuant to s. 1006.195(1)(a), for a parent to learn about the nature and purpose of clubs and activities offered at his or her minor child’s school, including those that are extracurricular or part of the school curriculum.

• [INSERT EVENTS AND ACTIVITIES DOCUMENT LINK HERE]

f. Procedures for a parent to learn about parental rights and responsibilities under general law, including all of the following:

1. Pursuant to s. 1002.20(3)(d), the right to opt his or her minor child out of any portion of the school district’s comprehensive health education required under s. 1003.42(2)(o) that relates to sex education instruction in acquired immune deficiency syndrome education or any instruction regarding sexuality.

• Human Growth & Development
•      Parent Opt-Out Form (Elementary School Grades) • Parent Opt-Out Form (Middle School Grades) • Parent Opt-Out Form (High School Grades)
• Board Policy 8510 Wellness

2. A plan to disseminate information, pursuant to s. 1002.20(6), about school choice options, including open enrollment.

• Student Enrollment for Polk County Public Schools
• School Options

3. In accordance with s. 1002.20(3)(b), the right of a parent to exempt his or her minor child from immunizations.

4. In accordance with s. 1008.22, the right of a parent to review statewide, standardized assessment results.

• Finding Test Scores
• Assessment, Accountability & Evaluation (AAE)
• Accountability (FLDOE)

5. In accordance with s. 1003.57, the right of a parent to enroll his or her minor child in gifted or special education programs.

• Exceptional Student Education

6. In accordance with s. 1006.28(2)(a)1., the right of a parent to inspect school district instructional materials.

• Board Policy 2521 Instructional Materials Program
• Board Policy 2522 Challenges to Adoption or Use of Instructional, Library, or Reading List Materials

7. In accordance with s. 1008.25, the right of a parent to access information relating to the school district’s policies for promotion or retention, including high school graduation requirements.

• Student Progression Plan

8. In accordance with s. 1002.20(14), the right of a parent to receive a school report card and be informed of his or her minor child’s attendance requirements.

• Parent Portal
• Board Policy 5200 Attendance
• Student Code of Conduct

9. In accordance with s. 1002.23, the right of a parent to access information relating to the state public education system, state standards, report card requirements, attendance requirements, and instructional materials requirements.

• Chapter 1003, F.S., School Attendance
• Attendance and Enrollment (FLDOE)

10. In accordance with s. 1002.23(4), the right of a parent to participate in parent-teacher association and organizations that are sanctioned by a district school board or the Department of Education.

• Board Policy 9211 Guidelines for External and Internal Support Organizations
• Board Policy 9140 Citizens’ Advisory Committees

11. In accordance with s. 1002.222(1)(a), the right of a parent to opt out of any district-level data collection relating to his or her minor child not required by law.

• Student Code of Conduct

2. A district school board may provide the information required in this section electronically or post such information on its website.

3. A parent may request, in writing, from the district school superintendent the information required under this section. Within 10 days, the district school superintendent must provide such information to the parent. If the district school superintendent denies a parent’s request for information or does not respond to the parent’s request within 10 days, the parent may appeal the denial to the district school board. The district school board must place a parent’s appeal on the agenda for its next public meeting. If it is too late for a parent’s appeal to appear on the next agenda, the appeal must be included on the agenda for the subsequent meeting.

In accordance with Fla. Admin. Code R. 6A-1.0955(8)(m), the District has developed the following form to obtain parental consent whereby parents may specify the use of any deviation from their child’s legal name in school:

Parental Authorization for Deviation from Student’s Legal Name

In accordance with Fla. Admin. Code R. 6A-10.955(9), the District has adopted the PURE Process that provides for review and approval of any online educational service that students or their parents are required to use as part of a school activity. 
Approved Digital Resources (PURE)