POL-A1

June 15, 2022

POLICY 5.735

Agenda Item #POL-A1 I recommend the Board adopt the proposed revised Policy
5.735, entitled “Parents Bill of Rights and Notification of Right to Involvement in Palm
Beach County Schools.”

[Contact: Glenda Sheffield, 561-434-8616]

CONSENT ITEM

(This Policy was presented to the Board at a workshop on 4/13/2022 and approved
for development on 5/4/2022)

● The School Board recognizes that parents/guardians play a fundamental role

in the education, welfare, and values of its students, and that the education of

each student is a responsibility shared by the school district and the student’s

parents or guardians.

● Provides the definition of instructional materials and parent/legal guardian.

● Identifies parental rights as required by FS §1014.04 and HB 1557 (2022).

● Notifies parents how to be involved in school.

● Details procedures for schools to resolve parent concerns regarding classroom

materials or the school’s handling of information that affects a student’s

mental, emotional, or physical health or well-being and the school’s ability to

provide a safe supportive environment for the student.

● Revised line 194 to include a provision clarifying that Policy 5.735 does not

incorporate any other policy by reference per the Board’s vote at the May 4th

Special Meeting.
 1 Parents’ Bill of Rights and Notification of Right to Involvement in Palm Beach County Schools
2
3 Board Policy 5.735
4
5 Purpose:
6 The School Board recognizes that parents/guardians play a fundamental role in the education,
7 welfare, and values of its students and that the education of each student is a responsibility shared
8 by the school district and the student’s parents or guardians.
9
10
11 I.Definitions;
12 a. Parent/guardian: For purposes of this policy, a parent or guardian is a person who has
13 legal custody of a minor child as a natural or adoptive parent or a legal guardian.
14 b. Instructional Materials: means items having intellectual content that by design serve as a
15 major tool for assisting in the instruction of a subject or course. These items may be available in
16 bound, unbound, kit, or package form and may consist of hardbacked or soft-backed textbooks,
17 electronic content, consumables, learning laboratories, manipulatives, electronic media, and
18 computer courseware or software. Fla. Stat. §1006.29(2).
19
20 II. Parental Rights:
21
22
23 1. The School Board recognizes the following parental rights:
24 a. The right to direct the education and care of their minor children;
25 b. The right to direct the upbringing and the moral or religious training of their
26 minor children;
27 c. The right to apply to enroll their children in a public school, or as an
28 alternative a private school, a home education program or other available options;
29 d. The right to access and review school records relating to their minor
30 children;
31 e. The right to make healthcare decisions for their minor children unless
32 otherwise prohibited by law;
33 f. The right to access and review all medical records of their minor children,
34 unless prohibited by law or if the parent is the subject of an investigation of a crime
35 committed against the minor child and a law enforcement agency or official
36 requests that the information not be released;
37 g. The right to consent in writing before a biometric scan of their minor child
38 is made, shared or stored;
39 h. The right to consent in writing before any record of their minor child’s blood
40 or DNA is created, stored or shared except as required by law, or authorized
41 pursuant to a court order;
42 i. The right to consent in writing before the state or any political subdivision
43 makes a video or voice recording of their minor child unless such recording is made
44 during or part of a court proceeding or is made as part of a forensic interview in a
45 criminal or Department of Children and Families investigation or is to be used
46 solely for the following purposes:
47 i. A safety demonstration, including the maintenance of order and
48 discipline in the common areas of a school or student
49 transportation.
50 ii. A purpose related to a legitimate academic or extracurricular
51 activity.
52 iii. Security surveillance of buildings or grounds.
53 iv. A photo identification card.
54
55 j. The right to be notified promptly if any district employee or of any other institution
56 suspects that a criminal offense has been committed against their minor child, unless the
incident
57 has first been reported to law enforcement or the Department of Children and Families
58 and notifying the parent would impede the investigation.
59
60 2. This policy does not prohibit district employees, law enforcement, a court, or a state employee
61 that is responsible for child welfare from acting in their official capacity within the reasonable and
62 prudent scope of their authority.
63
64 3. A district employee may be subject to disciplinary action if the employee encourages, coerces,
65 or attempts to encourage a minor child to withhold information from the minor child’s parent or
66 guardian.
67
68 III. Notice of Parental Right to Involvement
69
70
71 1. The Palm Beach County School Board recognizes that family engagement in schools
72 improves student achievement, reduces absenteeism, and improves student behavior in
73 school. To that end, the Board has adopted numerous policies that support parental rights
74 as required by Florida Statute 1014.05.
75
76
77 a. The following policies contain plans pursuant to Fla. Stat. 1002.23 for parental
78 participation in schools to improve parent and teacher cooperation in areas such as homework,
79 school attendance, and discipline:
80 1.015 Parental/Family Involvement
81 8.16 Homework
82 5.09 Attendance
83 5.095 Absences for Religious Reasons
84 5.11 Releasing Children from School
85 5.1812 Student Code of Conduct Elementary (K-5)
86 5.1813 Student Code of Conduct Secondary (6-12)
87 5.182 Student Dress Codes and Uniforms
 88 5.186 Student Transportation Conduct
89 5.60 Eligibility for Participation in K-12 Extracurricular Activities
90 5.74 Students Experiencing Homelessness
91 8.01 Promotion, Placement, Graduation Student Progression Plans
92 8.123 Technology Acceptable Use Policy for Students
93
94
95 b. The following policies include procedures for parents to learn about their student’s course
96 of study, including the source of any supplemental education materials:
97
98 5.73 Parental Rights to Student Information and Decision Making
99 8.01 Promotion, Placement, Graduation- Student Progression Plans
100 8.12 Selection of Library Media Center Materials
101
102
103
104 c. The following policies provide information related to clubs and activities offered in the
105 district’s schools. Information about specific programs offered at individual schools may
106 be located on the individual school’s web page:
107
108 2.121 Student Activities in the Schools
109 2.122 Religious Freedom
110 5.60 Eligibility for Participation in K-12 Extracurricular Activities
111 8.131 Afterschool Programs
112
113
114 d. The following policies include information related to school choice options, including
115 choice programs, controlled open enrollment, virtual school, and home education
116 programs:
117
118 5.016 Choice Schools and Programs
119 5.017 Virtual Education
120 5.018 Controlled Open Enrollment
121 8.14 Home Education Programs
122
123
124 e. The following policies include procedures for parents to exempt their children from
125 immunizations:
126 5.06 Health Examinations and Immunizations
127 8.01 Promotion, Placement, Graduation, Student Progression Plans
128
129
130 f. The following policy includes information about parents’ right to review statewide
131 standardized assessment results:
132 8.01 Promotion, Placement, Graduation, Student Progression Plans
133
134
135 g. The following policy includes procedures for parents to enroll their children in gifted or
136 special education programs in accordance with Fla.Stat. 1003.57:
137
138 5.725 Exceptional Student Education
139
140
141 h. The following policies include information for parents about their right to inspect
142 instructional materials, receive a school report card, be informed about their children’s
143 attendance requirements, and the district’s policies for promotion, retention, and high
144 school graduation:
145
146 5.09 Attendance
147 5.73 Parental Rights to Student Information and Decision Making
148 8.01 Promotion, Placement, Graduation, Student Progression Plans
149
150
151 i. The following policies include procedures for a parent to inspect and object to instructional
152 materials and other materials used in the classroom- this may include workbooks,
153 worksheets, handouts, software applications, and any digital media made available
154 to students. These objections may be based on beliefs regarding morality, sex, and
155 religion, or the belief that such materials are harmful.
156
157 8.12 Selection of Library Media Center Materials
158 8.1205 Objection Procedures for Instructional Materials
159 8.122 Textbooks and Instructional Materials
160
161
162 j. Parents have a right to access information about the state public education system, state
163 standards, report card requirements, and attendance requirements, which are available to
164 the public on the Florida Department of Education’s website.
165
166
167 k. Parents have a right to participate in parent-teacher associations and organizations that
168 are sanctioned by the School Board or the Department of Education.
169
170 l. Parents have a right to opt-out of any district-level data collection relating to their minor
171 children that is not required by law. School Board Policy 2.142 Research in Public Schools
172 and Student Registration Form PBSD Form 0636 include additional information about
173 these rights.
174
175
176 m. Parents have a right to learn about their minor student’s course of study, including the
177 source of any supplemental education materials. If a parent wishes to inspect or review
178 any instructional materials or sources that are not available online or publicly available,
179 the parent will be offered an appointment to review these documents at the school during
180 regular school hours.
181
182
183
184 n. Parents who wish to withdraw their minor children from portions of the school district’s
185 comprehensive health education as required under Fla. Stat. 1003.42 (h), relating to sex
186 education, instruction on acquired immune deficiency syndrome education, or any
187 instruction regarding sexuality, shall provide written notification using PBSD Form 2140
188 which is posted on the District’s website. Schools shall notify parents of their right to opt
189 out and deliver a copy of PBSD Form 2140 to parents via email or hand delivery.
190 2. Publication:
191
192 Information about the requirements of this law shall be posted on the District website.
193 Additional information about some or all of these rights may be included in other School Board
194 Policies and the Family Student Handbook. All policies listed herein are referenced for
informational purposes only and promote parental involvement in the public school system as required
by Fla. Statl. §1014.05. This policy does not incorporate any other policy by reference.
195
196 3. Parental Requests for Information:
197
198 A parent may request in writing from the district school superintendent the information
199 required in Section III of this policy. Within 10 days, the district school superintendent or
designee
200 must provide such information to the parent. If the district school superintendent or designee
201 denies a parent’s request for information or does not respond to the parent’s request within 10
202 days, the parent may appeal the denial to the school board by submitting a written request for
203 appeal to pbor@palmbeachschools.org. The request for appeal must include a copy of the
original
204 request for information and any response provided by the District. The District School Board
must
205 place a parent’s appeal on the agenda for its next public meeting. If it is too late for a parent’s
206 appeal to appear on the next agenda, the appeal must be included on the agenda for the
207 subsequent meeting. The appeal will be placed immediately after New Business on the School
208 Board’s agenda. The parent will have a total of 3 minutes to address the Board after the matter
is

209 called on the agenda. The parent’s comments shall be solely related to the district’s denial of the
210 request.

210
212 IV. Student Welfare and Classroom Instruction
213
214
215
216 1. Student Welfare
217
218
219 a. The school’s principal or designee shall notify a student’s parent or legal guardian if
220 there is a known change in the student’s services or monitoring related to the student’s mental,
221 emotional or physical health, or well-being and in the school’s ability to provide a safe
221 supportive learning environment for the student.
223
224
225 b. School staff shall encourage students to discuss issues related to their well-being with
226 their parents. Staff may not encourage students to withhold information about their mental,
227 physical, emotional or well-being, or a change in related services or monitoring from their
228 parents. Upon a student’s request, staff may facilitate a discussion of issues affecting the
229 student’s well-being between students and parents.
230
231
232 c. School staff may not discourage or prohibit parents from being engaged in critical
233 decisions affecting a student’s mental, emotional or physical health, or well-being. In the event
234 of a change in services or monitoring relating to a student's mental, emotional or physical
235 health, or well-being, where there is a reasonable belief that notification would result in a threat
236 to the health and safety of the student or other students, the staff person should discuss the
237 situation with the school's counselor and principal/designee.
238
239
240 d. In the event the school counselor and principal/designee reasonably believe that the
241 disclosure would result in abuse, abandonment or neglect as defined in Fla. Stat. 39.01, the
242 school should notify the principal’s supervisor and follow the procedures in School Board Policy
243 5.30, if applicable.
244
245 2. Classroom Instruction and Health Forms and Services
246
247
248 a. Classroom instruction regarding sexual orientation or gender identity shall not occur in
249 grades kindergarten through third grade. Instruction for grades four and above shall be age
250 appropriate and developmentally appropriate for students in accordance with state standards.
251
252
253 b. Schools shall provide parents of students in grades kindergarten through third grade a
254 copy of any well-being or health screening form and obtain permission from the parent
255 before it is administered.
256
257
258 c. Parents shall be notified of each health service offered at their student’s school and be
259 provided the option to consent or decline any specific service at the beginning of each
260 school year.
261
262 3. Procedures for Resolution of Concerns Related to Section IV
263
264
265 a. Any complaints presented by a parent related to parental concerns regarding their school’s
266 compliance with the student welfare provisions as described in Section IV above shall be
267 addressed in the following manner.
268
269
270 b. Concerns raised by a parent or emancipated student shall be heard in the school in which
271 that student is registered. If the parent has children at different schools in Palm Beach
272 County, then the parent’s complaint must specify which school(s) the complaint pertains
273 273 to and it will be heard in that/those school(s).
274
275

276 c. School Level Complaint

277 a. Any complaint arising out of Section IV of this policy in a school shall be registered in
278 writing with the principal of the school. The principal or his/her designee shall convene the
279 School Review Committee (one teacher in the appropriate subject area/grade or staff member
280 knowledgeable with the student; the library media specialist, if applicable; a school counselor; a
281 representative designated by the Regional Superintendent; and a representative from the
282 appropriate District department(s).
283
284
285 b. The School Review Committee shall meet within five (5) days of receipt by the Principal
286 of the written parental concern. The parent shall be notified of the committee's meeting date and
287 time and shall be invited to present concerns for no more than 10 minutes unless time is extended
288 by the committee for good cause. A question/answer period or committee discussion may follow
289 the presentation at the committee's discretion.
290 i.The School Review Committee may also review, if applicable, state standards, and/or
291 professionally written reviews of the material, from sources such as those listed in School Board
292 Policy 8.12(6)(d)(i).
293 ii.The School Review Committee shall be chaired by the Principal or his/her designee. A
recorder
294 of minutes shall be appointed from the membership of the committee to take minutes and to
295 record the recommendation of the committee.
296 iii.Within two (2) days of its final meeting, the school shall prepare the committee's recommendation
297 with supporting reasons and provide this to the parent in a signed letter written on school
298 letterhead. A copy of this shall be provided to the regional office. Additionally, the Principal shall
299 provide a copy of reports of concerns regarding instruction/instructional materials to the Assistant
300 Superintendent of Teaching and Learning. Reports of concerns regarding health and wellness
301 notifications and decisions shall be provided to the Chief of Equity and Wellness.
302 iv.If the parent is not satisfied with the results of the Committee’s decision, the parent must email
303 pbor@palmbeachschools.org within one week to request a review by the appropriate district
304 department.
305 v.Within thirty (30) days, the parent will be notified, in writing, by the appropriate district department
306 of the results of the inquiry and their right to seek further review pursuant to Fla. Stat. 1001.42.
307

308
309

310 RULEMAKING AUTHORITY: Fla Stat. 120.81 (1) (a); 1001.41(2); 1001.43 (1), 1001.42
311 LAWS IMPLEMENTED: Fla. Stat. 1014.04; 1014.05,1001.42
312 HISTORY: ___/___/2022
313