Amends TCA Title 49, Chapter 1; Title 49, Chapter 2; Title 49, Chapter 6 and Title 68.

POLICY FOR STUDENT SURVEYS, ANALYSES, OR EVALUATIONS<br /> <br /> Present law requires every LEA to develop a policy setting forth the rights of parents and students and guidelines for teachers and principals with respect to the administration of surveys, analyses, or evaluations of students. The policy must do the following:<br /> <br /> (1) Allow a parent or legal guardian access to review all surveys, analyses or evaluations, prior to being administered to the parent or legal guardian's child;<br /> <br /> (2) Enable a parent or legal guardian to opt their student out of participating in a survey, analysis, or evaluation;<br /> <br /> (3) Require a parent or legal guardian, or student if the student is 18 or older, to provide written consent before the collection of individual student biometric data.<br /> <br /> This bill deletes (2) and (3) and provides, instead, that the policy must, in addition to (1), do the following: <br /> <br /> (1) Require the LEA to obtain the written, informed, and voluntarily signed consent of a student's parent or legal guardian, or the student if the student is 18 or older, before the student participates; and<br /> <br /> (2) Enable a student's parent or legal guardian, or the student if the student is at least 18, to withdraw the consent at any time before the student participates.<br /> <br /> COORDINATED SCHOOL HEALTH PROGRAM<br /> <br /> Present law requires the commissioner of education, in consultation with the department of health and in accordance with its duties under law, to develop guidelines based on the federal centers for disease control and prevention model for the implementation of a coordinated school health program. It is the intent that these guidelines serve as a model for LEAs in addressing the health needs of their students and improving student opportunities for academic achievement. Components of a coordinated school health program must include, but not be limited to, health services, health education, school nutrition services, physical education, healthy school environment, school counseling, school psychological and social services, staff health and wellness, and family and community involvement to enhance student health. In formulating this program, the commissioner must consider existing local school/local health departments and community collaborations to promote and support student health and wellness, as well as other state and local programs and initiatives in this area.<br /> <br /> In developing the guidelines and standards, the following components must be included:<br /> <br /> (1) The family life curriculum described by law must continue to be observed;<br /> <br /> (2) A parent must have the same right to exempt that parent's child from participation as provided for by law; and<br /> <br /> (3) To the extent permitted by state or federal law, any aspect of family planning or contraception must be governed by the public school nurse program laws and the policies set by the local boards of education. <br /> <br /> This bill deletes (2) above and provides, instead, that a student's parent or legal guardian, or a student who is at least 18, must provide a written, informed, and voluntarily signed consent to the student's LEA before the student receives or participates in the health services provided by a coordinated school health program. A student's parent or legal guardian, or a student who is at least 18, may withdraw the consent at any time before the student receives or participates in the health services.<br /> <br /> FAMILY LIFE INSTRUCTION<br /> <br /> Not less than 30 days prior to commencing instruction of the family life curriculum, present law requires each LEA to notify parents or legal guardians of students whom the LEA anticipates will be present for instruction in sex education of the following:<br /> <br /> (1) That the LEA is using a family life curriculum that meets the requirements of state law; and<br /> <br /> (2) That the parent or legal guardian must have the right to examine the grade level instructional materials and confer with the student's instructor, school counselor or principal, as designated by the LEA, regarding any or all portions of family life. A parent or guardian who wishes to excuse a student from any portion of family life must submit a request, in writing, to the student's instructor, school counselor, or principal. A parent or guardian who wishes to excuse a student from all portions of family life must submit a request in writing to the student's principal. A student who is excused from any or all portions of family life must not be penalized for grading purposes if the student satisfactorily performs alternative health lessons. <br /> <br /> This bill deletes the provisions regarding excusing a student from family life curriculum and provides, instead, that a student's parent or legal guardian, or a student who is at least 18, must provide a written, informed, and voluntarily signed consent to the student's LEA for the student to receive instruction in the LEA's family life curriculum. A student's parent or legal guardian, or a student who is at least 18, may withdraw the parent's, legal guardian's, or student's consent at any time before the student receives instruction in the LEA's family life curriculum. A student who is excused from any or all portions of family life must not be penalized for grading purposes if the student satisfactorily performs alternative health lessons.<br /> <br /> ON APRIL 17, 2023, THE SENATE ADOPTED AMENDMENTS #1 AND #3 AND PASSED SENATE BILL 1443, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes to this bill:<br /> <br /> (1) Clarifies that the LEA is not required to obtain the written, informed, and voluntary signed consent of a student's parent or legal guardian if the full survey, analysis, or evaluation is related to classroom instruction of a curriculum and the survey, analysis, or evaluation is distributed to the students as a method of evaluating the effectiveness and instructional curriculum;<br /> <br /> (2) Changes the requirements established for a student to receive family life instruction under this bill to, instead, be the requirements for a student to receive instruction of a sexual orientation or gender identity curriculum; and<br /> <br /> (3) Prohibits a school from allowing a student to become a member of a club or organization, or allowing a student to participate in any activity of a club or organization unless the student's parent or legal guardian first provides written consent to the student's membership or participation in a dated, written consent. <br /> <br /> AMENDMENT #3 makes the following revisions:<br /> <br /> (1) Makes the provisions relative to becoming a member of a club or organization apply only to minor students, which are students who are not 18 or older; and<br /> <br /> (2) Replaces present law provisions pertaining to a coordinated school health program with the requirement that a parent or legal guardian who wishes to excuse the parent's or legal guardian's student from participating in a health screening provided as part of a coordinated school health program must submit a request in writing to the student's nurse, instructor, school counselor, or principal. This amendment defines "health services" as including vision, dental, blood pressure, and hearing screenings.<br />