SB 358 — Water Safety and Swimming Certification for K-12 Students

Florida Senate - 2021 CS for SB 358 By Senatorthe BermanCommittee 31-00382B-21on 2021358__Education; A bill to be entitled An act relating to water safety;

and Senators Berman, Book, and Perry 581-03559-21 2021358c1 A bill to be entitled An act relating to water safety and swimming certification for K-12 students;

amending s.

1002.20, F.S.;

providing an exemption from certain water safety and swimming certifications for a child whose parent follows a specified procedure;

requiring districtpublic school boards and the governing authorities of private schools to requireprovide certainspecified childreninformation to present a specified certificate beginning in a certain schoolparents year;or students;

requiring that such certification comply with certain adopted rules;

providing that a parent of specified children is responsible for compliance with this section;

providing an exemption;

requiring the State Board of Education, subject to the concurrence of the Department of Health, to adopt certain rules by a specified date;

providing that certain persons are not liable for specified injuries;

exempting persons admitted to or attending adult education classes unless such persons are under a specified age;

amending ss.

381.88 and 1002.42, F.S.;

conforming cross-references;

249 Be It Enacted by the Legislature of the State of Florida:

2611 Section 1. This act may be cited as the “Edna Mae McGovern Act.” Section 2. Present2. Section paragraphs1003.225, (c) through (m) of subsection (3) of section 1002.20, Florida Statutes, are redesignated as paragraphs (d) through (n), respectively, and a new paragraph (c) is addedcreated to that subsection, to read:

1002.20 K-12 student and parent rights.—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.

K-12 students and their parents are afforded numerous statutory rights including, but not limited to, the following:

(3) HEALTH ISSUES.— (c) Water safety and swimming certification.—A child is exempt from the requirement of presenting a certificate of having successfully completed a nationally recognized water safety education course and nationally recognized age appropriate swimming lessons upon written request from his or her parent in accordance with s.

1003.225(3).

Section 3. Section 1003.225, Florida Statutes, is created to read:

(2) Beginning with the 2022-2023 school year, each districtpublic school boardshall andprovide, the governing authority of each private school must require each child who is entitled to admittancea toparent kindergarten, or who isinitially entitledenrolls tohis any other initial entrance into a public or privateher schoolchild in thisthe state,school, toinformation presenton athe certificateimportant ofrole having successfully completed a nationally recognized water safety education coursecourses and nationally recognized age-appropriate swimming lessons withinplay 1 year before enrollment in school.saving lives.

SuchThe certificationinformation must complybe withprovided theelectronically rulesor adoptedin byhardcopy theand Statemust Boardinclude oflocal Educationoptions pursuantfor toage-appropriate subsectionwater (4).safety courses and swimming lessons that result in a certificate indicating successful completion, including courses and lessons offered for free or at a reduced price.

(3) AIf parentthe ofstudent ais child18 admittedyears to,of age or inolder, attendance at, a Florida public or privateis schoolunder inthe prekindergartenage throughof grade21 12and is responsibleenrolling forin assuringadult thateducation hisclasses, orthe herinformation childmust isbe inprovided complianceto withthe thisstudent. section.

ASection child3. This isact exemptshall fromtake theeffect certificationJuly requirement1, of2021. subsection (2) if his or her parent submits a written objection, based on any grounds, to the school in which the child is enrolled or into which the child is entering.

(4) Subject to the concurrence of the Department of Health, the State Board of Education shall adopt rules necessary to administer and enforce this section by the beginning of the 2022-2023 school year.

The rules must prescribe the form of the certification required by subsection (2) and define “nationally recognized,” “water safety education course,” and “age appropriate swimming lessons.” (5) A member or an employee of a district school board, or a member or an employee of the governing board of a private school, is not liable for any injury caused by swimming lessons undertaken by a child pursuant to this section.

(6) This section does not apply to those persons admitted to or attending adult education classes unless such students are under 21 years of age.

Section 4. Paragraph (b) of subsection (2) of section 381.88, Florida Statutes, is amended to read:

381.88 Emergency allergy treatment.— (2) As used in this section and s.

381.885, the term:

(b) “Authorized entity” means an entity or organization at or in connection with which allergens capable of causing a severe allergic reaction may be present.

The term includes, but is not limited to, restaurants, recreation camps, youth sports leagues, theme parks and resorts, and sports arenas.

However, a school as described in s.

1002.20(3)(j) s.

1002.20(3)(i) or s.

1002.42(17)(b) is an authorized entity for the purposes of s.

381.885(4) and (5) only.

Section 5. Paragraph (a) of subsection (17) of section 1002.42, Florida Statutes, is amended to read: