Thursday, July 25, 2019

Florida statute requires schools collect mental health data upon student enrollment

County Examiner continues to review provisions of the omnibus Marjory Stoneman Douglas High School Public Safety Act. Signed into law by former Florida Governor, now U.S. Senator Rick Scott, S.B. 7026 contains sections pertaining to firearm confiscations, prohibitions on persons younger than 21 years of age from purchasing a firearm, and adoption of policies relating to the prevention of violence on school grounds.

As school districts across the state gear up for the start of the 2019-2020 school year and in the run-up to the back-to-school shopping season, parents & guardians must adhere to an astonishing requirement of the MSDHSPSA; the disclosure to the school district of prior referrals to mental health services.

Section 1006.07, Florida Statutes, (1) (b) was amended to add the mental health services stipulation:

(1) CONTROL OF STUDENTS.—
(b) Require each student at the time of initial registration for school in the school district to note previous school expulsions, arrests resulting in a charge, and juvenile justice actions, and referrals to mental health services the student has had.


In 1971 the Florida Legislature enacted the Florida Mental Health Act. Colloquially known as the “Baker Act” the Act is named after Maxine Baker, former State representative from Miami who sponsored the Act, while serving as chairperson of the House Committee on Mental Health.

Referring to the treatment of persons with mental illness before the passage of her bill, Representative Baker stated “In the name of mental health, we deprive them of their most precious possession – liberty.”

Kinda tells you all you need to know about where collection of student mental health data through the school system is destined.