H 1091

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    CS/HB 1091  2026
1A bill to be entitled
2An act relating to dental screenings for K-12
3students; amending s. 381.0056, F.S.; defining the
4term "dental screening"; authorizing dental screenings
5provided under the school health services program to
6be conducted after written notice and an opportunity
7for a parent or guardian to opt out; amending s.
81001.42, F.S.; clarifying district school board parent
9notification requirements for dental screenings;
10amending s. 1014.06, F.S.; providing that specified
11parental consent requirements do not apply to certain
12dental screenings; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16Section 1.  Present paragraphs (a) through (f) of
17subsection (2) of section 381.0056, Florida Statutes, are
18redesignated as paragraphs (b) through (g), respectively, a new
19paragraph (a) is added to that subsection, and paragraph (g) of
20subsection (5) and paragraph (e) of subsection (6) of that
21section are amended, to read:
22381.0056  School health services program.—
23(2)     As used in this section, the term:
24(a)     "Dental screening" means a limited, noninvasive visual
25inspection of the mouth and oral cavity for the purpose of
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26    identifying obvious signs of dental disease or abnormality. The
27    term does not include the diagnosis or treatment of a dental
28    disease or abnormality or the use of instruments that penetrate
29    tissue, and may not be construed as a comprehensive dental
30    examination. A dental screening is not an invasive screening as
31    defined in paragraph (d).
32(5)     A nonpublic school may request to participate in the
33    school health services program. A nonpublic school voluntarily
34    participating in the school health services program shall:
35(g)     At the beginning of each school year, inform parents
36    or guardians in writing that their children who are students in
37    the school will receive specified health services as provided
38    for in the district health services plan. A student will be
39    exempt from any of these services if his or her parent or
40    guardian requests such exemption in writing. A dental screening
41    that is part of the preventive dental program required under
42    subparagraph (4)(a)5. may be provided to a student after the
43    written notice required by this paragraph and a reasonable
44    opportunity for the parent or guardian to request such exemption
45    in writing. This paragraph may shall not be construed to
46    authorize invasive screening; if there is a need for such
47    procedure, the consent of the student's parent or guardian must
48    shall be obtained in writing before prior to performing the
49    screening. However, the laws and rules relating to contagious or
50    communicable diseases and sanitary matters may shall not be
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51    violated.
52(6)     The district school board shall:
53(e)     At the beginning of each school year, inform parents
54    or guardians in writing that their children who are students in
55    the district schools will receive specified health services as
56    provided for in the district health services plan. A student
57    will be exempt from any of these services if his or her parent
58    or guardian requests such exemption in writing. A dental
59    screening that is part of the preventive dental program required
60    under subparagraph (4)(a)5. may be provided to a student after
61    the written notice required by this paragraph and a reasonable
62    opportunity for the parent or guardian to request such exemption
63    in writing. This paragraph may shall not be construed to
64    authorize invasive screening; if there is a need for such
65    procedure, the consent of the student's parent or guardian must
66    shall be obtained in writing before prior to performing the
67    screening. However, the laws and rules relating to contagious or
68    communicable diseases and sanitary matters may shall not be
69    violated.
70Section 2.  Paragraph (c) of subsection (8) of section
71    1001.42, Florida Statutes, is amended to read:
721001.42       Powers and duties of district school board.—The
73    district school board, acting as a board, shall exercise all
74    powers and perform all duties listed below:
75(8)     STUDENT WELFARE.—
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76(c)1.       In accordance with the rights of parents enumerated
77     in ss. 1002.20 and 1014.04, adopt procedures for notifying a
78     student's parent if there is a change in the student's services
79     or monitoring related to the student's mental, emotional, or
80     physical health or well-being and the school's ability to
81     provide a safe and supportive learning environment for the
82     student. The procedures must reinforce the fundamental right of
83     parents to make decisions regarding the upbringing and control
84     of their children by requiring school district personnel to
85     encourage a student to discuss issues relating to his or her
86     well-being with his or her parent or to facilitate discussion of
87     the issue with the parent. The procedures may not prohibit
88     parents from accessing any of their student's education and
89     health records created, maintained, or used by the school
90     district, as required by s. 1002.22(2).
912.      A school district may not adopt procedures or student
92     support forms that prohibit school district personnel from
93     notifying a parent about his or her student's mental, emotional,
94     or physical health or well-being, or a change in related
95     services or monitoring, or that encourage or have the effect of
96     encouraging a student to withhold from a parent such
97     information. School district personnel may not discourage or
98     prohibit parental notification of and involvement in critical
99     decisions affecting a student's mental, emotional, or physical
100    health or well-being. This subparagraph does not prohibit a
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101    school district from adopting procedures that permit school
102    personnel to withhold such information from a parent if a
103    reasonably prudent person would believe that disclosure would
104    result in abuse, abandonment, or neglect, as those terms are
105    defined in s. 39.01.
1063.      Classroom instruction by school personnel or third
107    parties on sexual orientation or gender identity may not occur
108    in prekindergarten through grade 8, except when required by ss.
109    1003.42(2)(o)3. and 1003.46. If such instruction is provided in
110    grades 9 through 12, the instruction must be age-appropriate or
111    developmentally appropriate for students in accordance with
112    state standards. This subparagraph applies to charter schools.
1134.      Student support services training developed or provided
114    by a school district to school district personnel must adhere to
115    student services guidelines, standards, and frameworks
116    established by the Department of Education.
1175.      At the beginning of the school year, each school
118    district shall notify parents of each health care service
119    offered at their student's school and the option to withhold
120    consent or decline any specific service in accordance with s.
121    1014.06. A dental screening, as defined in s. 381.0056(2), which
122    is included in the preventive dental program listed in s.
123    381.0056(4)(a)5. may be provided in accordance with s. 381.0056.
124    Parental consent to a health care service does not waive the
125    parent's right to access his or her student's educational or
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126    health records or to be notified about a change in his or her
127    student's services or monitoring as provided by this paragraph.
1286.      Before administering a student well-being questionnaire
129    or health screening form to a student in kindergarten through
130    grade 3, the school district must provide the questionnaire or
131    health screening form to the parent and obtain the permission of
132    the parent.
1337.      Each school district shall adopt procedures for a
134    parent to notify the principal, or his or her designee,
135    regarding concerns under this paragraph at his or her student's
136    school and the process for resolving those concerns within 7
137    calendar days after notification by the parent.
138a.      At a minimum, the procedures must require that within
139    30 days after notification by the parent that the concern
140    remains unresolved, the school district must either resolve the
141    concern or provide a statement of the reasons for not resolving
142    the concern.
143b.      If a concern is not resolved by the school district, a
144    parent may:
145(I)      Request the Commissioner of Education to appoint a
146    special magistrate who is a member of The Florida Bar in good
147    standing and who has at least 5 years' experience in
148    administrative law. The special magistrate shall determine facts
149    relating to the dispute over the school district procedure or
150    practice, consider information provided by the school district,
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151    and render a recommended decision for resolution to the State
152    Board of Education within 30 days after receipt of the request
153    by the parent. The State Board of Education must approve or
154    reject the recommended decision at its next regularly scheduled
155    meeting that is more than 7 calendar days and no more than 30
156    days after the date the recommended decision is transmitted. The
157    costs of the special magistrate shall be borne by the school
158    district. The State Board of Education shall adopt rules,
159    including forms, necessary to implement this subparagraph.
160(II)        Bring an action against the school district to obtain
161    a declaratory judgment that the school district procedure or
162    practice violates this paragraph and seek injunctive relief. A
163    court may award damages and shall award reasonable attorney fees
164    and court costs to a parent who receives declaratory or
165    injunctive relief.
166c.      Each school district shall adopt and post on its
167    website policies to notify parents of the procedures required
168    under this subparagraph.
169d.      Nothing contained in this subparagraph shall be
170    construed to abridge or alter rights of action or remedies in
171    equity already existing under the common law or general law.
172Section 3.  Present subsection (5) of section 1014.06,
173    Florida Statutes, is redesignated as subsection (6), and a new
174    subsection (5) is added to that section, to read:
1751014.06        Parental consent for health care services.—
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176(5)     This section does not apply to a dental screening, as
177    defined in s. 381.0056(2), which is part of the preventive
178    dental program required under s. 381.0056(4)(a)5. and provided
179    in accordance with s. 381.0056.
180Section 4.  This act shall take effect July 1, 2026.
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