THE BILL ITSELF
CS/HB 1091
Dental Screenings For K-12 Students
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A bill to be entitled
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An act relating to dental screenings for K-12
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students; amending s. 381.0056, F.S.; defining the
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term "dental screening"; authorizing dental screenings
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provided under the school health services program to
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be conducted after written notice and an opportunity
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for a parent or guardian to opt out; amending s.
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1001.42, F.S.; clarifying district school board parent
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notification requirements for dental screenings;
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amending s. 1014.06, F.S.; providing that specified
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parental consent requirements do not apply to certain
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dental screenings; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present paragraphs (a) through (f) of
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subsection (2) of section 381.0056, Florida Statutes, are
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redesignated as paragraphs (b) through (g), respectively, a new
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paragraph (a) is added to that subsection, and paragraph (g) of
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subsection (5) and paragraph (e) of subsection (6) of that
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section are amended, to read:
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381.0056 School health services program.—
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(2) As used in this section, the term:
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(a) "Dental screening" means a limited, noninvasive visual
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inspection of the mouth and oral cavity for the purpose of
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identifying obvious signs of dental disease or abnormality. The
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term does not include the diagnosis or treatment of a dental
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disease or abnormality or the use of instruments that penetrate
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tissue, and may not be construed as a comprehensive dental
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examination. A dental screening is not an invasive screening as
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defined in paragraph (d).
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(5) A nonpublic school may request to participate in the
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school health services program. A nonpublic school voluntarily
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participating in the school health services program shall:
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(g) At the beginning of each school year, inform parents
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or guardians in writing that their children who are students in
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the school will receive specified health services as provided
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for in the district health services plan. A student will be
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exempt from any of these services if his or her parent or
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guardian requests such exemption in writing. A dental screening
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that is part of the preventive dental program required under
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subparagraph (4)(a)5. may be provided to a student after the
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written notice required by this paragraph and a reasonable
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opportunity for the parent or guardian to request such exemption
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in writing. This paragraph may shall not be construed to
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authorize invasive screening; if there is a need for such
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procedure, the consent of the student's parent or guardian must
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shall be obtained in writing before prior to performing the
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screening. However, the laws and rules relating to contagious or
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communicable diseases and sanitary matters may shall not be
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violated.
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(6) The district school board shall:
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(e) At the beginning of each school year, inform parents
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or guardians in writing that their children who are students in
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the district schools will receive specified health services as
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provided for in the district health services plan. A student
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will be exempt from any of these services if his or her parent
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or guardian requests such exemption in writing. A dental
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screening that is part of the preventive dental program required
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under subparagraph (4)(a)5. may be provided to a student after
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the written notice required by this paragraph and a reasonable
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opportunity for the parent or guardian to request such exemption
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in writing. This paragraph may shall not be construed to
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authorize invasive screening; if there is a need for such
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procedure, the consent of the student's parent or guardian must
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shall be obtained in writing before prior to performing the
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screening. However, the laws and rules relating to contagious or
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communicable diseases and sanitary matters may shall not be
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violated.
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Section 2. Paragraph (c) of subsection (8) of section
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1001.42, Florida Statutes, is amended to read:
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1001.42 Powers and duties of district school board.—The
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district school board, acting as a board, shall exercise all
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powers and perform all duties listed below:
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(8) STUDENT WELFARE.—
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(c)1. In accordance with the rights of parents enumerated
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in ss. 1002.20 and 1014.04, adopt procedures for notifying a
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student's parent if there is a change in the student's services
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or monitoring related to the student's mental, emotional, or
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physical health or well-being and the school's ability to
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provide a safe and supportive learning environment for the
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student. The procedures must reinforce the fundamental right of
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parents to make decisions regarding the upbringing and control
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of their children by requiring school district personnel to
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encourage a student to discuss issues relating to his or her
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well-being with his or her parent or to facilitate discussion of
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the issue with the parent. The procedures may not prohibit
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parents from accessing any of their student's education and
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health records created, maintained, or used by the school
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district, as required by s. 1002.22(2).
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2. A school district may not adopt procedures or student
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support forms that prohibit school district personnel from
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notifying a parent about his or her student's mental, emotional,
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or physical health or well-being, or a change in related
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services or monitoring, or that encourage or have the effect of
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encouraging a student to withhold from a parent such
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information. School district personnel may not discourage or
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prohibit parental notification of and involvement in critical
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decisions affecting a student's mental, emotional, or physical
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health or well-being. This subparagraph does not prohibit a
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school district from adopting procedures that permit school
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personnel to withhold such information from a parent if a
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reasonably prudent person would believe that disclosure would
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result in abuse, abandonment, or neglect, as those terms are
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defined in s. 39.01.
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3. Classroom instruction by school personnel or third
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parties on sexual orientation or gender identity may not occur
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in prekindergarten through grade 8, except when required by ss.
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1003.42(2)(o)3. and 1003.46. If such instruction is provided in
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grades 9 through 12, the instruction must be age-appropriate or
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developmentally appropriate for students in accordance with
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state standards. This subparagraph applies to charter schools.
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4. Student support services training developed or provided
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by a school district to school district personnel must adhere to
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student services guidelines, standards, and frameworks
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established by the Department of Education.
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5. At the beginning of the school year, each school
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district shall notify parents of each health care service
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offered at their student's school and the option to withhold
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consent or decline any specific service in accordance with s.
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1014.06. A dental screening, as defined in s. 381.0056(2), which
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is included in the preventive dental program listed in s.
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381.0056(4)(a)5. may be provided in accordance with s. 381.0056.
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Parental consent to a health care service does not waive the
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parent's right to access his or her student's educational or
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health records or to be notified about a change in his or her
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student's services or monitoring as provided by this paragraph.
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6. Before administering a student well-being questionnaire
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or health screening form to a student in kindergarten through
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grade 3, the school district must provide the questionnaire or
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health screening form to the parent and obtain the permission of
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the parent.
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7. Each school district shall adopt procedures for a
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parent to notify the principal, or his or her designee,
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regarding concerns under this paragraph at his or her student's
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school and the process for resolving those concerns within 7
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calendar days after notification by the parent.
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a. At a minimum, the procedures must require that within
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30 days after notification by the parent that the concern
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remains unresolved, the school district must either resolve the
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concern or provide a statement of the reasons for not resolving
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the concern.
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b. If a concern is not resolved by the school district, a
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parent may:
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(I) Request the Commissioner of Education to appoint a
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special magistrate who is a member of The Florida Bar in good
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standing and who has at least 5 years' experience in
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administrative law. The special magistrate shall determine facts
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relating to the dispute over the school district procedure or
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practice, consider information provided by the school district,
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and render a recommended decision for resolution to the State
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Board of Education within 30 days after receipt of the request
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by the parent. The State Board of Education must approve or
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reject the recommended decision at its next regularly scheduled
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meeting that is more than 7 calendar days and no more than 30
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days after the date the recommended decision is transmitted. The
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costs of the special magistrate shall be borne by the school
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district. The State Board of Education shall adopt rules,
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including forms, necessary to implement this subparagraph.
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(II) Bring an action against the school district to obtain
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a declaratory judgment that the school district procedure or
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practice violates this paragraph and seek injunctive relief. A
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court may award damages and shall award reasonable attorney fees
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and court costs to a parent who receives declaratory or
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injunctive relief.
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c. Each school district shall adopt and post on its
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website policies to notify parents of the procedures required
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under this subparagraph.
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d. Nothing contained in this subparagraph shall be
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construed to abridge or alter rights of action or remedies in
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equity already existing under the common law or general law.
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Section 3. Present subsection (5) of section 1014.06,
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Florida Statutes, is redesignated as subsection (6), and a new
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subsection (5) is added to that section, to read:
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1014.06 Parental consent for health care services.—
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(5) This section does not apply to a dental screening, as
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defined in s. 381.0056(2), which is part of the preventive
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dental program required under s. 381.0056(4)(a)5. and provided
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in accordance with s. 381.0056.
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This act shall take effect July 1, 2026. Section 4.