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CS/HB 1091 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to dental screenings for K-12 2
students; amending s. 381.0056, F.S.; defining the 3
term "dental screening"; authorizing dental screenings 4
provided under the school health services program to 5
be conducted after written notice and an opportunity 6
for a parent or guardian to opt out; amending s. 7
1001.42, F.S.; clarifying district school board parent 8
notification requirements for dental screenings; 9
amending s. 1014.06, F.S.; providing that specified 10
parental consent requirements do not apply to certain 11
dental screenings; providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Present paragraphs (a) through (f) of 16
subsection (2) of section 381.0056, Florida Statutes, are 17
redesignated as paragraphs (b) through (g), respectively, a new 18
paragraph (a) is added to that subsection, and paragraph (g) of 19
subsection (5) and paragraph (e) of subsection (6) of that 20
section are amended, to read: 21
381.0056 School health services program.— 22
(2) As used in this section, the term: 23
(a) "Dental screening" means a limited, noninvasive visual 24
inspection of the mouth and oral cavity for the purpose of 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
identifying obvious signs of dental disease or abnormality. The 26
term does not include the diagnosis or treatment of a dental 27
disease or abnormality or the use of instruments that penetrate 28
tissue, and may not be construed as a comprehensive dental 29
examination. A dental screening is not an invasive screening as 30
defined in paragraph (d). 31
(5) A nonpublic school may request to participate in the 32
school health services program. A nonpublic school voluntarily 33
participating in the school health services program shall: 34
(g) At the beginning of each school year, inform parents 35
or guardians in writing that their children who are students in 36
the school will receive specified health services as provided 37
for in the district health services plan. A student will be 38
exempt from any of these services if his or her parent or 39
guardian requests such exemption in writing. A dental screening 40
that is part of the preventive dental program required under 41
subparagraph (4)(a)5. may be provided to a student after the 42
written notice required by this paragraph and a reasonable 43
opportunity for the parent or guardian to request such exemption 44
in writing. This paragraph may shall not be construed to 45
authorize invasive screening; if there is a need for such 46
procedure, the consent of the student's parent or guardian must 47
shall be obtained in writing before prior to performing the 48
screening. However, the laws and rules relating to contagious or 49
communicable diseases and sanitary matters may shall not be 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
violated. 51
(6) The district school board shall: 52
(e) At the beginning of each school year, inform parents 53
or guardians in writing that their children who are students in 54
the district schools will receive specified health services as 55
provided for in the district health services plan. A student 56
will be exempt from any of these services if his or her parent 57
or guardian requests such exemption in writing. A dental 58
screening that is part of the preventive dental program required 59
under subparagraph (4)(a)5. may be provided to a student after 60
the written notice required by this paragraph and a reasonable 61
opportunity for the parent or guardian to request such exemption 62
in writing. This paragraph may shall not be construed to 63
authorize invasive screening; if there is a need for such 64
procedure, the consent of the student's parent or guardian must 65
shall be obtained in writing before prior to performing the 66
screening. However, the laws and rules relating to contagious or 67
communicable diseases and sanitary matters may shall not be 68
violated. 69
Section 2. Paragraph (c) of subsection (8) of section 70
1001.42, Florida Statutes, is amended to read: 71
1001.42 Powers and duties of district school board.—The 72
district school board, acting as a board, shall exercise all 73
powers and perform all duties listed below: 74
(8) STUDENT WELFARE.— 75
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(c)1. In accordance with the rights of parents enumerated 76
in ss. 1002.20 and 1014.04, adopt procedures for notifying a 77
student's parent if there is a change in the student's services 78
or monitoring related to the student's mental, emotional, or 79
physical health or well-being and the school's ability to 80
provide a safe and supportive learning environment for the 81
student. The procedures must reinforce the fundamental right of 82
parents to make decisions regarding the upbringing and control 83
of their children by requiring school district personnel to 84
encourage a student to discuss issues relating to his or her 85
well-being with his or her parent or to facilitate discussion of 86
the issue with the parent. The procedures may not prohibit 87
parents from accessing any of their student's education and 88
health records created, maintained, or used by the school 89
district, as required by s. 1002.22(2). 90
2. A school district may not adopt procedures or student 91
support forms that prohibit school district personnel from 92
notifying a parent about his or her student's mental, emotional, 93
or physical health or well-being, or a change in related 94
services or monitoring, or that encourage or have the effect of 95
encouraging a student to withhold from a parent such 96
information. School district personnel may not discourage or 97
prohibit parental notification of and involvement in critical 98
decisions affecting a student's mental, emotional, or physical 99
health or well-being. This subparagraph does not prohibit a 100
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school district from adopting procedures that permit school 101
personnel to withhold such information from a parent if a 102
reasonably prudent person would believe that disclosure would 103
result in abuse, abandonment, or neglect, as those terms are 104
defined in s. 39.01. 105
3. Classroom instruction by school personnel or third 106
parties on sexual orientation or gender identity may not occur 107
in prekindergarten through grade 8, except when required by ss. 108
1003.42(2)(o)3. and 1003.46. If such instruction is provided in 109
grades 9 through 12, the instruction must be age-appropriate or 110
developmentally appropriate for students in accordance with 111
state standards. This subparagraph applies to charter schools. 112
4. Student support services training developed or provided 113
by a school district to school district personnel must adhere to 114
student services guidelines, standards, and frameworks 115
established by the Department of Education. 116
5. At the beginning of the school year, each school 117
district shall notify parents of each health care service 118
offered at their student's school and the option to withhold 119
consent or decline any specific service in accordance with s. 120
1014.06. A dental screening, as defined in s. 381.0056(2), which 121
is included in the preventive dental program listed in s. 122
381.0056(4)(a)5. may be provided in accordance with s. 381.0056. 123
Parental consent to a health care service does not waive the 124
parent's right to access his or her student's educational or 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
health records or to be notified about a change in his or her 126
student's services or monitoring as provided by this paragraph. 127
6. Before administering a student well-being questionnaire 128
or health screening form to a student in kindergarten through 129
grade 3, the school district must provide the questionnaire or 130
health screening form to the parent and obtain the permission of 131
the parent. 132
7. Each school district shall adopt procedures for a 133
parent to notify the principal, or his or her designee, 134
regarding concerns under this paragraph at his or her student's 135
school and the process for resolving those concerns within 7 136
calendar days after notification by the parent. 137
a. At a minimum, the procedures must require that within 138
30 days after notification by the parent that the concern 139
remains unresolved, the school district must either resolve the 140
concern or provide a statement of the reasons for not resolving 141
the concern. 142
b. If a concern is not resolved by the school district, a 143
parent may: 144
(I) Request the Commissioner of Education to appoint a 145
special magistrate who is a member of The Florida Bar in good 146
standing and who has at least 5 years' experience in 147
administrative law. The special magistrate shall determine facts 148
relating to the dispute over the school district procedure or 149
practice, consider information provided by the school district, 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and render a recommended decision for resolution to the State 151
Board of Education within 30 days after receipt of the request 152
by the parent. The State Board of Education must approve or 153
reject the recommended decision at its next regularly scheduled 154
meeting that is more than 7 calendar days and no more than 30 155
days after the date the recommended decision is transmitted. The 156
costs of the special magistrate shall be borne by the school 157
district. The State Board of Education shall adopt rules, 158
including forms, necessary to implement this subparagraph. 159
(II) Bring an action against the school district to obtain 160
a declaratory judgment that the school district procedure or 161
practice violates this paragraph and seek injunctive relief. A 162
court may award damages and shall award reasonable attorney fees 163
and court costs to a parent who receives declaratory or 164
injunctive relief. 165
c. Each school district shall adopt and post on its 166
website policies to notify parents of the procedures required 167
under this subparagraph. 168
d. Nothing contained in this subparagraph shall be 169
construed to abridge or alter rights of action or remedies in 170
equity already existing under the common law or general law. 171
Section 3. Present subsection (5) of section 1014.06, 172
Florida Statutes, is redesignated as subsection (6), and a new 173
subsection (5) is added to that section, to read: 174
1014.06 Parental consent for health care services.— 175
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(5) This section does not apply to a dental screening, as 176
defined in s. 381.0056(2), which is part of the preventive 177
dental program required under s. 381.0056(4)(a)5. and provided 178
in accordance with s. 381.0056. 179
Section 4. This act shall take effect July 1, 2026. 180