S 1136

Florida Senate - 2026  CS for SB 1136
By the Committee on Education Pre-K - 12; and Senator Calatayud
581-02035-26  20261136c1
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 the parental
11consent requirement does not apply to dental
12screenings; 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 subsection
17(2) of section 381.0056, Florida Statutes, are redesignated as
18paragraphs (b) through (g), respectively, a new paragraph (a) is
19added to that subsection, and paragraph (g) of subsection (5)
20and paragraph (e) of subsection (6) of that section are amended,
21to 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
26identifying obvious signs of dental disease or abnormality. The
27term does not include the diagnosis or treatment of a dental
28disease or abnormality or the use of instruments that penetrate
29tissue, and may not be construed as a comprehensive dental
30examination. A dental screening is not an invasive screening as
31defined in paragraph (d).
32(5) A nonpublic school may request to participate in the
33school health services program. A nonpublic school voluntarily
34participating in the school health services program shall:
35(g) At the beginning of each school year, inform parents or
36guardians in writing that their children who are students in the
37school will receive specified health services as provided for in
38the district health services plan. A student will be exempt from
39any of these services if his or her parent or guardian requests
40such exemption in writing. A dental screening that is part of
41the preventive dental program required under subparagraph
42(4)(a)5. may be provided to a student after the written notice
43required by this paragraph and a reasonable opportunity for the
44parent or guardian to request such exemption in writing. This
45paragraph may [shall] not be construed to authorize invasive
46screening; if there is a need for such procedure, the consent of
47the student’s parent or guardian must [shall] be obtained in
48writing before [prior to] performing the screening. However, the
49laws and rules relating to contagious or communicable diseases
50and sanitary matters may [shall] not be violated.
51(6) The district school board shall:
52(e) At the beginning of each school year, inform parents or
53guardians in writing that their children who are students in the
54district schools will receive specified health services as
55provided for in the district health services plan. A student
56will be exempt from any of these services if his or her parent
57or guardian requests such exemption in writing. A dental
58screening that is part of the preventive dental program required
59under subparagraph (4)(a)5. may be provided to a student after
60the written notice required by this paragraph and a reasonable
61opportunity for the parent or guardian to request such exemption
62in writing. This paragraph may [shall] not be construed to
63authorize invasive screening; if there is a need for such
64procedure, the consent of the student’s parent or guardian must
65[shall] be obtained in writing before [prior to] performing the
66screening. However, the laws and rules relating to contagious or
67communicable diseases and sanitary matters may [shall] not be
68violated.
69Section 2. Paragraph (c) of subsection (8) of section
701001.42, Florida Statutes, is amended to read:
711001.42 Powers and duties of district school board.—The
72district school board, acting as a board, shall exercise all
73powers and perform all duties listed below:
74(8) STUDENT WELFARE.—
75(c)1. In accordance with the rights of parents enumerated
76in ss. 1002.20 and 1014.04, adopt procedures for notifying a
77student’s parent if there is a change in the student’s services
78or monitoring related to the student’s mental, emotional, or
79physical health or well-being and the school’s ability to
80provide a safe and supportive learning environment for the
81student. The procedures must reinforce the fundamental right of
82parents to make decisions regarding the upbringing and control
83of their children by requiring school district personnel to
84encourage a student to discuss issues relating to his or her
85well-being with his or her parent or to facilitate discussion of
86the issue with the parent. The procedures may not prohibit
87parents from accessing any of their student’s education and
88health records created, maintained, or used by the school
89district, as required by s. 1002.22(2).
902. A school district may not adopt procedures or student
91support forms that prohibit school district personnel from
92notifying a parent about his or her student’s mental, emotional,
93or physical health or well-being, or a change in related
94services or monitoring, or that encourage or have the effect of
95encouraging a student to withhold from a parent such
96information. School district personnel may not discourage or
97prohibit parental notification of and involvement in critical
98decisions affecting a student’s mental, emotional, or physical
99health or well-being. This subparagraph does not prohibit a
100school district from adopting procedures that permit school
101personnel to withhold such information from a parent if a
102reasonably prudent person would believe that disclosure would
103result in abuse, abandonment, or neglect, as those terms are
104defined in s. 39.01.
1053. Classroom instruction by school personnel or third
106parties on sexual orientation or gender identity may not occur
107in prekindergarten through grade 8, except when required by ss.
1081003.42(2)(o)3. and 1003.46. If such instruction is provided in
109grades 9 through 12, the instruction must be age-appropriate or
110developmentally appropriate for students in accordance with
111state standards. This subparagraph applies to charter schools.
1124. Student support services training developed or provided
113by a school district to school district personnel must adhere to
114student services guidelines, standards, and frameworks
115established by the Department of Education.
1165. At the beginning of the school year, each school
117district shall notify parents of each health care service
118offered at their student’s school and the option to withhold
119consent or decline any specific service in accordance with s.
1201014.06. A dental screening, as defined in s. 381.0056, which is
121included in the preventive dental program listed in s.
122381.0056(4)(a)5. may be provided in accordance with s. 381.0056.
123Parental consent to a health care service does not waive the
124parent’s right to access his or her student’s educational or
125health records or to be notified about a change in his or her
126student’s services or monitoring as provided by this paragraph.
1276. Before administering a student well-being questionnaire
128or health screening form to a student in kindergarten through
129grade 3, the school district must provide the questionnaire or
130health screening form to the parent and obtain the permission of
131the parent.
1327. Each school district shall adopt procedures for a parent
133to notify the principal, or his or her designee, regarding
134concerns under this paragraph at his or her student’s school and
135the process for resolving those concerns within 7 calendar days
136after notification by the parent.
137a. At a minimum, the procedures must require that within 30
138days after notification by the parent that the concern remains
139unresolved, the school district must either resolve the concern
140or provide a statement of the reasons for not resolving the
141concern.
142b. If a concern is not resolved by the school district, a
143parent may:
144(I) Request the Commissioner of Education to appoint a
145special magistrate who is a member of The Florida Bar in good
146standing and who has at least 5 years’ experience in
147administrative law. The special magistrate shall determine facts
148relating to the dispute over the school district procedure or
149practice, consider information provided by the school district,
150and render a recommended decision for resolution to the State
151Board of Education within 30 days after receipt of the request
152by the parent. The State Board of Education must approve or
153reject the recommended decision at its next regularly scheduled
154meeting that is more than 7 calendar days and no more than 30
155days after the date the recommended decision is transmitted. The
156costs of the special magistrate shall be borne by the school
157district. The State Board of Education shall adopt rules,
158including forms, necessary to implement this subparagraph.
159(II) Bring an action against the school district to obtain
160a declaratory judgment that the school district procedure or
161practice violates this paragraph and seek injunctive relief. A
162court may award damages and shall award reasonable attorney fees
163and court costs to a parent who receives declaratory or
164injunctive relief.
165c. Each school district shall adopt and post on its website
166policies to notify parents of the procedures required under this
167subparagraph.
168d. Nothing contained in this subparagraph shall be
169construed to abridge or alter rights of action or remedies in
170equity already existing under the common law or general law.
171Section 3. Present subsection (5) of section 1014.06,
172Florida Statutes, is redesignated as subsection (6), and a new
173subsection (5) is added to that section, to read:
1741014.06 Parental consent for health care services.—
175(5)This section does not apply to a dental screening, as
176defined in s. 381.0056(2)(a), which is part of the preventive
177dental program required under s. 381.0056(4)(a)5. and provided
178in accordance with s. 381.0056.
179Section 4. This act shall take effect July 1, 2026.