New Texas Law Causes Confusion Among School Nurses
Texas public schools are struggling to interpret a new law regarding parental consent for student healthcare services on campus. The law, which took effect on September 1, has left many school nurses concerned that even routine care, such as handing out bandages or ice packs, could put them at risk of violating the law.
What Does the Law Say?
The law, known as Senate Bill 12, requires Texas public schools to take disciplinary action against employees who provide health services against the wishes of students’ parents or guardians. It also restricts diversity, equity, and inclusion initiatives, sex education courses, and school clubs. The law indicates that parents have the right to opt out of specific health-related services, while other sections indicate that parents must provide prior consent for healthcare services.
Concerns Among School Nurses
Parts of the law are unclear, and school nurses are worried that they may be violating the law by providing basic care without completed consent forms. There have been reports of nurses withholding basic care without consent, such as a student being sent home covered in vomit because staff said they could not help him without a parent’s signature on a new consent form.
Guidance from Lawmakers
The bill’s co-authors, state Rep. Jeff Leach and state Sen. Brandon Creighton, have written a letter urging the Texas Education Agency (TEA) to release further guidance on how to implement the new law. Leach has also pushed back on complaints that the law is confusing, saying that employees should administer basic care and use common sense.
Clarification from the TEA
On Monday, the TEA released new guidance, clarifying that "general caretaking" is not considered health-related and that "first aid as a health-related service should be provided unless a parent has specifically notified the district of their choice to decline." The guidance also provided a model notice for schools to use where parents have to "opt out" of first-aid care.
Different Approaches from School Districts
Several districts in the Houston area have prepared their own release forms, some of which indicate that first aid and general care would not be given without the consent form signed and on file with the school. However, some districts, such as Conroe ISD, have stated that students will receive care and screenings even if a parent did not sign the form. Katy ISD’s release form guarantees a number of health-related services, including first aid, emergency service, and health screenings, available to students without consent.
What This Means for Students
The new law and its implementation have caused confusion among school nurses and districts. While some districts are taking a more cautious approach, others are ensuring that students receive basic care and screenings regardless of parental consent. Houston ISD has stated that school nurses may still provide incidental or emergency care without prior consent when necessary.
Conclusion
The new Texas law regarding parental consent for student healthcare services has caused confusion and concern among school nurses and districts. While lawmakers and the TEA have provided guidance, the implementation of the law remains unclear. As school districts continue to navigate the law, it is essential that they prioritize the health and well-being of their students, ensuring that they receive the care they need in a timely and effective manner.
