Houston-area school districts are working to interpret a new Texas law regarding parental consent for student healthcare services on campus, leaving 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.
Senate Bill 12, which took effect Sept 1, requires Texas public schools to take disciplinary action against employees who provide health services against the wishes of students' parents or guardians. The sprawling parental rights law also restricts diversity, equity and inclusion initiatives, sex education courses and school clubs.
Parts of the law indicate parents have the right to opt out of specific health-related services, while other sections indicate parents must provide prior consent for healthcare services. Psychiatric and psychological examinations or treatment require prior consent in most cases, according to the law, which states that "life-saving care" does not require consent.
Reports of nurses withholding basic care without completed consent forms, for fear of breaking the law, have begun to surface. KHOU reported that a Beaumont ISD student was sent home covered in his own vomit because staff said they could not help him without a parent's signature on a new consent form.
Last week, the bill's co-authors, state Rep. Jeff Leach (R-Plano) and state Sen. Brandon Creighton (R-Conroe), wrote a letter urging the Texas Education Agency (TEA) to release further guidance on how to implement the new law. Leach pushed back on complaints the law is confusing, posting to social media that employees should administer basic care and to "please use common sense."
On Monday, the TEA released new guidance and clarified "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." It also provided a model notice for schools to use where parents have to "opt out" of first-aid care.
The guidance came after several districts in the Houston area 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. At least one school district in the region, meanwhile, informed parents about the health-related services it provides while stating they could opt out of any of those services.
The current release forms on the websites for Conroe ISD and Cy-Fair ISD appear to indicate general care and first aid would not be administered without consent. However, in a statement to Houston Public Media, a Conroe ISD spokesperson said "[students] will receive care and screenings" even if a parent did not sign the form.
Katy ISD's release form guarantees a number for health-related services -- including first aid, emergency service and health screenings -- available to students without consent and asks parents to approve only psychological services, small group counseling and referrals to district mental health partners.
In a statement to Houston Public Media, Houston ISD said it provides families with clear information before the start of school and, in accordance with law, "school nurses may still provide incidental or emergency care without prior consent when necessary."
At a news conference Tuesday, HISD's chief of communications, Alexandra Elizondo, encouraged school nurses to reach out to the district's health and medical services department for the latest information.