During the 89th Regular Legislative Session, SB 12 (Sen. Creighton/Sp: Rep. Jeff Leach) passed with the goal of strengthening parental rights in education. Included in the bill were provisions requiring that schools obtain written consent before administering medical or mental health services, screenings, surveys, questionnaires and “check-ins”. After the bill went into effect on September 1, parents across the state began receiving emails from school administrators directing them to complete newly designed consent forms. Almost immediately, TFVC began fielding emails, phone calls and texts from supporters who were concerned about the language in these forms.
What we have since discovered is that the content of these consent forms varies widely throughout Texas districts. But one common thread is that schools seem to be taking an all-or-nothing approach. In Round Rock ISD in Central Texas, where only digital forms were offered, parents must consent to all manner of medical services – including “mental health support”, “annual state-mandated health screenings”, “collaboration with…physicians” and acute care (attending to scrapes, nausea, bug bites, etc.) – or none at all. The second section of the RRISD consent form lists a litany of “counseling and mental health services” offered which span the spectrum from postsecondary guidance to mental health interventions to “screenings, questionnaires and additional mental health care”, and parents must opt-in to all of them or their child will receive none. Arlington ISD’s form encourages parents to allow treatment and prevention of “communicable diseases”, going so far as to mention the exclusion of students during outbreaks.
By and large, most ISDs have completely distorted the letter and spirit of the law, and these forms are yet another stark reminder that public schools have a long tradition of assuming complete and total control of your child’s welfare when they are on school grounds, and parents must remain vigilant in order to protect the rights granted to them by our Creator and our Constitution, and underscored in state statute. TFVC believes it is incumbent upon each parent to empower themselves and stand firm when faced with school administrators and nurses who may mislead or attempt to coerce parents into consenting on the school district’s terms.
Fortunately, the bill author and sponsor officially called on Texas Education Commissioner Mike Morath to develop “consistent and clear guidance” for school districts to follow. Subsequently, the TEA posted these SB 12 FAQs on the agency website, which includes proposed rules “to provide guidance for SB 12”. Agency rules changes are typically adopted within two to four weeks after posting.
In the meantime, what can you do?*
If your district is providing you with a digital-only option, copy and paste the verbiage from the form onto your own document and strike through services that you do not want to be provided to your child. If you are given a physical document to sign, make similar necessary changes.
With regard to any mention of state-mandated health screenings, you can opt out of these individually. Find out how by using our primer. Additionally, if you are concerned about your child being given a vaccine under the guise of “life-saving care,” make sure to specifically write that you do not consent to the administration of immunizations under the direction of the school or anyone providing care to your child on behalf of the school.
When you sign this document, make sure you are explicit about what you are consenting to. If there is verbiage above the signature line stating “I do hereby consent (opt-in) to all campus-based health-related services”, cross out and add certain language to make it clear that you are only opting in to the services that you haven’t crossed out. For instance, “I do hereby consent (opt-in) to only those campus-based health-related services that are not stricken above”.
Before handing the form over to school administrators, make a copy of it for your records. But nothing will take the place of communicating to your child what they should and should not be receiving at school. It might also be beneficial to include the TEA form which lists all parental rights in education, as well as the TEA FAQs linked above.
*This information is for general purposes only and does not constitute legal advice.
