Six FAQS
These six FAQS are an introduction to the issues surrounding confidential medical release. Find out why board members matter in confidential release, what Eric Seastrand really meant to do with AB 1541, and what some school district tell every student in grades 7 to 12.
Q1. Who decides whether my school has a confidential medical release policy?
A. The board members who oversee your public school district. They may be known as the board of education, governing board, or by another similar name. All board members are locally elected officials. These people are free to choose or reject a confidential medical release policy.
Q2. My district says it must offer confidential release. What does California state law say?
A. California Education Code §46010.1 says, “School authorities may excuse any pupil in grades 7 through 12 from the school for the purpose of obtaining confidential medical services without the consent of the pupil’s parent or guardian.” Notice that this says “schools authorities MAY.” In legal talk, “may” means permission. If this was a requirement, the law would say “shall.”
Q3. Is this what the California legislature wanted to accomplish when it passed AB 1541, the law on confidential medical release?
A. Legislative intent is clear: AB 1541 gives school districts the authority to decide, on a local basis, whether they will require parental consent. Eric Seastrand, who authored the existing state law, wanted to make sure that parents knew their children could be released from school without their knowledge. The legislature wanted to help parents. It was not taking away parental rights.
Q4. Does the district have any obligation toward parents, if it passes a confidential release policy?
A. Every district that passes a confidential medical release policy is required to issue notifications, at the beginning of each school year. It must notify parents. It will also notify every student in grades 7 through 12 that they can leave campus, without their parents knowing about it.
Q5. Does parental consent benefit students?
A. Studies show that children do better academically, if their parents are actively involved in their educations and lives. When schools release minors without informing parents, they act like parents are not essential to the child’s wellbeing. In exceptional cases, some parents are abusive, but school teachers and nurses are mandatory reporters in these cases. Usually, schools have no reason to suspect parents. Normal parents should be respected as capable and responsible adults.
Q6. Can my district pass a policy stating that it requires parental consent
A. Yes. Many districts have policies that require parental consent for students under age 18. These policies have been in place for decades, without any family-friend districts facing lawsuits for including parents. Once students reach age 18, however, parental consent is not required.
Q1. Who decides whether my school has a confidential medical release policy?
A. The board members who oversee your public school district. They may be known as the board of education, governing board, or by another similar name. All board members are locally elected officials. These people are free to choose or reject a confidential medical release policy.
Q2. My district says it must offer confidential release. What does California state law say?
A. California Education Code §46010.1 says, “School authorities may excuse any pupil in grades 7 through 12 from the school for the purpose of obtaining confidential medical services without the consent of the pupil’s parent or guardian.” Notice that this says “schools authorities MAY.” In legal talk, “may” means permission. If this was a requirement, the law would say “shall.”
Q3. Is this what the California legislature wanted to accomplish when it passed AB 1541, the law on confidential medical release?
A. Legislative intent is clear: AB 1541 gives school districts the authority to decide, on a local basis, whether they will require parental consent. Eric Seastrand, who authored the existing state law, wanted to make sure that parents knew their children could be released from school without their knowledge. The legislature wanted to help parents. It was not taking away parental rights.
Q4. Does the district have any obligation toward parents, if it passes a confidential release policy?
A. Every district that passes a confidential medical release policy is required to issue notifications, at the beginning of each school year. It must notify parents. It will also notify every student in grades 7 through 12 that they can leave campus, without their parents knowing about it.
Q5. Does parental consent benefit students?
A. Studies show that children do better academically, if their parents are actively involved in their educations and lives. When schools release minors without informing parents, they act like parents are not essential to the child’s wellbeing. In exceptional cases, some parents are abusive, but school teachers and nurses are mandatory reporters in these cases. Usually, schools have no reason to suspect parents. Normal parents should be respected as capable and responsible adults.
Q6. Can my district pass a policy stating that it requires parental consent
A. Yes. Many districts have policies that require parental consent for students under age 18. These policies have been in place for decades, without any family-friend districts facing lawsuits for including parents. Once students reach age 18, however, parental consent is not required.