Valley school districts impacted by new state law on how students receive medical care
A new state law is in effect that impacts how kids receive medical care at school. It now gives parents more of a say on how their child is taken care of.
Kids have been back in class at Point Isabel Independent School District for nearly a month. Last week, the Texas Education Agency issued new guidance for school districts after confusion on Senate Bill 12.
The law went into effect on September 1st. It requires schools to have written approval from parents before offering kids health related services.
Districts must notify parents of all services and allow them to opt out. They are also required to provide general care taking.
School nurses at Point Isabel ISD were caught off guard by the new guidance and the timing brought some challenges.
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Kids had already been registered for the year, meaning schools had to scramble to send consent forms home with students.
"In a sense, the cart came before the horse, because school was already starting. Most of the districts have their student registration up and running by that time, and we weren't able to get all the consents and everything together, approved and up on the student registration systems in time," Point Isabel ISD Registered Nurse Sheri Camacho said.
Without a signed consent form, nurses are limited on how they can treat kids.
If a student has a stomachache or sore throat, and the school doesn't have a consent form, the nurse must call a parent first or send the student back to class.
The TEA classifies health related services as anything short term and non-invasive, like first aid, counseling and mental and physical screenings and health care services as anything that involves medical treatment, medical procedures or dispensing medication.
Districts are required to take disciplinary action against any employee who provides services without consent.
Nurses say that while the new law aims to involve parents, it's also slowing down basic care.
Parents are asked to return the consent form, so their child can be seen without delay.
Counselors also now need a signed consent from a parent or guardian before talking to a student about anything other than academics. That includes things like bullying, stress grief or anxiety.
It's making it harder for staff to monitor a student's progress in class, that now also requires a parental consent form.
"It affects us as counselors because it not only requires us to notify parents, but to get written consent when providing certain services or monitoring of students," Point Isabel ISD Counselor Stephanie Zavaleta said.
Point Isabel ISD is reaching out to parents who declined to sign a consent form. They are making it clear what their function as school counselors is.
They don't act as therapists and cannot diagnose a student. A school counselor's role is to build skills and offer support, not treatment.
If a student is in danger, counselors are required to step in under Texas law, but for most issues, even something as simple as a check-in, requires a signed consent form.