California Education Code 46010.1 Parental Notification

By Alan Gallagher

Get The Facts First! Know Where Your Child Is

A. Yes. While school districts are authorized to release students in grades 7-12 for confidential medical services without parental consent, they are not compelled to release students for this reason. Moreover, if school districts do opt to release students for these medical services without parental consent, parents must be notified at the beginning of the school year that their children might be released. See California Education Code 46010.1

Q. May school districts enact a policy stating that they won't release students for confidential medical services unless there is parental consent?

A. Yes. The California Education Code, cited above, states that "school authorities may excuse any pupil from the school district for the purpose of obtaining confidential medical services," [Emphasis supplied] It does not require the school districts to excuse students who wish to leave campus for medical services. Existing law affords individual school districts the prerogative of deciding whether or not they will release students without parental consent.

Q. What does legislative intent tell us about the purpose of the existing law?

A. Legislative intent is very clear. Whether or not minor students are released for confidential medical services without parental consent is a matter of local control. It is up to individual school districts to decide if they will require parental consent before releasing students. Eric Seastrand is the author of the exisiting law, cited above. The reason he introduced the current law was to make certain that parents knew their children might be released from school IF that was their school district's specific chosen policy. It was never the intent of the legislature to take away parental rights-only to ensure that parents are informed about their district's policy.

Q. If a school district enacts a policy requiring parental consent before students are released from campus, does this violate the minor's right to seek confidential medical services?

A. No. A minor is perfectly free to continue to seek confidential medical services after school hours. Requiring parental consent before minors are allowed to leave campus is simply an issue of parental rights. It will give parents the security of knowing that when they drop off their children at school, their children will remain at school until they are picked up at the end of the day. It also includes parents in the guidance process of their children if their children desire to leave campus during school hours. If parents are not notified their children wish to seek medical services during school hours, this gives school personnel priority in influencing school children with their own set of values which may be contrary to the parents' values.

Q. What about conflicting legal opinion?

A. There are legal opinions on both sides of this issue. It should be noted that there has never been litigation concerning parental notification requirements when children are released from school campus for confidential medical services, even though several school districts have had parent-friendly policies for over a decade. Legal briefs that oppose parental notification only touch upon lateral issues, such as a minor's right to receive confidential medical services in general-which is not disputed here. In deciding this issue, the courts will look at the Education Code which states that school districts "may" release students for confidential medical services without parental consent, but does not obligate them to do so. The courts will also look at legislative intent which clearly indicates the individual school districts may require parental consent as a matter of local control.

Q. What types of "confidential medical services," may a student seek off campus?

A. The sky is the limit. The student may seek any type of confidential medical services including, but not limited to, drug therapy, an abortion etc. The student is also free to state that he/she is leaving campus for "confidential medical services" and then proceed to loiter the streets etc.

Q. What other school districts have enacted policies that require parental consent before minors are released from school campus?

A. There are numerous other school districts and several county offices of education, approximately 30 that have been discovered thus far, that have enacted policies requiring parental consent before minors are released from school campus for any reason, including confidential medical services. These school districts include West Covina, Colton,Capistrano, Menlo Park City, Palermo, Tulare, Union, Escondido, Poway, Fruitvale, Garden Grove, and most recently Roseville. The county offices of education include San Diego, and El Dorado. Capitol Resource Institute is discovering more parent-friendly policies every day simply by using an Internet search engine.

Q. What is the best policy for a school district to enact an order to limit is legal liability?

A. Requiring parental consent before students are released from campus for any reason. If a school allows a pupil to leave campus, it opens itself up to extensive liability. If a parent does not consent to their child's release, let alone even know where their child is leaving the school premises, the parent will not be liable for any personal or property injuries that result from the child's trip off campus. The school will be primarily liable. This is a dangerous position for the school. In fact, in 1992 West Covina enacted a parental consent policy in response to being threatened with a lawsuit by a parent whose child was taken off campus without her knowledge or consent. In order to protect itself, school districts should always require parental consent before a mino is allowed off campus for any reason.

Q. Is it good policy to require parental consent before releasing a minor from campus for confidential medical services?

A. Yes. Studies show us that children do well academically, and in other areas, when their parents are active and involved in their education and life. School districts should encourage communiation between parents and their minor children. When schools release students withou informing their parents, they are asserting that parents are not important or essential to the well-being of the child. Although there are parents out there who are not exemplary parents, this is the exception rather than the rule. Policy should be based on the general rule-not the exception. School should not punish or discourage parents. Schools should not enact policies that infringe upon parental rights.