New parent consent law has ‘unintended consequences’ for school nurses, English learners

As students head back to school, Gov. Bill Lee says changes may be needed as a new law he signed this year requires nurses get parents' consent before offering students bandages or ice packs, and teachers get parental consent before using voice recorders for start-of-year English language proficiency tests.

The state law passed this year aimed at protecting parents’ rights requires schools to obtain verbal or written consent from parents for many things, including before offering any type of nonemergency medical treatment or counseling, or making any kind of video or audio recording of a student. Providers who fail to get parental consent can have their licenses revoked or suspended, and the new law also empowers parents to sue.

As children return to school, school nurses and teachers of English learners in several counties are delaying services pending consent. Nurses are being directed not to provide nonemergency care to students at school without first obtaining parental consent.

Guidance sent to school nurses at Metro Nashville Public Schools requires them to check if parental consent is on file while talking through students' ailments with them. If a parental consent form is not on file, they will have to seek parental consent before offering any care. If a parent has marked "no" on the consent form, nurses will then have to attempt to get in touch with parents for nonurgent and potentially urgent matters.

"If it is determined that the student is well enough then the student can either contact the parent or ask the front office staff to call parent," the guidance reads, for cases where parents have declined consent.

"Do not delay care for anyone that could potentially become urgent or emergent. Document any attempts to obtain consent," it continues. "If called to any situation then ask that consent be verified while you are on your way."

Implications for English learners, medical care

Williamson County delayed start-of-year English language screeners because of the new requirement, according to an email sent to teachers prior to the beginning of school this week. Teachers of English learners are now working to get parents' consent before administering those proficiency tests — giving parents another task to complete at the start of the year.

“Tennessee law now requires parents to agree anytime the school records their child’s voice at school,” the Williamson County recording consent form reads. “This form asks for your agreement to voice record your child on the speaking part of this English test.”

If parents don’t consent, teachers have to meet with them to explain why the recording is necessity for the test.

Parents at Metro Nashville Public Schools are being asked to sign a new consent form seeking permission to offer nonemergent medical care such as “cleaning and bandaging minor cuts or abrasions, providing an ice pack, or managing illnesses and or injuries that can occur during a school day,” according to a copy of the form obtained by The Tennessean.

Matthew Peters, a spokesman for Nashville’s Metro Department of Health — which oversees the School Health Division — says the full extent of the law’s impact remains to be seen.

“Our team of talented school health nurses will continue to offer the best care to each student, in accordance with all state and federal laws,” Peters told The Tennessean in an email.

Earlier this year, the Tennessee Department of Health confirmed that due to the new law, public health clinics will no longer offer teenage patients routine care such as birth control, treatment of sexually transmitted infections or pregnancy tests without parental consent, the Tennessee Lookout first reported . Previously, teens 14 years old or above could access contraceptives and other primary health care services from public health clinics without approval from parents.

According to the bill’s supporters, the Family Rights and Responsibilities Act is aimed at protecting parental rights around choices in their children’s education, privacy, health care and religious decisions. The legislation was backed by the Christian legal nonprofit Alliance Defending Freedom, Moms for Liberty and the Tennessee Faith and Freedom Coalition. At least seven other states have passed similar laws.

“In Tennessee, we want parents to be fully informed of their child’s emergency and non-emergency situations at school,” sponsors Sen. Ferrell Haile, R-Gallatin, and Rep. Jeremy Faison, R-Cosby, said in a joint statement this week. “This law keeps parents in-the-know and ensures they are properly consulted.”

Lee expects lawmakers to consider changes next year

Asked about the new law’s unexpected impact on services to children this week, Gov. Lee said that he “fully supported” that law but told reporters he'd recently had a conversation with a school nurse who pointed out challenges that the new law presents.

“I said, 'You know what? We certainly will look at that. I’ll look at this with the sponsors of this law about particular unintended consequences possibly that go forward,'” Lee said. “I expect that there will be a look at changes, and the sponsors will be asked to review suggestions that people have. I’m sure they’ll look at it.”

Lee noted that "adjustments" to new laws are not uncommon.

“Anticipating every outcome is not always possible,” the governor added.

Shortly after Lee’s comments, Haile and Faison released a joint statement defending the law they sponsored.

“Parents love and know their child best, and this new law puts parents — not the government or government employees — in charge of making sure their child’s physical, emotional and medical needs are met,” they said. “The new law ensures kids are getting necessary emergency medical treatment at school and parents’ decision-making is also being fully respected in non-emergency situations.”

Parent group pushes back

At least one parent rights group is urging parents not to sign the new consent forms, alleging that doing so will sign away authority.

"Think twice before you sign a waiver from a school in Tennessee. Those waivers are not required to outline every single service provided in schools," the group Free YOUR Children posted on Facebook in response to the new law, adding in a separate post that the law "gives decision making power to government entities."

"Tennessee parents: IF you don’t want schools or government entities making decisions for your child, GET THEM OUT of public schools," the group warned.

The group advocated against the bill, which organizers decried as a "fake parental rights bill," at the state Capitol this year. Organizers also staunchly opposed Gov. Lee's school voucher proposal.

MNPS working to collect written parent consent forms

Peters confirmed that nurses will continue to respond immediately in any emergency situation.

“In more routine situations, parental/guardian consent will be needed. If a student in need of routine care does not have a signed general consent form, the nurse will work to reach their parent/guardian to establish verbal consent,” Peters said.

MNPS is working to distribute general consent forms to parents. School nurses will also have paper copies available to send home with students. The district also has a process to establish verbal consent if written consent is not on file.

Vivian Jones covers state government and politics for The Tennessean. Reach her at vjones@tennessean.com or on X at @Vivian_E_Jones.

This article originally appeared on Nashville Tennessean: New parent consent law has ‘unintended consequences’ for school nurses, English learners