San Juan district debates excusing students for medical services without parental consent
A proposal to allow students in the San Juan Unified School District to be excused from school without parental consent for "confidential medical services" has stirred up a debate that's been playing out throughout the state.
The Pacific Justice Institute – a conservative legal nonprofit – is expected to square off against Planned Parenthood and the nonprofit National Center for Youth Law on the question of whether students in grades seven to 12 can leave campus for medical services that generally include abortions, acquiring birth control and treatment for sexual assault, drug and mental health issues.
Parents on both sides of the issue are expected to join in the fight at a Tuesday school board meeting.
"They are officially usurping parental authority," said Erline Applegate, the parent of a junior at El Camino High School. "Children, who are teenagers, in most cases do not have the sufficient knowledge or wisdom to make decisions at times" like these.
But those who argue in favor of confidentiality say they are protecting children.
"The great majority of children will involve their parents in such issues – reproductive health and mental health," said Rebecca Gudeman, senior attorney at the National Center for Youth Law. "It's the 25 percent we care about, in abusive households or in families that don't believe in mental health care."
San Juan trustees are considering changing their policy to bring San Juan into compliance with the state Education Code, said Trent Allen, district spokesman. The proposed policy change was recommended by attendance staff members after a routine review of district policies, Allen said.
But Pacific Justice Institute lawyers argue the word "may" in a section of the Education Code on parental notification gives school districts the option to decide whether students can leave campus without parental permission. A letter to the school board from the law group says local districts have the power to have the final say on the decision.
But Sharla Smith of the California Department of Education said state Education and Family codes are clear – "a minor is allowed to get confidential medical care from age 12 and above."
She said districts that fail to comply with the law could lose state funding.
"The latitude is in how they execute the policy, not whether they execute it," Smith said.
She said a California Accountability and Information System going online next year will automatically review the policies of school districts, making it easier for the department to find districts that are out of compliance on various policies.
The Pacific Justice Institute has successfully argued against similar policy changes in other districts, most recently claiming victory in Modesto, Fairfield-Suisun and San Diego, where school boards opted not to adopt policies allowing students to leave campus for "confidential medical services" without parental consent.
"This has been controversial all up and down the state," said Matthew McReynolds, a spokesman for the institute.
Despite the controversy, most local district policies reflect the Education Code, which was put in place in 1986. A poll of some of the area's largest districts – Elk Grove, Sacramento City, Twin Rivers and Natomas – shows that all have policies allowing students to leave for confidential medical appointments.
San Juan trustee Larry Masuoka said the district's current policy – in place since 1992 – allows some discretion for counselors and vice principals to release children without parental consent. "I don't feel entirely comfortable with this," he said.
Masuoka said he'd like to see the policy spell out when students can be released without parental consent.
"I've got to learn what the law is instructing us to do, and job two is to try to make a policy that follows the law and also is as family-friendly as possible," Masuoka said.
In a letter to San Juan school board members, Pacific Institute urges trustees to reject the proposal and to strengthen the current policy to ensure that students aren't released – absent an emergency – without parental consent.
"Should the board fear legal reprisals from special interest groups opposing the policy change, Pacific Justice Institute would be honored to work with district counsel to defend the current policy at no charge," states the letter.
SAN JUAN NOTIFICATION POLICY AT A GLANCE
Current district policy: Students should not be absent from school without their parents/guardians' knowledge or consent except in cases of medical emergency.
Proposed update: Students in grades K through 6 shall not be absent from school without their parents/guardians' knowledge or consent except in cases of medical emergency. Students in grades 7 through 12 shall not be absent from school without their parents/guardians' knowledge or consent except in the cases of medical emergency or confidential medical appointment.
What's next: Trustees will take up the issue Tuesday at 6:30 p.m. at district headquarters, 3738 Walnut Ave., Carmichael.
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