When we send our kids to school, we expect them to receive a quality education and be well cared for during the day. For children with medical conditions that require medication or attention from the school nurse’s office, those expectations are probably even higher. A Texas grandmother claims her diabetic granddaughter, was refused care at school because she was missing a signature on a consent form. A new law is evidently wreaking havoc in school districts, potentially leading to serious consequences.
Lisa Sutter told KERA her granddaughter, Carmen, who has juvenile diabetes, came home from school recently with a strange story. The nurse at her school in the Carrollton-Farmers Branch Independent School District allegedly told the 7-year-old, who is 100% insulin-dependent, that she could not be in the office.
“She says there’s some form you have to sign because they wouldn’t let me stay in the nurse’s office today,” Sutter said. “And I’m like, what are you talking about?”
KERA reported the signed form is part of Texas Senate Bill 12, the state’s new education law. Even though the school district had Sutter’s signature on file, the new law required new signatures. Carmen needs insulin to manage her diabetes. Without it, she could die. According to Sutter, a permission slip from the district should be enough.
The infuriated grandmother took her concerns to the district’s September meeting. “We have a district that appears to have required denial of care until a form was signed,” she said. ”The over-lawyered interpretations are concerning.”
Sutter ultimately signed the permission slip to be on the safe side. But she made it clear to the school board she doesn’t fully understand it.
“I don’t think they’re using common sense, applying this for everyday stuff,” she said. She added, “I read the bill and based on everything I see, I don’t believe it covers Band-Aids and ice packs. I don’t believe it. Not one thing I saw in there tells me that.”
The law states health professionals in a school setting cannot give medical or mental health care without a parent or guardian’s permission. The bill’s language has caused confusion for families and fear in nursing staff who don’t want to break the law.
The National Association of School Nurses and the Texas Nurses Association issued a joint statement to lawmakers, requesting a review of the language to ensure clarity for everyone.
“School nurses are allies to parents, guardians, and communities. We respect and honor parental rights, and we also know from decades of experience that students’ health needs are immediate, unpredictable, and sometimes life-threatening,” the statement reads.
“The implementation of these new consent requirements has created unnecessary delays and significant risks for Texas students,” the statement continued. “Given this legal backdrop, it is important for parents to be aware of the limitations that have been placed on school nurses in the absence of parental consent.”
Jack Frazee, general counsel for the Texas Nurses Association, told KERA the confusion lies in the use of the terms health care services and health-related services. The two are completely different, though they sound alike.
“There are different requirements depending on whether you’re delivering a health care service or a health-related service,” he explained. “And it wasn’t always clear what services fell into which term.”
Giving an insulin injection or administering pills and handing a child an ice pack for a skinned knee are completely different things. But it seems the new law doesn’t make that clear. Hopefully, lawmakers can get this sorted out soon so nurses don’t live in fear of breaking the law, and kids continue to receive what they need from them while at school.
