Attorney general weighs in on confidential medical services for students
Published: January 6, 2005
Acting on a request from the Solano County Office of Education, the attorney general’s office released an opinion Nov. 29 as to whether a school district can require a student to obtain written parental consent before being released for confidential medical services. The opinion concluded that a district may not adopt a policy requiring either parental consent or notification when a student leaves school to obtain such confidential medical services.
The opinion examined Education Code section 48205(a)(3), which allows a student to be excused for medical appointments. Because other subdivisions of that same section specifically require parent/guardian consent for other types of absences, the attorney general concluded that the legislative intent is to not require parental consent in order to excuse a student for the purpose of obtaining medical services.
The attorney general then turned to Education Code section 46010.1, which states that a board shall notify students in grades 7-12 and parents/guardians that school authorities may excuse students from school for the purpose of obtaining medical services. Some legal commentators have argued that the use of the word “may” grants school districts discretion to require parental consent before releasing a student for confidential medical services. The attorney general specifically rejected that interpretation and determined that the intent of that section is to notify parents that their child is legally allowed to be excused from school for confidential medical services without parental consent.
According to the attorney general, a district policy in which the district will notify a parent when a student leaves school for confidential medical services would violate state law because such a policy would be contrary to intent and purpose of the medical emancipating statutes.
CSBA’s sample board policy BP 5113: Absences and Excuses is consistent with the attorney general’s opinion. Attorney general opinions are not binding, but courts generally defer to them.
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