Health Office Enforces Policy on Minor Confidentiality and Consent
January 24, 2020
The San Diego Unified School District provides certain health-related services to its students that include supplying condoms, enforcing policies regarding minor confidentiality and consent, and increasing access to sexual health information in school medical offices.
In 2004, Former California Attorney General Bill Lockyer stated that, “Schools must excuse minors during the school day for confidential minor medical care, and policies requiring parent consent and notification cannot be adopted” (youthlaw.org).
In California, girls of any age are able to access reproductive medical care such as contraception (birth control) and abortions all with confidentiality. According to Teen Health Law, an organization that specializes in legislation regarding adolesce, school personnel are not permitted to inform a legal guardian whether the student has left school or received services without the consent of the minor. Only the minor’s medical information, authorized by the signature of the minor, can be shared (teenhealthlaw.org).
Other services are limited to ages 12 and older: STD care (preventive care, diagnosis, treatment) as well as HIV/AIDS treatment is also confidential. In contrast, for Sexual Assault Services and Rape Services for Minors Under 12, “The healthcare provider must attempt to contact the minor’s parent/guardian” (teenhealthlaw.org).
If requested, at UC High, students have access to condoms in the health office. “I assume students know about this because it was in the welcome packet at the beginning of the year,” explained Principal Jeff Olivero. Information about the availability of contraception was also included in the district’s “Family Life” curriculum and during registration in the summer.
“This can cause conflict. Often, parents aren’t happy about the availability and distribution of condoms to their kids,” said Nurse Candace Kasperick.
Regarding availability, “At first, a nonprofit organization donated them to the school, but eventually, once supplies are depleted, the district will need to reevaluate the availability of condoms,” continued Kasperick.
According to article BP 5142.25(a) of the education code, “Availability of Condoms, they …shall be available…to individual secondary school students…a licensed health care professional shall be available to counsel students…students shall receive additional information…regarding the use of condoms and their effectiveness.”
“The services provided by the district are free, and students should always feel welcome to come in and ask for help in the health office if they ever need it,” stated Kasperick.