Senate Bill 242 Draws Controversy: Should Parents Get Full Rights To Children's Mental Health Records With School Counselors?

A proposed government bill filed by a Texas senator is causing a stir in the education community. Filed by Sen. Konni Burton, the bill seeks to give parents full rights to information and public records about their child, should they request this from the school.

Senate Bill 242, which was filed in early December, outlines the specifics that include divulging basic information like grades, attendance records, health and immunization. But it also includes "other records relating to the child's general physical, psychological, or emotional well-being."

The bill also specifies grounds for discipline should the school or any of its staff members withhold the information from the students' parents. CBS reports that the bill was filed after recognizing a need for "new guidelines about transgender students." It sprung from issues in the Fort Worth school district.

The worry is that giving parents full rights might put LGBT children at risk, especially if they have yet to come out to their parents, Kera News reports. Equality Texas advocate Chuck Smith believes that such sensitive information might have grave consequences. What if the students are afraid to disclose for fear of abuse or being kicked out of the house by their parents? The Williams Institute reports that of the homeless minors, 40 percent are LGBT.

Abby Schachter of the National Review criticized the senate bill. She cites that while legislation exists to balance the rights of its constituents, some laws that have been enacted are intervening and pervasive in the private lives of American families. These laws don't provide for best practices in looking out for the welfare of the children. In fact, it's the children who suffer from the implementation of the legislation that is supposed to protect them.

In another report on NPR, however, some school officials believe that when a student is prone to self-harm or suicide, then alerting the parents is the most prudent move. The proposed bill could be helpful in this case. "Privacy and confidentiality go out the window," American School Counselor Association Carolyn Stone said in the report that discusses how schools monitor students' activities with GoGuardian software.

"It sounds like a very good idea to err on the side of caution when it comes to student suicide," Stone added. She cautions, however, that lines could be easily crossed. "It's a slippery slope," she said.

Where do you side with this issue? Are you in favor of full rights or should the government leave this alone?

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