San Juan keeps parental consent rule on ‘confidential medical services’
San Juan Unified School District board members voted 3 to 2 on Tuesday to preserve a policy requiring parental consent to excuse students for "confidential medical services" even though it could cause the district to lose state funding.
District staff proposed changing the policy after they discovered it doesn't reflect a state law that allows students in grades seven to 12 to leave campus for medical services that could include birth control, abortion, treatment for sexual assault, and drug and mental health issues.
After more than three hours of heated discussion, trustees voted not to change the policy.
California State Department of Education officials said Wednesday that some of the district's state funding could be in jeopardy.
"We take this situation very seriously when schools aren't in compliance with the educational code," said Sharla Smith, sexual health expert at the California Department of Education. "Students' health and well-being is our primary concern."
Smith said the department generally waits for a complaint before taking action against districts that are out of compliance with state education code, but the department may contact the district because staff is aware of the situation.
Representatives of the Pacific Justice Institute, a conservative nonprofit legal group, and the American Civil Liberties Union were among the more than 40 people who debated the issue.
Pacific Justice Institute representatives have argued that the word "may" in one section of the education code gives school districts the option to decide whether students may leave campus without parental permission.
School board member Larry Masuoka said Wednesday that he believes the district is not out of compliance with the law. "Look at the dictionary reference to the word may, it expresses permission," he said.
Board member Larry Miles voted to change the policy. Miles, an attorney, said legal opinions issued by two California attorneys general "suggests our policy needs to be updated."
Tina Jung, a spokeswoman for the the Department of Education said, "Sometimes they don't understand the gravity of the situation of noncompliance. Sometimes they think they can make a decision and that is that."
Board member Lucinda Luttgen voted to maintain the policy because, she said, she felt the issue was so confusing. She said she supports laws that allow minors to have confidential medical appointments, but is conflicted about whether they should have the right to leave school. She said the issue could be revisited later.
"I would have liked to abstain," she said.
Luttgen said she wasn't influenced by the large crowd at Tuesday's meeting. "It has nothing to do with the people who ranted and threatened last night," she said. "That type of boorish and uncivil behavior doesn't further their cause."
Masuoka cited a lack of lawsuits against other districts with similar policies as additional proof the district is operating within the law.
"Like Roseville. Why hasn't anyone brought them in?" Masuoka said. "Our policy has been in place since 1992, and there have been no lawsuits."
In 2005, the Roseville Joint Union High School District halted plans to change its policy after a public outcry.
San Juan joins a growing fraternity of school districts choosing to forgo the state mandate after being contacted by the Pacific Justice Institute, which bills itself as a legal defense organization specializing in the defense of religious freedom, parental rights and other civil liberties. The nonprofit has claimed victory in school districts in Modesto, Fairfield-Suisun and San Diego, where school boards decided not to change policy to allow students to leave campus for confidential medical services without parental consent.
The group contacted the San Juan board via letter prior to the meeting, asking members to reject the proposed change and strengthen their current policy. The letter also offered to defend them if the decision is challenged.