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Old 07-17-2022, 02:38 PM   #78
miami_fan
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Join Date: Oct 2003
Location: Land O Lakes FL
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I've provided you some links/evidence to show that pregnancy & suicidal thoughts are not being reported (or at least consistently) to parents.

I have absolutely no issues in making these mandatory to report concerns to parents in a timely manner (e.g. 1 week) other than for the standard caveat of abuse, neglect, abandonment etc.

From the first link

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It is important to know your state laws around this topic (i.e., age of consent, issues around pregnancy decision-making, etc.) as well as your school board policies and community norms. Find out how or if the student has confirmed her pregnancy. Other issues to consider include whether the sex was consensual and the age difference of both parties. Understanding the student’s relationship with her parents/guardians will provide insights for how you might advise the student to tell her parents/guardians.

Exactly what I have seen most school staffs do. The second link is even better as it explains what blanket immediate notifications are not good ideas. This one part is telling.

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A districtwide parental notification policy is likely meant to protect the district from angry parents should they threaten to flex their legal muscles when not informed about their child’s pregnancy. Other proponents of such a policy hold the view that parental notification requirements will result in parents persuading their child to carry their baby to term when studies show the opposite appears to be true. One-fifth of minors whose pregnancy was revealed by a third party were forced by their parents to have an abortion, and more than 90 percent of the parents expressed the stance that an abortion is in their minor child’s best interest. Minors whose pregnancy was revealed by a third party were more likely to report physical violence between them and their parents or concerns that there might be such violence.


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In your example, I see no need to report student eating pork. I don't think the FL law says that is a requirement?

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The only situation that comes to mind is if the student is obviously upset, distressed, tore up about it because students are teasing him/her for it etc. then yes, teacher should consider reporting it.

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1. In accordance with the rights of parents enumerated
in ss. 1002.20 and 1014.04, adopt procedures for notifying a
student's parent if there is a change in the student's services
or monitoring related to the student's mental, emotional, or
physical health or well-being and the school's ability to
provide a safe and supportive learning environment for the
student. The procedures must reinforce the fundamental right of
parents to make decisions regarding the upbringing and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his or her well-being with his or her parent or to facilitate discussion of the issue with the parent.

An argument can be made that the parent made a decision about that student's upbringing that included the student will not eat pork. The law is all all about how the parents feel. So yes according to the law, the school should probably notify the parents if they think the parent might feel that the student's mental, emotional, or physical health or well-being has been compromised and if they believe that fundamental right of parents to make decisions for their children has been compromised. Finally, they have to encourage the student to discuss that with the parents since it was observed. If they don't, the parents can file a complaint and the school (and the tax payers) will need to defend itself. How the student feels about things does not seem to be relevant according to the law. If we are basing everything on if the student is okay with whatever, then the law is irrelevant. If the student is cool with whatever is going on, there is nothing to tell the parents even if they disagree. If the student is in distress, the school already has rules in place to deal with that.

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I think its perfectly reasonable to assume a default state in whether to report or not.

Also assume default state of someone (1) not suicidal (2) not pregnant (3) not physically unwell etc. No need to report those unless there is a specific reason. If you are concerned about being reprimanded or terminated because of this assumption, I'm pretty sure any reasonable jury will be on your side.

They are not computers. Also the point was not about whether they were suicidal, pregnant or physically unwell. It was about their sexual orientation. That is what my comment was about. An assumption of that and an assumption that is something the school gets to decide what the default is for a student is wrong.

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I've provided an example where a student coming out as LGBTQ does not need to be reported. And yes, there are other examples to. The context needs to be considered.

I will say if a student comes out to a teacher about being LGBTQ and is visible upset, distressed etc. then yes, teacher should understand the situation with student. But ultimately disclose to parents that student is really upset about this

So if the student is not, no need for notification? The law is not about looking out for the students. It is about the parents. There is no need to try to couch this as looking out for the kids.

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On your first sentence, yes there seems to be contradiction or ambiguity specific to pregnancy (and likely other situations also). Shouldn't this be clearly addressed then, provide some standardized baseline for what should be reported? That's ultimately what the FL law is proposing

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PARENT/GUARDIAN CONSENT EXCEPTIONS
A parent or legal guardian must provide consent on behalf of a minor (under age 18) before health care services are provided, with several important exceptions.
• Emergency care
• Care for independent minors
o Age 16 or older, living apart from parents and managing their own financial affairs; OR legally
married; OR minors who are prosecuted as an adult in the justice system and confined to a
correctional institution (except for abortion and sterilization procedures)
• Specific health care services related to:

 Sexual health  Mental health  Substance use treatmen
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Patients under 18 have the right to the following WITHOUT parent/guardian consent:
• Pregnancy testing, birth control information, and contraceptives only if:
o minor is married, pregnant, or a parent OR
o a physician determines probable health hazards would occur if services are not provided
• Medical and surgical care related to pregnancy
• Emergency contraception
• Testing and treatment for sexually transmitted infections/STIs (including HIV)
• Substance abuse treatment, including alcohol or drugs
• Outpatient mental health services (age 13 and above) if:
o Treatment may not exceed 2 visits during a 1-week period
o Does not include mental health medications and some types of therapy

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Patients under 18 have the right to the following WITHOUT parent/guardian consent:
• Pregnancy testing, birth control information, and contraceptives only if:
o minor is married, pregnant, or a parent OR
o a physician determines probable health hazards would occur if services are not provided
• Medical and surgical care related to pregnancy
• Emergency contraception
• Testing and treatment for sexually transmitted infections/STIs (including HIV)
• Substance abuse treatment, including alcohol or drugs
• Outpatient mental health services (age 13 and above) if:
o Treatment may not exceed 2 visits during a 1-week period
o Does not include mental health medications and some types of therapy

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HEALTH CARE PROVIDERS MUST OVERRIDE THE MINOR’S CONFIDENTIALITY AND REPORT IF:
• The minor is a risk to themselves or someone else
• There is suspicion of abuse or neglect
• Sexual activity occurred that was nonconsensual, without equality, or as a result of coercion
• The minor is under age 16 and has been sexually active with an adult over the age of 24

The reason I say it is confusing is I don't know whether a nurse for example is a medical provider or a part of the school staff. As the links show, trying to take a one size fits all approach on this is dangerous.

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On your second sentence, the scenario I was thinking of was student misses a couple periods, has a positive pregnancy test, talks to nurse/counselor. There is now 6-7 months before birth, there may be X months before she is obviously showing ... so yeah, I want to know pretty quick.

Would you trade knowing at the 2-3 month mark with the student getting good medical advice and encouragement to tell you before that timeframe for not knowing until she begins to show because she did not say anything to anyone because she does not want anyone to tell you and try to handle those first 2-4 months on her own? This law may not get you the information you are looking for any faster.
__________________
"The blind soldier fought for me in this war. The least I can do now is fight for him. I have eyes. He hasn’t. I have a voice on the radio, he hasn’t. I was born a white man. And until a colored man is a full citizen, like me, I haven’t the leisure to enjoy the freedom that colored man risked his life to maintain for me. I don’t own what I have until he owns an equal share of it. Until somebody beats me and blinds me, I am in his debt."- Orson Welles August 11, 1946
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