Letter from the National Mental Health Association

June 12, 2001

The Honorable Edward Kennedy

428 Dirksen Senate Office Building

Washington, DC 20510

Dear Senator Kennedy:

On behalf of the National Mental Health Association and our 340 state and local Mental Health Association affiliates across the country, I would like to express our concern with provisions of H.R. 1, the Elementary and Secondary Education Act, inserted in accordance with an amendment offered by Rep. Tiahrt, relating to parental consent.

Pertinent elements of those provisions specify that no Federal funds may be made available under any program administered by the Secretary of Education to any educational agency or institution which (1) administers or provides a survey to a student (to include surveys of risk-behaviors), without the prior, informed written consent of the parent, or which (2) causes a student to undergo medical or mental health examination, testing, treatment, or immunization (other than in a medical emergency) without such parental consent.

While parental involvement in school-based activities is certainly a value to be encouraged, these provisions go unreasonably far in establishing mandates that seemingly overlook, and would clearly jeopardize, other important values. The authors of the House-adopted parental-consent mandates may not have appreciated the impact these policies would have on a wide range of public health issues affecting adolescents in this country, including smoking, alcohol and other substance abuse, sexually transmitted diseases, obesity, mental illness, violence and suicide. The provisions would almost assuredly diminish our ability to understand the scope of these risks and effective ways to combat them, and deprive us of the capability of measuring the progress, or lack of progress, in preventing high risk behaviors that result in illness and death.

Threatening schools with loss of Federal funding for actions which "cause" students to receive health examinations, testing or other interventions now permissible under state law without express parental consent would have grave implications for children’s health as well as for healthy schools. The imposition of forced parental involvement would understandably deter many students from seeking critically important health information or advice. Rather than ensuring parental participation in medical decisionmaking, it would likely discourage many young adolescents from seeking timely assistance. Moreover, the threat of loss of funding would surely have a chilling effect on school personnel that could discourage wholly appropriate dialogue – whether with a school nurse, guidance counselor, or teacher – that might "cause" students to getting needed counseling, referral to medical care, or other appropriate assistance.

Mandating, as a matter of Federal law and almost without exception, that schools ensure parental participation and consent over a sweepingly broad array of activities relating to student health would ultimately have deleterious consequences for what is surely a core family value, namely the well-being of our youngsters. Rather than adopting policies which would have the effect of distancing school personnel from communication with students, we should strive for a goal of encouraging open communication within families. Whether or not such a goal can be addressed through legislation, it certainly would not be achieved under the House-adopted parental consent amendment.

We urge that those provisions be rejected. If you have any questions or need more information about NMHA’s position please do not hesitate to contact me (703-838-7500) or Ralph Ibson, Vice President for Government Affairs (703-838-7502).

Thank you for your attention to this important matter and for your work in protecting the health and well-being of all of our nation’s children.