TEA Guidance Eases Confusion Over SB 12

Senate Bill 12 (SB 12), a new Texas law regarding parental rights, went into effect Sept. 1, 2025.  The law includes broad requirements that schools obtain written parental consent before providing “health services” to students.

The law’s language has led to many school districts questioning whether teachers could ask how students were feeling or whether nurses could provide even the most basic non-emergency first aid care, such as a bandage, without active parental approval. 

This understandably led to parental upheaval, prompting legislators to request updated guidance from the Texas Education Agency (TEA). Released Sept. 11, this guidance includes an FAQ and a draft of proposed rules. Once these rules are finally adopted, districts may be more comfortable with a more moderate interpretation of the bill.

The Clarification: Two Categories of Health Services

The updated TEA guidance creates a clear distinction between two categories of services:

Health-related services

These are defined as non-invasive, short-term services provided by school staff, including school nurses, that promote student well-being or general caretaking.

Examples include:

• School counseling services related to mental or emotional health
• Nutrition health and education beyond what is taught through grade-level or course instruction
• Physical health screenings (e.g., scoliosis, vision)
• First aid
• Mental health screenings
• Social skills training
• Stress management
• Wellness promotion and education
• Opportunities for physical activity
• Emotional regulation activities
• Substance abuse prevention
• Suicide prevention
• Crisis prevention training
• Other services offered in alignment with decisions made by the local school health advisory council

The guidance clarifies that schools can operate on an “implied consent” or “opt-out” basis for these services. Parents are informed of these services but can withhold consent if they choose.

The proposed rules specifically define first aid and general caretaking and clarify that parental consent is not required for district personnel to inquire about a student’s daily or general well-being.

Health care services

These involve more intensive procedures, dispensing medication, or conducting medical or psychological assessments. Examples include services that would meet the definition of either psychological or psychiatric examination or testing or psychological or psychiatric treatment, as well as services that involve medical treatment, medical procedures, or dispensing medication. These services continue to require active, written parental consent (“opt-in”) before they can be administered. 

Although the proposed rules mentioned above are not yet finalized, we are hopeful they will be soon, allowing school districts to begin using them as a model for more reasonable employee-student interactions.

ATPE will continue monitoring TEA guidance and providing updates to keep you informed.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.