Senator Joey Hensley, MD

New law safeguards parental rights this school year

In the General Assembly this year we passed the Family Rights and Responsibilities Act which protects parents’ fundamental rights and responsibilities to make education, health care, moral and religious decisions for their child. As school starts back, it’s important for parents and schools to be aware of this law and understand how it affects students.

Parents love and know their child best, and this new law puts parents – not the government or government employees – in charge of making sure their child’s physical, emotional and medical needs are met. The new law ensures kids are getting necessary emergency medical treatment at school and parents’ decision-making is also being fully respected in non-emergency situations.

The new law ensures that in an emergency, any person – including a school nurse – can provide a child with emergency medical assistance, including applying a bandage or taking a child to the ER in the event of a serious injury at school. In non-emergency situations, the law simply requires that a doctor or nurse consult the parents first with a phone call, text or other contact method.

The law also allows schools to obtain consent at the start of the school year for non-emergency medical treatment during the year.

In Tennessee, we want parents to be fully informed of their child’s emergency and non-emergency situations at school. This law keeps parents in-the-know and ensures they are properly consulted.

Because parents should always be involved when their child is in a physical, psychological, or emotional crisis, the Family Rights and Responsibilities Act also applies to school counseling services. It ensures parents are consulted and involved if any non-emergency or emergency psychological issues are brought to the attention of a school counselor. However, the new law does not change the typical day-to-day duties of a school counselor. School counselors will still be available to listen to a student’s problems or concerns without parental consent.

Seven other states have laws like Tennessee’s that require parental consent for non-emergency medical services—Arizona, Florida, Idaho, Iowa, Montana, Oklahoma, and Texas. In those states, kids are getting emergency medical treatment when needed, and parent’s decision-making is also being fully respected in non-emergency situations.

Notifying parents of gender identity changes

Another law passed this year to protect parental rights and continue efforts to address gender identities of children in school. Senate Bill 1810, which I proudly co-sponsored, ensures parents are made aware if their child asks for accommodations in school to affirm their gender identity.

This builds on legislation passed last year, Senate Bill 466, which protects teachers from being disciplined, fired or held civilly liable when asked to use pronouns not consistent with a student’s biological gender.

Family Life Curriculum

Lawmakers passed a law that ensures topics related to sexual activity are prohibited from being taught to students in kindergarten through fifth grade as part of a family life curriculum. Previous Tennessee K-5 family life curriculum standards do not currently include information about sexual activity. This law is a proactive step to prevent that information from being included in the curriculum.

Increasing protections from bullying and cyberbullying

The Tennessee General Assembly passed legislation this year that classifies bullying and cyberbullying as a form of harassment. This new law enables law enforcement officers to make a report of these incidents and, in the case of a minor, notify the parent or legal guardian. The legislation helps protect students from bullying and cyberbullying and the escalation that can come from this type of harassment.

Contact Senator Hensley at

425 Rep. John Lewis Way N., Suite 742

Nashville TN 37243

615-741-3100

Toll Free 1-800-449-8366 ext. 13100

Fax 615-253-0231

855 Summertown Highway

Hohenwald TN 38462

Phone 931-796-2018

Cell Phone 931-212-8823

E-mail: [email protected]