New Tennessee Law Sparks Confusion Among School Nurses and Counselors Over Student Care Regulations

Nashville, Tennessee – New Law Causes Confusion for School Nurses and Counselors

Tennessee schools have started the new academic year, but many school nurses and counselors are feeling uncertain about the impact of a new law that went into effect on July 1, 2024. This law is called the Families’ Rights and Responsibilities Act, and it significantly changes how school personnel are allowed to interact with students, particularly when it comes to delivering medical care.

Restrictions on Care

The law stipulates that school nurses can assist students in emergencies but must first contact a parent or guardian for non-emergency situations. Such situations include common issues like minor cuts, headaches, or the need for ice packs. Given the uncertainty surrounding the law, many educational professionals are concerned about their ability to help students effectively.

JC Bowman, Executive Director of the Professional Educators of Tennessee, voiced his concerns, stating, “It was poorly implemented.” He noted that school nurses are still waiting for guidance from the Tennessee Department of Education on how to navigate these new regulations. Most troubling is the potential risk for nurses who do not follow the law, as it states that they could face severe penalties, including the suspension or revocation of their license.

Challenges for Education Professionals

Bowman expressed that the situation may lead some educators to reconsider their careers. “I do think you are going to see more teachers rethink if they want to stay in this profession,” he said. This uncertainty may not only affect nurses but also other staff who may feel uncomfortable providing care without clear directives.

Responses from Education Leaders

The Tennessee Association of School Nurses released a statement regarding the impact of the new law. They pointed out that while emergency care can still be provided based on existing training and protocols, the law complicates non-emergency interventions. They suggested that lawmakers amend the legislation to allow for an opt-out option instead of requiring active parental consent for all non-emergency treatments.

Governor Bill Lee has indicated a willingness to consider changes to the law based on the feedback. He mentioned that adjustments to laws are common in the General Assembly, stating, “You see that happen a lot. There will be a law passed. The next year, there will be an adjustment made to that law.”

Current Practices in Schools

As it stands, schools are using consent forms for parents to allow school nurses to administer non-emergency care. The situation is further complicated by the fact that schools are currently interpreting the law differently, adding to the confusion among school officials.

The Tennessee Department of Education was also contacted for clarity regarding their implementation plans but has only issued limited guidance thus far. A representative from the department stated, “We are reviewing the law that passed and questions we have received from school districts to determine whether the department will issue general guidance on implementation.”

Concerns Over Guidance and Training

Bowman criticized the lack of guidance from the Department of Education, suggesting that clearer directives should have been provided before the law took effect. He believes this situation could have been mitigated if school personnel were better informed from the start. This has led to a sense of frustration among educators striving to do what is best for their students.

The potential liabilities have also been raised, and Bowman suggested that teachers should consider obtaining liability insurance to protect themselves amidst these new challenges. The education community is under pressure as they navigate the complexities introduced by this law, which changes the foundation of student care in schools.

Community Reactions

As the new school year progresses, parents, students, and staff will need to adjust to the changes brought by the Families’ Rights and Responsibilities Act. The decision for further legislative action will depend on ongoing conversations among education leaders, lawmakers, and the community.

Despite the hurdles, school personnel are dedicated to their students and are committed to finding ways to provide the best possible care under the new regulations. As more developments unfold, it remains to be seen how this law will evolve and shape the future of school healthcare in Tennessee.