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Archive: SIECUS letter to Senator Jeffords on Tiahrt
Amendment
The Honorable James Jeffords
728 Hart Senate Office Building
Washington, DC 20510
June 7, 2001
Dear Senator Jeffords:
I am writing on behalf of the Sexuality Information and Education Council of the
United States (SIECUS) to express our concerns regarding a harmful amendment to
the Elementary and Secondary Education Act proposed by Representatives Todd
Tiahrt (R-KS) and Lindsey Graham (R-SC). SIECUS is a national, nonprofit
organization dedicated to affirming that sexuality is a natural and healthy part
of living.
The Tiahrt/ Graham amendment is two-fold: It would require written prior
parental consent for all minors seeking any non-emergency health service in a
school setting as well as require any federally funded agency or institution to
obtain written parental consent prior to distributing student surveys in schools
or other educational settings. These tenants would effectively isolate young
people from the healthcare services they need and stifle important school-based
research on sexual behavior, substance abuse, youth violence, and other critical
issues. The Tiahrt/ Graham amendment threatens young people’s health in the
following ways:
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It prevents young people from obtaining critical health services.
While most teens seek their parents’ advice and counsel when making
decisions about their healthcare, in some cases, open family communication
is not possible. This is particularly true regarding sensitive services such
as reproductive healthcare. School-based health centers and other
school-based medical personnel provide a confidential, safe place for young
people to receive essential health-care services, including contraception
and related counseling. Requiring parental consent before a minor could
access any health service or obtain healthcare in a school setting will mean
that minors will not seek the information they need to make informed
decisions about their health or be able to obtain necessary services,
particularly those designed to help them avoid HIV infection, STDs, and
unwanted pregnancy.
-
The amendment is contrary to the recommendations of major medical and
public health organizations, which support young people’s access to
confidential healthcare. Leading medical groups, including the American
Medical Association, the American College of Obstetricians and
Gynecologists, the American Academy of Pediatrics, the American Academy of
Family Physicians, the American Public Health Association, and the National
Medical Association oppose mandatory parental consent requirements for young
people to obtain family planning services.
-
The amendment is so broadly worded that it would discourage school
officials from offering routine, responsible guidance to young people. The
Tiahrt/Graham amendment denies funds to any educational agency or
institution that provides or "otherwise causes" a young person to
receive a health service. The meaning of "otherwise causes" is so
vague as to present serious constitutional concerns. Moreover, it is so
broad that it could discourage any counseling, referral, or assistance by
school nurses or other health professionals, guidance counselors, teachers,
or even principals from whom minors routinely seek advice. This language,
for example, could prohibit a school nurse from suggesting that a young
woman complaining of repeated bouts of morning nausea consult her family
physician. It could also bar a teacher from responding to a confidential
inquiry from a student about contraception and STD prevention by referring
him or her to a local public health clinic.
-
The Tiahrt/Graham amendment would undermine the integrity of important
research regarding youth and substance abuse, violence, or HIV/AIDS.
Young people who do not have written permission to participate in such
surveys are more likely to be of low socioeconomic status, members of
minority groups, and at risk. Any survey research that does not include a
representative sample cannot provide accurate information about the extent
of the problems young people face.
While we support efforts to encourage family involvement in adolescent
healthcare, we believe that mandated parental consent in some situations could
deter teens from seeking needed care and impede research that will potentially
improve adolescent health. We hope that you will consider the gravity of these
issues when deliberating over the Elementary and Secondary Education Act.
Please contact me at any time if you have further questions.
Sincerely,
William A. Smith
Director, Public Policy
SIECUS
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