Updated SB 12 Guidance: Required Parental Rights Form and Right to Health-Related Services Information

This correspondence serves to notify school systems that the Texas Education Agency (TEA) has updated the draft rule text and model notice in relation to Senate Bill (SB) 12, 89th Texas Legislature, Regular Session, 2025, originally communicated through the To the Administrator Addressed correspondence published on August 28, 2025.

TEA is issuing updated guidance related to SB 12 based on questions received from various stakeholders, and a Frequently Asked Questions (FAQ) document has also been started to address questions submitted to TEA. The FAQ will be updated as more questions are received.

Since the original guidance was released, school systems and parents have raised questions about which services related to a student’s health require active, informed consent and which services may be provided with assumed consent unless a parent officially withholds consent for a service.

To address this, TEA has updated its guidance to provide a distinct difference between health-related and health-care services. Health-related services require notification (either before or after service delivery), but consent is assumed to be provided absent a parent submitting notification of their withholding of consent. Health-care services, on the other hand, require parents to opt-in by providing active, informed consent before the service can be administered, absent emergency care situations.

As an example of what is further delineated, first aid, which can be considered a one-time treatment and potentially a few follow-up observations, could be provided by a medical or non-medical professional and does not otherwise involve medical care or the dispensing of medication, and is specifically defined as a health-related service (as opposed to a health-care service). It would not require active informed consent by a parent prior to administering to a student.  

Similarly, the concept of general caregiving has been defined and identified as neither a health-related service nor a health-care service, making clear that it should be provided regardless, as this practice has been well established by school personnel.

TEA plans to begin the rulemaking process to establish the required procedure described in the statute. TEA is sharing this draft of potential rule text, which has been updated as of September 8, 2025, to assist school systems in complying with the statute. This rule text is only considered to be draft text and may be edited between now and the time it is published as a proposed rule. At that time, TEA will follow the standard rulemaking process, which includes the opportunity for public comment.

TEA has also provided a model notice, also updated as of September 8, 2025, for school systems to share with parents and families.

Because of the need for further clarity that has been expressed to TEA regarding how school systems are implementing these sections of SB 12, especially for those school systems that have established a blanket opt-in requirement for all services, TEA expects those school systems to update their forms to align with this updated guidance and the original statute as quickly as is practical.

TEA encourages school systems to review all previously distributed forms and communication around these issues to ensure revisions are made as necessary to align with the updated guidance and they are written in parent friendly language to the maximum extent possible.

Additional questions may be submitted to 89th@tea.texas.gov.