Dear editor,
The following was submitted to Georgia legislators.
Freedom in Education acknowledges HB 268’s intent to enhance student safety following the Apalachee High School tragedy but opposes the bill due to significant infringement on constitutionally protected parental rights, individual liberties, and medical ethics.
Key concerns include:
• Broadandsweepingscope:Thebillaffects22state laws and is NOT narrowly tailored to accomplish the compelling state interest of school safety.
• Makesseveralgovernmentagencies“legalcustodians” of potentially all students’ private information, data, records, and personally identifiable information: HB 268 redefines “education records” to include, among other things, “student financial information, health records, special education records, and psychological evaluations.”
• AmendsGeorgiaparents’BillofRights,further reducing rights of parents: The bill shifts certain parental rights to government officials.
• ViolatesFERPA:Givesgovernmentagenciesaccess to students’ data and records that are protected by the federal Family Education Records and Privacy Act (FERPA).
• ViolatesHIPAA:Hides“healthrecords”and “psychological evaluations” within the definition of “education records” to try to circumvent the Health Insurance Portability and Accountability Act (HIPAA), which is a federal law that protects patients’ health information and preempts state law.
HB 268 does not even address HIPAA.
• Violatesstateprivacylaws:Discloses“healthrecords” and “psychological evaluations” without regard to state laws protecting the privacy of medical records and state laws requiring communications between patients and mental health professionals to be confidential, unless there is a threat to the patient or others.
• EstablishesOfficeofSafeSchools:Thisnewentity will have broad authority that infringes on parental rights and creates a statewide “S3 Database” of personal information.
• Orwellian“individualsofconcern”profiling:The Office of Safe Schools can identify “individuals of concern” and access their data without parental consent, notice, or a right to appeal. All students can be considered as “individuals of concern.”
• Inappropriatementalhealthassessmentsand diagnosis: The Office of Safe Schools would have authority to conduct mental health assessments without parental consent and possibly provide treatment. Schools are not independent and therefore should not be performing mental health assessments nor treatment. This would be a violation of psychiatric ethics.
• Priorrestraint:Thebill’sprovisionscouldbeinterpreted as a prior restraint on free speech, which is generally disfavored in First Amendment law.
• Georgianeedstoenforcecurrentlaws:Thereare existing laws that need to be enforced.
Recommendations:
• Narrowlytailorthelegislation:Focusonspecific, targeted measures that align with the state’s compelling interest in school safety without infringing on parental rights, individual rights, and medical ethics.
• Enforceexistinglaws:UtilizecurrentGeorgialaws for managing situations where parents do not comply with requests from local school districts.
• Amendspecificprovisions:Modifysectionslike O.C.G.A. 20-2-766.1 to ensure compliance without expanding state authority over parental rights.
• Preserveparentalconsent:Ensurementalhealth assessments or treatments require parental consent.
Freedom in Education urges the Georgia State Legislature to abandon most of HB 268 as written or significantly reduce it to bolster existing laws without violating constitutional protections. The organization emphasizes that the bill, as written, is likely to face legal challenges due to its broad scope and potential violation of established parental rights precedents.
Unfortunately, HB 268 is rife with constitutional issues and is not the best use of taxpayer dollars.
If there is one overarching theme, it is that the proponents of HB 268 try to make the schools so safe that they are virtually prisons and the parents and students have very little liberty. That doesn’t send a healthy message to students and parents, either. Plus, in the hands of the wrong leadership, the S3 Database could be devastating. Therefore, we strongly urge you to abandon HB 268 and examine other options.
Respectfully, Melissa Jackson Freedom in Education President