Ohio bill could mandate sharing student info even if teachers suspect parental abuse

Ohio teachers would be required to share health information about students − even if they suspected it would result in parental abuse or neglect − if an amendment added to an education bill Tuesday becomes law.

The change to House Bill 8, known as the Parents' Bill of Rights, eliminated staff discretion to withhold information about a student's mental, emotional or physical health if a "reasonably prudent" person would conclude that such disclosures could result in abuse, abandonment or neglect.

"The bill sponsor believes that the parent has a right to know this information," Rep. Adam Bird, R-New Richmond, said. "Teachers should not have the right to withhold information from parents. That the parent is responsible for raising the child."

Bird, who is a former school superintendent, added that all teachers and school staff are already mandatory reporters for abuse and suspected abuse.

"If a teacher decides there is suspected abuse in the home, they have to report it to children's protective services," he said.

What he and his fellow Republicans on the House Primary and Secondary Education Committee don't want educators to do is withhold health information or potential treatments.

When asked whether that might mean informing a parent about alleged sexual abuse by that parent, Bird reiterated the requirement to report those allegations to authorities.

"The intent of the bill is that you are in constant contact with a parent over issues that a parent might feel is important to them over the raising of the child," Bird said.

Democrats and education advocates are not sure that removing teacher discretion is a good idea.

"The safety and well-being of our students is our first priority," Ohio Education Association President Scott DiMauro said. "It is concerning that language intended to protect students from potential abuse would be removed from this bill."

Rep. Sean Brennan, D-Parma, who taught in public schools for three decades, said he was "having a hard time with that part of this."

"There are parents whose kids I've taught over the years who I was deathly afraid to tell them certain things," Brennan said.

For example, he would punish a student for acting out in class in ways that didn't include detention out of concern that "they might come back the next day with bruises on their arms."

Bird said HB 8 doesn't mandate disclosures about disciplinary actions.

"The bill protects a parent’s ability to direct their child’s physical and mental health," bill sponsor Rep. D.J. Swearingen, R-Huron, said when he gave sponsor testimony in March. "In HB 8, the school district is prohibited from keeping changes in the health of the student from their parent, and the school district is also prohibited from encouraging the student to hide these issues from their parents."

Swearingen did not immediately respond to a request for comment about whether he would still support that premise without the discretionary clause.

LGBTQ+ groups were also concerned about the decision to remove the discretionary language because they interpreted the change to mean children could be outed to parents who might mistreat them.

“Considering that many LGBTQ+ youth are facing alarming rates of bullying and harassment in our state, the risk of a child having to go home to an unsupportive home remains high," Equality Ohio Policy Director Maria Bruno said. "If the new language of HB 8 has the effect of prioritizing parents’ feelings over the well being of children while putting the physical safety of kids at risk, we obviously have serious concerns. Kids are their own people, too, and they deserve safety and respect.”

Anna Staver is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

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This article originally appeared on The Columbus Dispatch: Ohio parents' bill of rights would mandate sharing info with parents