
by Victoria Manning
Restoration News has uncovered school districts across Virginia offering telehealth mental health therapy for children without parental permission. State lawย permitsย telehealth in schools, but requires parental consent and the adoption of school board policies on the topic. Federal law also prohibits the disclosure of private student information, but these laws are ignored in multiple districts.
Hazel Health is a third-party provider for mental health services for at least 13 school districts in Virginia. Freedom of Information Act (FOIA) requests to these districts reveal most are ignoring state telehealth laws. School boards are required to develop policies that include specific provisions of the law. They must also enter into a memorandum of understanding (MOU) with the provider in accordance with a model memo adopted by the state Education Department.
While school boards are not required to offer telehealth counseling, those that do must meet legal obligations. State law requires school board policies to include a provision for parental consent and to designate a private location in the school for students to receive counseling services.
The Family Education Rights and Privacy Act (FERPA) prohibits schools from disclosing personally identifiable information in student records. Yet multiple Virginia school districts are defying this law.
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