Mental Health Counseling and Parent Notification

Mental Health Counseling and Parent Notification

Mental Health Counseling and Parent Notification

For many LGBTQ+ students, access to school-based mental health support can be life-changing. A trusted counselor can offer a safe place to talk about identity, relationships, family challenges, or the everyday stress of school. But in Florida, recent laws and district policies have created confusion and fear about how private those conversations really are.

What the Law Says About Parental Rights

Florida’s Parents’ Bill of Rights (HB 241, 2021; Ch. 1014, F.S.) gives parents broad authority over decisions affecting their child’s upbringing, education, and health care. It requires school districts to promote parental involvement and allows parents to access their child’s educational and health records.

The Parental Rights in Education Act (HB 1557, 2022; § 1001.42(8)(c), F.S.)—later expanded by HB 1069, 2023; § 1000.071, F.S.—requires that schools notify parents about certain changes in a student’s mental, emotional, or physical well-being and prohibits staff from discouraging parental involvement. HB 1069 also added restrictions on pronoun use and expanded the ban on classroom instruction on sexual orientation or gender identity to additional grade levels.

These laws do not require counselors to automatically disclose a student’s sexual orientation or gender identity unless there is a documented safety concern. However, district-level procedures in Miami-Dade, Broward, and Palm Beach have been shaped by these laws, resulting in more cautious approaches to mental health counseling and disclosure.

How District Policies Apply:

Miami-Dade County Public Schools

• Board Policy 2410.01 – Mental Health Services outlines the district’s responsibilities under state law, including offering community referrals and delivering services through a Multi-Tiered System of Supports (MTSS).

• Threat Assessment & Mental Health Services Guide for School Administrators details when and how parental consent is required for referrals, and how confidentiality applies in short-term counseling.

Broward County Public Schools

• Policy 1480 – School Counseling Records and FERPA Protections explains how counseling and psychological records are protected under FERPA and Florida law.

• Family Counseling Program provides free, confidential short-term counseling for students and families, with parental consent required for ongoing services or outside referrals.

Palm Beach County Public Schools

• Palm Beach’s Mental Health Assistance Allocation Plan outlines a Multi-Tiered System of Supports (MTSS) for student mental health, including school-based mental health professionals, co-located clinicians from community providers, and crisis intervention teams. The plan states that parent or guardian involvement is encouraged, but services may begin with student self-referral and initial confidential support, especially when safety is not an immediate concern. Official record changes, such as legal names, still require parental approval under state law.

What the Law Still Allows

Across all three counties, there is no statewide or district policy requiring immediate parental notification for every counseling session. A student can speak with a school counselor without automatic disclosure, unless the counselor believes the student is at risk of harm. Both Florida’s School Counseling Framework and the American School Counselor Association (ASCA) standards recognize student confidentiality as critical for effective care.

What Students and Parents Should Know

• Students: You have the right to request mental health support at school. Before your session, ask your counselor about confidentiality and what information may be shared. If you feel unsafe at home, make that clear—it may help protect your privacy.

• Parents: You have the right to be informed about significant changes affecting your child’s well-being, but not every conversation they have. Building trust helps ensure your child seeks help both at school and at home.

• Educators and Counselors: Know your district’s policies, state laws, and ethical codes. When uncertain, consult your legal department and follow professional counseling standards.

Why This Matters Mental health support saves lives. LGBTQ+ students are more likely to experience anxiety, depression, and suicidal thoughts—not because of who they are, but because of the hostility and isolation they face. Limiting confidential support only increases these risks.

At a time when public policy is shifting, PRISM believes that Miami-Dade, Broward, and Palm Beach schools still have a duty to support students with care, integrity, and adherence to both the law and professional ethics. We are here to help students, parents, and school staff understand their rights and navigate these rules without fear.