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In the Military Health System (MHS), policies set forth by the Defense Health Agency at the Department of Defense restrict parents of children ages 13 to 17 (and the adolescents, themselves) from viewing online medical records on MHS Genesis. Parents can only view appointment information, secure messages, immunizations, and allergy information. In regard to paper copies, parents can ask for a copy of their adolescent’s medical records at a base clinic, but they must obtain their minor child’s permission to view any sensitive records.
Department of Defense Education Activity (DoDEA) schools have long suffered from a lack of transparency and accountability. This has led to questionable practices, such as the shuffling of poor performing teachers and administrators from school to school, and it has resulted in an explosion of DEI initiatives and content. Additionally, instead of serving on real school boards, parents are only guaranteed minimal input via School Advisory Committees (SAC) at the school level. The creation of advisory boards above the school level is optional for area administrators (who also would choose the board's members), except for the Dependents Education Council (DEC), which is the highest-level advisory board and is located at headquarters in Alexandria, Virginia; it is not open to parents and is closed to the public. The highly mobile nature of military families and the high turnover in the Office of the Undersecretary of Defense for Personnel and Readiness have created conditions that have allowed DoDEA administrators to have total control.
School choice is a popular concept among military families, but few decision makers understand that school choice OCONUS is a very different conversation from school choice CONUS. Each year, legislators introduce school choice legislation for domestic military families, but, curiously, it has not found a champion in the largest military family organizations. In fact, some have strongly opposed it.
In regard to OCONUS, the FY25 National Defense Authorization Act contained a House-passed pilot program to give overseas military families an education allowance that followed the same rules governing the State Department's education program that has given diplomats' kids full tuition to international schools since the 1950s. After fierce opposition from the National Education Association (NEA) and the American Federation of Teachers (AFT), and with deafening silence from the largest military family organizations, this provision was stripped out in the House conference with the Senate.
The FRRA restores parental rights as a “top-tier” right on par with freedom of speech and freedom of religion in federal law. It clarifies that fundamental rights protected include the right to direct the education, to direct the moral and religious upbringing, and “to access and review all medical records of the child and to make and consent to all physical and mental health care decisions for the child.”
For example, should a future presidential administration decide to reimplement the Biden Administration’s interpretation of Title IX regulations that redefined sex to include gender identity, and if this were used as justification by a DoDEA school (or any school that receives federal funding) to hide a child’s social gender transition or to include curricula or lessons that promoted gender theory, this law could provide standing for parents to challenge those actions.
Also, if DOD via MHS or DHA continues to prohibit parental access to adolescent minors’ online medical records in MHS Genesis, and/or if recipients of Tricare or Medicaid payments were to withhold medical information or assist children with a medical gender transition without parental consent, this law could provide parents with more assured legal recourse than they currently have. It also waives attorney fees that would normally make legal action cost prohibitive for many military families on a fixed income.
We are closely watching the NDAA and any provisions under the jurisdiction of the HASC Military Personnel Subcommittee and the SASC Personnel Subcommittee. It was disappointing that school choice was not revisited in this year's legislation. Here are some of the provisions pertinent to military families:
HASC's version:
(https://armedservices.house.gov/calendar/eventsingle.aspx?EventID=6222)
The SASC version:
Military Families in Support of Parental Rights
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