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Student Health Rights

California has some of the strongest laws in the United States that protects a student's right to accessing health care services, including, but not limited to, access to reproductive and sexual health services on a confidential basis.

How do doctors’ appointments work during school hours?

  • California law requires schools to excuse students for certain medical appointments, such as those listed below. Schools must keep information about your appointment confidential, even from parents. Your school must let you go to your appointment and cannot notify your parents or try to get their permission.

  • Your school can call the doctor or clinic to confirm you have an appointment and the appointment’s time (but cannot ask about the kind of care you are receiving). Your teachers must allow you to make up any missed assignments.

Access to birth control and contraceptives without parental permission

  • In California, students of any age have the right to access birth control (including emergency contraception), pregnancy testing and prenatal care, abortion services, and rape, abuse, or assault services confidentially and without anyone else’s permission.

Access to mental health services

  • If you are 12 years of age or older, you have the right to access mental health and drug or alcohol treatment, as well as prevention, testing, and treatment for sexually transmitted infections (STIs) and HIV/AIDS confidentially and without anyone else’s permission.​

Access to menstrual products free of charge

  • California public schools must provide free menstrual or period products—including both tampons and pads—at all times in at least half of the school’s bathrooms if they are a Title IX school. Evergreen Valley High School is a Title IX school. 

Will I be punished for not participating in school activities due to my period?

  • IT DEPENDS. California law says that students may be temporarily exempted from physical education classes if they are “ill or injured.” If you are seeking an excused absence from physical education classes or sports practices because of your period, you can provide a note from a doctor, parent, or guardian, or speak with your teacher or coach, specifying why you need to be excused. While school officials have discretion to grant or deny individual students’ requests to be excused, schools cannot discriminate against students on the basis of gender or gender identity. 

What if my teachers are punishing me because of my period?

  • If your school is punishing you because of your period or your need to access menstrual products, you can file a Title IX complaint with the federal Department of Education. Alternatively, you can file a written Uniform Complaint Procedure (“UCP”) discrimination complaint. Find out more about UCP complaints. Your school district must respond to your written complaint within 60 days. As always, make sure you keep a copy of your complaint for your records. 

Are there other resources that outline details about student health rights?

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Questions? Feel free to contact us here!

EVHS Wellness Center

3300 Quimby Rd.

San Jose, CA 95148

@cougarsupportden

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