Disclosure of and Liability for Non-Disclosure of Student Pregnancy or Abortion Related Information (K-12)

On December 29, 2011, the Office of the Attorney General (“AG”) issued an opinion in regards to the disclosure requirements and liability for School Counselors, and the employing District, in dealing with pregnancy and abortion related information. This is vital information for School Counselors, as the AG is attempting to clarify an issue that is not only of an intensely personal and sensitive nature, but also gives direction in an area where the law was not clear. In fact, your attorneys here at School and College Legal Services of California provided input to the AG as part of the development of the AG’s opinion. AG opinions are not given the full force of law, but the courts will consider the AG’s opinion if and when these issues arise in the court system. This Legal Update will summarize this issue through a question and answer format.