The American School Counselor Association (ASCA) condemns immigration enforcement practices that compromise the safety, stability and well being of students, families and school communities. ASCA urges federal, state and local leaders to uphold policies that protect all children and ensure families can participate fully in their schools and communities without fear.

Escalations in Immigration and Customs Enforcement (ICE) operations have caused widespread disruption in school communities. Sudden family separation, witnessing enforcement activity, or living with persistent fear of detention or deportation can constitute adverse childhood experiences with consequences that often follow students into adulthood.

More broadly, intensified immigration enforcement contributes to community instability, heightens barriers to learning and erodes trust between families and institutions tasked with supporting them. Students may experience disrupted attendance, declines in academic performance, or increased mental health concerns. Families may withdraw from school engagement, limit use of essential services or relocate abruptly. School counselors have reported increases in anxiety and distress among students when immigration enforcement rises in their communities.

School counselors play a critical role in fostering environments that are safe, supportive and conducive to learning. When enforcement actions undermine these conditions, educators and school counselors face greater challenges in ensuring equitable access to high-quality instruction, mental health supports and postsecondary opportunities.

Schools must remain welcoming spaces where all students — regardless of immigration status or family circumstances — can learn, grow and thrive. ASCA calls on policymakers to enact and enforce measures that safeguard children, uphold family unity and preserve the trust essential to effective education. Schools and school counselors must be empowered to focus on students’ academic, social/emotional and career development without the shadow of destabilizing external actions.

School counselors are eligible for the mental health loan repayment program per the legislation passed in SB646. This legislation has an effective date of September 1, 2025. The eligibility criteria specific to school counselors includes:

• The school counselor must be certified under Subchapter B, Chapter 21, and have earned at least a master’s degree related to counseling from any public or accredited private institution of higher education.

• The school counselor must be serving students in public school.

• The school district must be in a mental health professional shortage area. Click here to find out if the workplace/school district is located in a shortage area.

SB 12 requires TEA to “adopt a procedure for school districts to notify the parent of a student enrolled in the district regarding any change in services provided to or monitoring of the student related to the student’s mental, emotional, or physical health or well-being.” 

Note: This requirement also applies to open-enrollment charter schools.

To fulfill this requirement, TEA plans to begin the rulemaking process to establish this procedure. Due to the requirement in SB 12 for parents to be notified of health-related services at the beginning of the school year, along with their right to withhold consent for or decline a service, TEA is sharing this draft of potential rule text to assist school systems in complying with the statute. This rule text is only considered to be draft text and may be edited between now and the time it is published as a proposed rule. At that time, TEA will follow the standard rulemaking process, which includes the opportunity for public comment.

Before the first instructional day of each school year, each school system shall provide to parents written notice of each health-related service offered at the campus the student attends. The notice must include a statement of the parent’s right to withhold consent for or decline a health-related service.

Districts are reminded that Texas Education Code §26.009(d) provides for disciplinary action against employees who provide services without required parental consent. 

To assist school systems in complying with Section 17 of SB 12, TEA has developed a model notice for school systems to share with parents and families. While school systems are permitted to modify the language of this model notice, certain requirements must be met to satisfy statutory requirements.