TITLE: Relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by a school district employee.

SUMMARY: Relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by a school district employee.

FULL TEXT:
AN ACT relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by a school district employee. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 26.009, Education Code, is amended by amending Subsection (a) and adding Subsections (a-1), (a-2), and (c) to read as follows: (a) An employee of a school district must obtain the written consent of a child's parent in the manner required by Subsection (a-2) before the employee may: (1) conduct a psychological or psychiatric examination or [] test [] or psychological or psychiatric treatment, unless the examination, test, or treatment is required under Section 38.004 or state or federal law regarding requirements for special education; or (2) subject to Subsection (b), make or authorize the making of a videotape of a child or record or authorize the recording of a child's voice. (a-1) For purposes of Subsection (a): (1) "Psychological or psychiatric examination or test" means a method designed to elicit information regarding an attitude, habit, trait, opinion, belief, feeling, or mental disorder or a condition thought to lead to a mental disorder, regardless of the manner in which the method is presented or characterized, including a method that is presented or characterized as a survey, check-in, or screening or is embedded in an academic lesson. (2) "Psychological or psychiatric treatment" means the planned, systematic use of a method or technique that is designed to affect behavioral, emotional, or attitudinal characteristics of an individual or group. (a-2) Written consent for a parent's child to participate in a district activity described by Subsection (a) must be signed by the parent and returned to the district. A child may not participate in the activity unless the district receives the parent's signed written consent to that activity. (c) Nothing in this section may be construed to: (1) require an employee of a school district to obtain the written consent of a child's parent before verbally asking the child about the child's general well-being; or (2) affect: (A) a child's ability to consent to counseling under Section 32.004, Family Code; or (B) the duty to report child abuse or neglect under Chapter 261, Family Code, or an investigation of a report of child abuse or neglect under that chapter. SECTION 2. This Act applies beginning with the 2025-2026 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.