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

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

FULL TEXT:
AN ACT relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by school district personnel. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 26.009, Education Code, is amended to read as follows: Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a) In this section: (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. (b) An employee or contractor of a school district must obtain the written,signed consent of a child's parent for each separate activity described by this subsection in which the child will participate before the employee or contractor may: (1) conduct a psychological or psychiatric examination or [] test [] or psychological or psychiatric treatment with respect to the child,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 (c), make or authorize the making of a videotape of a child or record or authorize the recording of a child's voice. (c) [(b)] An employee or contractor of a school district is not required to obtain the consent of a child's parent before the employee or contractor may make a videotape of a child or authorize the recording of a child's voice if the videotape or voice recording is to be used only for: (1) purposes of safety, including the maintenance of order and discipline in common areas of the school or on school buses; (2) a purpose related to a cocurricular or extracurricular activity; (3) a purpose related to regular classroom instruction; (4) media coverage of the school; or (5) a purpose related to the promotion of student safety under Section 29.022. (d) A school district shall retain every consent of a child's parent obtained under this section as part of the child's education records. (e) Nothing in this section may be construed to: (1) require an employee or contractor 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; (2) affect a child's consent to counseling under Section 32.004, Family Code; or (3) affect the duty to report child abuse or neglect under Chapter 261, Family Code, or an investigation of a report of 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.