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 Subsection (a-1) to read as follows: (a) An employee of a school district must obtain the written consent of a child's parent 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) 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, technique, or psychoactive substance that is designed to affect behavioral, emotional, or attitudinal characteristics of an individual or group. SECTION 2. 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.