bill requiring written parental consent for school psychological exams

The text as introduced · 499 words

89R2689 JTZ-F

By: Money
H.B. No. 4003

A BILL TO BE ENTITLED

AN ACT

relating to parental consent for certain activities engaged in by a

school district employee or contractor with respect to the parent's

child.

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)

An employee or contractor of a school district must obtain the

written informed consent of a child's parent each time before the

employee or contractor 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.

(a-2) Subsection (a) may not be construed to limit the

authority of a school district employee or contractor to:

(1) verbally inquire about a child's general

well-being; or

(2) conduct an academic lesson, provided that the

lesson does not directly inquire or probe into a child's mental or

emotional state.

(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.

(c) A school district shall retain the written informed

consent of a child's parent obtained under this section as part of

the child's education records.

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. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.