bill requiring parental consent for school psychological exams

The text as introduced · 554 words

89R323 JTZ-F

By: Swanson
H.B. No. 789

A BILL TO BE ENTITLED

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. If this

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

Act takes effect September 1, 2025.