HB789 - Relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by school district personnel.

  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.