SB400 - Relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by a school district employee.

      By: Kolkhorst, et al. S.B. No. 400     A BILL TO BE ENTITLED   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 Subsections (a-1), (a-2), and   (c) to read as follows:          (a)  An employee of a school district must obtain the written   consent of a child's parent in the manner required by Subsection   (a-2) 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)   subject to Subsection (b), 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 or technique that is   designed to affect behavioral, emotional, or attitudinal   characteristics of an individual or group.           (a-2)     Written consent for a parent's child to participate in   a district activity described by Subsection (a) must be signed by   the parent and returned to the district. A child may not   participate in the activity unless the district receives the   parent's signed written consent to that activity.           (c)  Nothing in this section may be construed to:                 (1)     require an employee 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; or                 (2)  affect:                       (A)     a child's ability to consent to counseling   under Section 32.004, Family Code; or                       (B)     the duty to report child abuse or neglect   under Chapter 261, Family Code, or an investigation of a report of   child 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.