Bill Summary – FastDemocracy

      
		By: Swanson
            H.B. No. 120
         
               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 by 
         
            amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), 
         
            and (c) to read as follows:
         
                   (a)  An employee or contractor of a school district must 
         
            obtain the written consent of a child's parent in the manner 
         
            required by Subsection (a-2) each time 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 obtained 
         
            for each separate activity in which the child participates, and 
         
            each written consent 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.
         
                   (a-3)  Subsection (a) does not 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, and for purposes of Subsections (a) and (a-1)(1), the 
         
            term "check-in" does not include such an inquiry.
         
                   (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.
         
                   (d)  Nothing in this section may be construed to affect:
         
                         (1)  a child's consent to counseling under Section 
         
            32.004, Family Code; or
         
                         (2)  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 2024-2025 
         
            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 effect on that date, 
         
            this Act tak
Statutes affected: 
Introduced: Education Code 26.009 (Education Code 26)



	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 by
	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
	and (c) to read as follows:
	(a) An employee or contractor of a school district must
	obtain the written consent of a child's parent in the manner
	required by Subsection (a-2) each time 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 obtained
	for each separate activity in which the child participates, and
	each written consent 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.
	(a-3) Subsection (a) does not 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, and for purposes of Subsections (a) and (a-1)(1), the
	term "check-in" does not include such an inquiry.
	(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.
	(d) Nothing in this section may be construed to affect:
	(1) a child's consent to counseling under Section
	32.004, Family Code; or
	(2) 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 2024-2025
	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 effect on that date,
	this Act tak Statutes affected: Introduced: Education Code 26.009 (Education Code 26)