The bill amends Section 26.009 of the Education Code to require written, signed consent from a child's parent before school district personnel can conduct psychological or psychiatric examinations, tests, or treatments. It defines "psychological or psychiatric examination or test" and "psychological or psychiatric treatment," emphasizing that these activities include methods presented as surveys or screenings. The bill also clarifies that consent is not required for certain activities, such as making videotapes or recordings for safety, instructional purposes, or media coverage, provided they are not related to psychological assessments.
Additionally, the bill mandates that school districts retain all parental consent forms as part of the child's education records. It specifies that the requirement for consent does not impede an employee's ability to inquire about a child's general well-being or affect the child's right to counseling or the obligation to report child abuse or neglect. The provisions of this act will take effect starting with the 2025-2026 school year, and it will become effective immediately if it receives a two-thirds majority vote in both houses of the legislature.
Statutes affected: Introduced: Education Code 26.009 (Education Code 26)