The bill, H.B. No. 789, mandates that school district personnel must obtain written, signed consent from a child's parent before conducting any psychological or psychiatric examinations, tests, or treatments. The bill defines "psychological or psychiatric examination or test" and "psychological or psychiatric treatment," emphasizing that these activities include methods presented as surveys or screenings. Additionally, it specifies that consent is not required for certain recordings, such as videotapes or voice recordings made for safety, instructional purposes, or media coverage, provided they are not used for psychological evaluations.

Furthermore, the bill requires school districts to retain all parental consent forms as part of the child's educational records. It clarifies that the new requirements do not impede an employee's ability to inquire about a child's general well-being or affect existing laws regarding counseling consent or mandatory reporting of child abuse. 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)