The bill amends Section 26.009 of the Education Code to require that school district personnel 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," clarifying that these activities include methods designed to gather information about a child's mental health, regardless of how they are presented, such as surveys or screenings. Additionally, it specifies that consent is not required for certain recordings, such as videotapes or voice recordings made for safety or instructional purposes.

Furthermore, the bill mandates that school districts retain all parental consent forms as part of the child's education records. It also clarifies that the requirement for consent does not impede an employee's ability to ask a child about their general well-being or affect the child's right to seek 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 vote from both houses of the legislature.

Statutes affected:
Introduced: Education Code 26.009 (Education Code 26)