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 state or behaviors, regardless of how they are presented. Additionally, it specifies that consent is not required for certain activities, such as making videotapes or recordings 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 consent to counseling under existing laws. The provisions of this bill 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)