S.B. No. 400 mandates that school district employees must obtain written parental consent before conducting any psychological or psychiatric examinations, tests, or treatments on students. The bill amends Section 26.009 of the Education Code, adding definitions for "psychological or psychiatric examination or test" and "psychological or psychiatric treatment." It specifies that consent must be signed by a parent and returned to the school district, and a child cannot participate in such activities without this consent. The bill also clarifies that verbal inquiries about a child's general well-being do not require parental consent and does not affect a child's ability to consent to counseling or the duty to report child abuse.

The new provisions include the requirement for written consent as outlined in Subsection (a-2) and the definitions provided in Subsections (a-1) regarding the nature of psychological assessments and treatments. The bill is set to take effect in the 2025-2026 school year, with immediate effect possible if it receives a two-thirds vote from both houses of the Texas Legislature.

Statutes affected:
Introduced: Education Code 26.009 (Education Code 26)
Senate Committee Report: Education Code 26.009 (Education Code 26)
Engrossed: Education Code 26.009 (Education Code 26)