Relating to parental consent for certain activities engaged in by a school district employee or contractor with respect to the parent's child.
Impact
The bill will impact existing state laws regarding the rights of parents and the responsibilities of school districts. It clarifies the parameters under which psychological assessments and video recordings can occur, specifically allowing for exceptions in cases of safety purposes or regular classroom instruction without prior parental consent. Moreover, it mandates schools to retain consent forms as part of the child's educational records, thereby enhancing accountability and transparency in how children’s psychological involvement is managed in schools.
Summary
House Bill 120 seeks to amend Section 26.009 of the Education Code by requiring written parental consent for school district employees or contractors to conduct psychological or psychiatric examinations, tests, or treatments on a child. This legislation necessitates that consent be collected for each individual activity, thus reinforcing parental rights over children's involvement in potentially sensitive psychological evaluations or data collection in schools. The bill emphasizes the importance of written agreements between parents and educational authorities in addressing children's wellbeing in an educational context.
Sentiment
General sentiment towards HB 120 appears to be supportive among proponents advocating for increased parental involvement in schools and the protection of children's rights. Advocates argue that the legislation is essential to ensure that parents are fully informed and consenting to any psychological interventions that their children may undergo. However, there are concerns from some educators and mental health professionals that the bill could hinder important services for children, especially those who may not have an advocate at home or require immediate support without bureaucratic delays.
Contention
Notably, there is contention surrounding the potential obstacles that the bill may impose on necessary psychological evaluations and interventions in schools. Critics argue that while parental consent is crucial, the process could delay or prevent timely assistance for children in need. The clear delineation of what constitutes a psychological evaluation, as defined in the bill, emphasizes the complexity of educational engagements with students regarding their mental health, leading to discussions on balancing parental rights with the responsibility of educational institutions to care for vulnerable student populations.
Texas Constitutional Statutes Affected
Education Code
Chapter 26. Parental Rights And Responsibilities
Section: New Section
Chapter 29. Educational Programs
Section: 022
Family Code
Chapter 32. Consent To Treatment Of Child By Non-parent Or Child
Section: New Section
Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
Relating to public education, including parental rights and public school responsibilities regarding instructional materials and the establishment of an education savings account program.
Relating to public education, including parental rights and public school responsibilities regarding instructional materials and the establishment of an education savings account program.
Relating to policies and procedures regarding certain suits affecting the parent-child relationship, investigations by the Department of Family and Protective Services, and parental child safety placements.