Texas House Bill HB1149

Texas 2023 - 88th Regular

• Filed: 1/3/23
• Out of House Committee: 5/1/23

Caption

Relating to parental consent for certain activities engaged in by a school district employee or contractor with respect to the parent's child.

Impact

If enacted, HB1149 will significantly alter the way psychological assessments are conducted in schools, placing greater emphasis on parental involvement. This may enhance the protection of children's privacy by ensuring that parents are informed and agree to mental health evaluations and treatments. However, it could also complicate the timely response to students' needs, especially in critical situations where immediate psychological support may be necessary. The bill may lead to delays in addressing significant behavioral or emotional issues due to the required consent process.

Summary

House Bill 1149 amends the Texas Education Code to require that school district employees and contractors obtain written informed consent from a child's parent before conducting any psychological or psychiatric examinations, tests, or treatments. This legislation highlights the need for parental authority in educational settings, particularly when it comes to sensitive matters related to children's mental health. The bill specifies that consent is necessary for various activities including psychological evaluations, but retains the school district's ability to inquire about students' general well-being.

Sentiment

The sentiment surrounding HB1149 is mixed. Supporters argue that the bill prioritizes parental authority and safeguards children's privacy in educational contexts. They believe it is essential for parents to have control over sensitive evaluations that could affect their child's mental health. On the other hand, critics of the bill, including some mental health professionals, express concerns that the stringent consent requirements may hinder school staff from promptly addressing the mental health needs of students. This tension underscores a broader debate about parental rights versus the need for educational professionals to act decisively in the best interests of students.

Contention

Key points of contention regarding HB1149 include the potential for conflicts between parental consent and the need for timely mental health interventions in schools. Critics argue that while enhancing parental rights is important, the bill could inadvertently impede educators' and mental health professionals' abilities to support students effectively. The language of the bill has raised concerns that its definitions may be interpreted too broadly, potentially affecting not just formal psychological assessments but also everyday educational practices that involve understanding and addressing students' emotional and behavioral needs.

Texas Constitutional Statutes Affected

Education Code

• Chapter 26. Parental Rights And Responsibilities
  • Section: New Section
  • Section: New Section