| 1 | 1 | | By: Troxclair H.B. No. 4055 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to requiring school districts to adopt procedures to |
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| 7 | 7 | | ensure parents are informed regarding a student's mental, |
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| 8 | 8 | | emotional, or physical health or well-being. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 26, Education Code, is amended by adding |
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| 11 | 11 | | Subsection 26.0083 to read as follows |
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| 12 | 12 | | Sec. 26.0083. DISTRICT POLICY REGARDING NOTICE TO PARENTS. |
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| 13 | 13 | | (a) Each school district shall adopt procedures for notifying a |
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| 14 | 14 | | student's parent if there is a change in the student's services or |
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| 15 | 15 | | monitoring related to the student's mental, emotional, or physical |
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| 16 | 16 | | health or well-being and the school's ability to provide a safe and |
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| 17 | 17 | | supportive learning environment for the student. The procedures |
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| 18 | 18 | | must reinforce the fundamental right of parents to make decisions |
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| 19 | 19 | | regarding the upbringing and control of their children by requiring |
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| 20 | 20 | | school district personnel to encourage a student to discuss issues |
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| 21 | 21 | | relating to his or her well-being with his or her parent or to |
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| 22 | 22 | | facilitate discussion of the issue with the parent. The procedures |
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| 23 | 23 | | may not prohibit parents from accessing any of their student's |
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| 24 | 24 | | education and health records created, maintained, or used by the |
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| 25 | 25 | | school district. |
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| 26 | 26 | | (b) Except to the extent consistent with Section 38.004, a |
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| 27 | 27 | | school district may not adopt procedures that prohibit school |
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| 28 | 28 | | district personnel from notifying a parent about a student's |
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| 29 | 29 | | mental, emotional, or physical health or well-being, or a change in |
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| 30 | 30 | | related services or monitoring, or that encourage or have the |
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| 31 | 31 | | effect of encouraging a student to withhold from a parent such |
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| 32 | 32 | | information. |
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| 33 | 33 | | (c) Except to the extent consistent with Section 38.004 and |
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| 34 | 34 | | the school district's policy, School district personnel may not |
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| 35 | 35 | | discourage or prohibit parental notification of and involvement in |
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| 36 | 36 | | critical decisions affecting a student's mental, emotional, or |
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| 37 | 37 | | physical health or well-being. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2023. |
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