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