88R3717 CXP-D
By: Hall S.B. No. 394
A BILL TO BE ENTITLED
AN ACT
relating to parental rights in public education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.004(b), Education Code, is amended to
read as follows:
(b) A parent is entitled to access to all written or
electronic records of a school district concerning the parent's
child, including:
(1) attendance records;
(2) test scores;
(3) grades;
(4) disciplinary records;
(5) counseling records;
(6) psychological records;
(7) applications for admission;
(8) health and immunization information;
(9) teacher and school counselor evaluations;
(10) reports of behavioral patterns; and
(11) records relating to assistance provided for
learning difficulties, including information collected regarding
any intervention strategies used with the child.
SECTION 2. Section 26.009, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Subject to Subsection (a-1), an [An] employee of a
school district must obtain the written consent of a child's parent
before the employee may:
(1) conduct a psychological examination, test, or
treatment;
(2) administer a student well-being questionnaire,
health care screening form, or survey[, unless the examination,
test, or treatment is required under Section 38.004 or state or
federal law regarding requirements for special education]; or
(3) [(2)] make or authorize the making of a videotape
of a child or record or authorize the recording of a child's voice.
(a-1) A parent's written consent is not required under
Subsection (a) if an examination, test, or treatment is required
under Section 38.004 or state or federal law regarding requirements
for special education.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.