| 1 | 1 | | 88R3717 CXP-D |
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| 2 | 2 | | By: Hall S.B. No. 394 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to parental rights in public education. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 26.004(b), Education Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (b) A parent is entitled to access to all written or |
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| 12 | 12 | | electronic records of a school district concerning the parent's |
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| 13 | 13 | | child, including: |
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| 14 | 14 | | (1) attendance records; |
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| 15 | 15 | | (2) test scores; |
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| 16 | 16 | | (3) grades; |
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| 17 | 17 | | (4) disciplinary records; |
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| 18 | 18 | | (5) counseling records; |
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| 19 | 19 | | (6) psychological records; |
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| 20 | 20 | | (7) applications for admission; |
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| 21 | 21 | | (8) health and immunization information; |
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| 22 | 22 | | (9) teacher and school counselor evaluations; |
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| 23 | 23 | | (10) reports of behavioral patterns; and |
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| 24 | 24 | | (11) records relating to assistance provided for |
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| 25 | 25 | | learning difficulties, including information collected regarding |
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| 26 | 26 | | any intervention strategies used with the child. |
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| 27 | 27 | | SECTION 2. Section 26.009, Education Code, is amended by |
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| 28 | 28 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 29 | 29 | | follows: |
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| 30 | 30 | | (a) Subject to Subsection (a-1), an [An] employee of a |
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| 31 | 31 | | school district must obtain the written consent of a child's parent |
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| 32 | 32 | | before the employee may: |
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| 33 | 33 | | (1) conduct a psychological examination, test, or |
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| 34 | 34 | | treatment; |
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| 35 | 35 | | (2) administer a student well-being questionnaire, |
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| 36 | 36 | | health care screening form, or survey[, unless the examination, |
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| 37 | 37 | | test, or treatment is required under Section 38.004 or state or |
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| 38 | 38 | | federal law regarding requirements for special education]; or |
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| 39 | 39 | | (3) [(2)] make or authorize the making of a videotape |
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| 40 | 40 | | of a child or record or authorize the recording of a child's voice. |
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| 41 | 41 | | (a-1) A parent's written consent is not required under |
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| 42 | 42 | | Subsection (a) if an examination, test, or treatment is required |
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| 43 | 43 | | under Section 38.004 or state or federal law regarding requirements |
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| 44 | 44 | | for special education. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2023. |
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