Texas 2023 - 88th Regular

Texas Senate Bill SB595

Filed
1/25/23  
Out of Senate Committee
4/27/23  
Voted on by Senate
5/3/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by a school district employee.

Impact

If enacted, SB 595 would impact school policies surrounding the mental health evaluations and interventions that educators or school staff can undertake without parental approval. This regulation would necessitate a clear communication process between schools and parents concerning any psychological assessments or treatments being administered. Under this bill, students could be hindered from participating in supportive school programs unless parental consent is provided, potentially affecting the availability of essential mental health resources to students who may benefit from them.

Summary

Senate Bill 595 aims to amend the Education Code in Texas by requiring school district employees to obtain written parental consent before conducting any psychological or psychiatric examinations, tests, or treatments on students. The bill defines psychological or psychiatric examinations broadly, encompassing methods that elicit information about a child's feelings, opinions, beliefs, or potential mental health disorders. It also stipulates that children's participation in such activities can only occur if explicit, written consent from a parent is secured for each distinct activity, aiming to prioritize parental authority over educational assessments related to mental health.

Sentiment

The sentiment surrounding SB 595 is mixed. Proponents argue that the bill is a crucial step toward safeguarding children's privacy rights and ensuring that parents retain control over their children's mental health care. Supporters express concern regarding governmental or third-party involvement in children's psychological assessments without parental oversight. Conversely, opponents claim that the bill may impede school staff’s ability to provide timely support to students in need, especially those at risk of crises. Critics emphasize that existing measures already protect children’s rights and that further restrictions could detrimentally affect students' access to necessary mental health resources.

Contention

Notable points of contention include the broader implications of the bill on mental health support within educational settings. Many mental health professionals argue that the requirement for parental consent, while empowering parents, might slow down the responsiveness of schools in delivering urgent psychological aid to students. Additionally, there are concerns that the intricacies of obtaining consent for everyday check-ins may lead to misunderstandings and, consequently, could obstruct vital mental health conversations between students and trusted adults in their educational environments.

Texas Constitutional Statutes Affected

Education Code

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

Family Code

  • Chapter 32. Consent To Treatment Of Child By Non-parent Or Child
    • Section: New Section
    • Section: New Section
  • Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB1149

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

Similar Bills

No similar bills found.