Texas 2023 - 88th 3rd C.S.

Texas House Bill HB120

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The bill will impact existing state laws regarding the rights of parents and the responsibilities of school districts. It clarifies the parameters under which psychological assessments and video recordings can occur, specifically allowing for exceptions in cases of safety purposes or regular classroom instruction without prior parental consent. Moreover, it mandates schools to retain consent forms as part of the child's educational records, thereby enhancing accountability and transparency in how children’s psychological involvement is managed in schools.

Summary

House Bill 120 seeks to amend Section 26.009 of the Education Code by requiring written parental consent for school district employees or contractors to conduct psychological or psychiatric examinations, tests, or treatments on a child. This legislation necessitates that consent be collected for each individual activity, thus reinforcing parental rights over children's involvement in potentially sensitive psychological evaluations or data collection in schools. The bill emphasizes the importance of written agreements between parents and educational authorities in addressing children's wellbeing in an educational context.

Sentiment

General sentiment towards HB 120 appears to be supportive among proponents advocating for increased parental involvement in schools and the protection of children's rights. Advocates argue that the legislation is essential to ensure that parents are fully informed and consenting to any psychological interventions that their children may undergo. However, there are concerns from some educators and mental health professionals that the bill could hinder important services for children, especially those who may not have an advocate at home or require immediate support without bureaucratic delays.

Contention

Notably, there is contention surrounding the potential obstacles that the bill may impose on necessary psychological evaluations and interventions in schools. Critics argue that while parental consent is crucial, the process could delay or prevent timely assistance for children in need. The clear delineation of what constitutes a psychological evaluation, as defined in the bill, emphasizes the complexity of educational engagements with students regarding their mental health, leading to discussions on balancing parental rights with the responsibility of educational institutions to care for vulnerable student populations.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 26. Parental Rights And Responsibilities
    • Section: New Section
  • Chapter 29. Educational Programs
    • Section: 022

Family Code

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

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.