Texas 2023 - 88th 4th C.S.

Texas House Bill HB26

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 parents child.

Impact

If enacted, House Bill 26 could significantly alter the dynamics between parents, schools, and mental health practices within educational environments. By requiring explicit parental consent for certain activities, the legislation aims to enhance parental involvement and oversight concerning their child's well-being and mental health assessments conducted within the school. This move may establish clearer boundaries around the types of activities that school officials can engage in with students, fostering an environment that prioritizes parental rights in educational contexts.

Summary

House Bill 26 proposes amendments to the Education Code regarding parental consent involving school district employees and contractors. The bill mandates that written consent be obtained from a child's parent for specific activities, namely psychological or psychiatric examinations, tests, and treatments, as well as for making any videos or audio recordings of the child unless otherwise exempted by certain conditions. The intention is to ensure that parents are fully aware and can exercise their rights regarding sensitive activities involving their children in school settings.

Sentiment

The sentiment surrounding HB 26 appears to be mixed, reflecting broader societal debates over parental rights, child welfare, and the role of schools in addressing mental health. Supporters of the bill express concern over the necessity of parental awareness and control over sensitive issues related to mental health assessments, asserting that parents should have the final say in these matters. Conversely, some critics argue that this legislation may hinder the ability of school officials to adequately support students, particularly those in need of mental health services, by creating additional bureaucratic barriers that delay intervention.

Contention

Notable points of contention related to House Bill 26 revolve around the implications of increased parental consent requirements. Advocates assert that the bill will empower parents and ensure that schools act transparently while engaging with children on behavioral and mental health issues. However, opponents caution that stringent consent requirements might pose obstacles to timely mental health interventions, create confusion among educators regarding their responsibilities, and potentially stigmatize mental health care accessibility for students who may need support the most.

Texas Constitutional Statutes Affected

Education Code

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

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.