| 1 | 1 | | By: Swanson H.B. No. 26 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to parental consent for certain activities engaged in by a |
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| 7 | 7 | | school district employee or contractor with respect to the parent’s |
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| 8 | 8 | | child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 26.009, Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a) |
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| 13 | 13 | | In this section: |
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| 14 | 14 | | (1) "Psychological or psychiatric examination or |
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| 15 | 15 | | test" means a method designed to elicit information regarding an |
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| 16 | 16 | | attitude, habit, trait, opinion, belief, feeling, or mental |
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| 17 | 17 | | disorder or a condition thought to lead to a mental disorder, |
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| 18 | 18 | | regardless of the manner in which the method is presented or |
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| 19 | 19 | | characterized, including a method that is presented or |
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| 20 | 20 | | characterized as a survey, check-in, or screening or is embedded in |
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| 21 | 21 | | an academic lesson. |
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| 22 | 22 | | (2) "Psychological or psychiatric treatment" means |
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| 23 | 23 | | the planned, systematic use of a method or technique that is |
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| 24 | 24 | | designed to affect behavioral, emotional, or attitudinal |
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| 25 | 25 | | characteristics of an individual or group. |
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| 26 | 26 | | (b) An employee or contractor of a school district must |
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| 27 | 27 | | obtain the written consent signed by [of] a child's parent for each |
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| 28 | 28 | | separate activity described by this subsection in which the child |
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| 29 | 29 | | will participate before: |
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| 30 | 30 | | (1) the employee or contractor may: |
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| 31 | 31 | | (A) [(1)] conduct a psychological or psychiatric |
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| 32 | 32 | | examination or[,] test[,] or psychological or psychiatric |
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| 33 | 33 | | treatment, unless the examination, test, or treatment is required |
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| 34 | 34 | | under Section 38.004 or state or federal law regarding requirements |
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| 35 | 35 | | for special education; or |
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| 36 | 36 | | (B) [(2)] subject to Subsection (c), make or |
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| 37 | 37 | | authorize the making of a videotape of a child or record or |
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| 38 | 38 | | authorize the recording of a child's voice; and |
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| 39 | 39 | | (2) the child may participate in that activity. |
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| 40 | 40 | | (c) [(b)] An employee or contractor of a school district is |
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| 41 | 41 | | not required to obtain the consent of a child's parent before the |
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| 42 | 42 | | employee or contractor may make a videotape of a child or authorize |
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| 43 | 43 | | the recording of a child's voice if the videotape or voice recording |
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| 44 | 44 | | is to be used only for: |
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| 45 | 45 | | (1) purposes of safety, including the maintenance of |
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| 46 | 46 | | order and discipline in common areas of the school or on school |
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| 47 | 47 | | buses; |
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| 48 | 48 | | (2) a purpose related to a cocurricular or |
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| 49 | 49 | | extracurricular activity; |
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| 50 | 50 | | (3) a purpose related to regular classroom |
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| 51 | 51 | | instruction; |
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| 52 | 52 | | (4) media coverage of the school; or |
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| 53 | 53 | | (5) a purpose related to the promotion of student |
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| 54 | 54 | | safety under Section 29.022. |
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| 55 | 55 | | (d) A school district shall retain every written and signed |
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| 56 | 56 | | informed consent of a child's parent obtained under this section as |
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| 57 | 57 | | part of the child's education records. |
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| 58 | 58 | | (e) Nothing in this section may be construed to: |
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| 59 | 59 | | (1) require an employee of a school district to obtain |
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| 60 | 60 | | the written consent of a child's parent before verbally asking the |
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| 61 | 61 | | child about the child's general well-being; |
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| 62 | 62 | | (2) affect a child's consent to counseling under |
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| 63 | 63 | | Section 32.004, Family Code; or |
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| 64 | 64 | | (3) affect the duty to report child abuse or neglect |
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| 65 | 65 | | under Chapter 261, Family Code, or an investigation of a report of |
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| 66 | 66 | | abuse or neglect under that chapter. |
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| 67 | 67 | | SECTION 2. This Act applies beginning with the 2025-2026 |
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| 68 | 68 | | school year. |
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| 69 | 69 | | SECTION 3. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect on the 91st day after the last day of the |
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| 74 | 74 | | legislative session. |
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