Relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by a school district employee.
Impact
If enacted, SB400 would modify existing regulations in the Texas Education Code to strengthen the role of parents in decisions that pertain to their children's mental health in schools. The bill specifies that a child cannot participate in any psychological activity without signed parental consent, thereby increasing the boundary of parental authority over school-led mental health initiatives. This change reflects a shift toward prioritizing parental oversight in sensitive areas of student welfare while delineating specific exceptions where consent is not required, such as mandated reporting for child abuse.
Summary
Senate Bill 400 requires school district employees to obtain written consent from a child's parent prior to conducting any psychological or psychiatric examination, testing, or treatment. This legislation aims to enhance parental involvement in the psychological well-being of their children, ensuring that parents are informed and have a say in any mental health assessments or interventions that are undertaken within the educational setting. The bill defines what constitutes psychological examinations and treatments, emphasizing methods designed to uncover attitudes, behaviors, and potential mental health issues among students.
Sentiment
The general sentiment around SB400 has been mixed. Advocates, primarily among conservative lawmakers and parental rights groups, argue that the bill acknowledges the importance of parental involvement and protects children from undue psychological influence without parental knowledge. They view it as a necessary safeguard for familial rights. Conversely, some opponents—comprising mental health professionals and educators—have expressed concern that the bill could hinder timely access to mental health care for students, especially in cases where parents may be uninformed or unresponsive to their children's needs.
Contention
Notable points of contention include the practical implications of obtaining parental consent, particularly in urgent situations where swift action might be needed for a child's mental health. Critics note that while the bill aims to protect children, it may also create barriers for school counselors in addressing mental health crises. There are fears that the requirement for consent could delay interventions for students who need immediate support, leading to potential negative outcomes in their mental health and academic performance.
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
Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
Similar
Relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by school district personnel.
Relating to public education, including parental rights and public school responsibilities regarding instructional materials and the establishment of an education savings account program.
Relating to public education, including parental rights and public school responsibilities regarding instructional materials and the establishment of an education savings account program.
Relating to policies and procedures regarding certain suits affecting the parent-child relationship, investigations by the Department of Family and Protective Services, and parental child safety placements.