By: Kolkhorst, et al. S.B. No. 400
A BILL TO BE ENTITLED
AN ACT
relating to requiring parental consent for psychological or
psychiatric examination, testing, or treatment conducted by a
school district employee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.009, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), and
(c) to read as follows:
(a) An employee of a school district must obtain the written
consent of a child's parent in the manner required by Subsection
(a-2) before the employee may:
(1) conduct a psychological or psychiatric
examination or[,] test[,] or psychological or psychiatric
treatment, unless the examination, test, or treatment is required
under Section 38.004 or state or federal law regarding requirements
for special education; or
(2) subject to Subsection (b), make or authorize the
making of a videotape of a child or record or authorize the
recording of a child's voice.
(a-1) For purposes of Subsection (a):
(1) "Psychological or psychiatric examination or
test" means a method designed to elicit information regarding an
attitude, habit, trait, opinion, belief, feeling, or mental
disorder or a condition thought to lead to a mental disorder,
regardless of the manner in which the method is presented or
characterized, including a method that is presented or
characterized as a survey, check-in, or screening or is embedded in
an academic lesson.
(2) "Psychological or psychiatric treatment" means
the planned, systematic use of a method or technique that is
designed to affect behavioral, emotional, or attitudinal
characteristics of an individual or group.
(a-2) Written consent for a parent's child to participate in
a district activity described by Subsection (a) must be signed by
the parent and returned to the district. A child may not
participate in the activity unless the district receives the
parent's signed written consent to that activity.
(c) Nothing in this section may be construed to:
(1) require an employee of a school district to obtain
the written consent of a child's parent before verbally asking the
child about the child's general well-being; or
(2) affect:
(A) a child's ability to consent to counseling
under Section 32.004, Family Code; or
(B) the duty to report child abuse or neglect
under Chapter 261, Family Code, or an investigation of a report of
child abuse or neglect under that chapter.
SECTION 2. This Act applies beginning with the 2025-2026
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.