Texas Senate Bill SB400

Texas 2025 - 89th Regular

• Filed: 11/20/24
• Out of Senate Committee: 3/17/25
• Voted on by Senate: 3/24/25

Caption

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
  • Section: New Section