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TX HB789
Bill
Status
11/12/2024
Primary Sponsor
Valoree Swanson
Click for details
AI Summary
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Requires school district employees and contractors to obtain written, signed parental consent before conducting any psychological or psychiatric examination, test, or treatment on a student, with separate consent needed for each activity
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Defines "psychological or psychiatric examination or test" broadly to include any method designed to gather information about attitudes, beliefs, feelings, mental disorders, or conditions that could lead to mental disorders—including surveys, check-ins, screenings, or assessments embedded in academic lessons
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Extends consent requirements to school district contractors in addition to employees, and mandates that all parental consent forms be retained as part of the child's education records
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Exempts certain activities from consent requirements: examinations required for special education under state or federal law, and video/voice recordings used for safety, extracurricular activities, classroom instruction, media coverage, or student safety promotion
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Clarifies the law does not require consent for verbally asking about a child's general well-being, does not affect a child's ability to consent to their own counseling under Family Code Section 32.004, and does not impact child abuse reporting duties
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Applies beginning with the 2025-2026 school year, with immediate effect if passed by two-thirds vote or September 1, 2025 otherwise
Legislative Description
Relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by school district personnel.
Education
Last Action
Referred to Public Education
3/5/2025