JLM C.S.S.B. 521 75(R) BILL ANALYSIS PUBLIC EDUCATION C.S.S.B. 521 By: Bivins (West, George "Buddy") 5-20-97 Committee Report (Substituted) BACKGROUND Currently, an employee of a school district must obtain parental consent prior to conducting certain activities involving the child. Sec. 26.009, Education Code, expressly prohibits the following activities involving a child: psychological examinations, tests, or treatment unless elsewhere required in the Code; and the making or the authorization thereof of a videotape or audio recording of the child or child's voice, respectively. Regarding the latter, exceptions are made which include recordings related to safety or discipline, cocurricular or extracurricular activity, or regular classroom instruction. Some parents have expressed concern that they may be improperly affected by this law, and that videotape or voice recording activities in a classroom should be allowed in certain circumstances. PURPOSE This bill, if enacted as substituted, would provide additional exceptions to the requirement that parental consent be obtained by school personnel. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Section 26.009(a)(1) is modified to include reference to other state or federal laws which would, if included in the present list of exceptions, preclude consent requirements with regard to special education. Section 26.009 (b)(4) is also added to except media coverage from consent requirements. SECTION 2. Provides that this Act applies beginning with the 1997-1998 school year. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Sec. 1 of the substitute includes a reference to other state or federal laws in addition to Sec. 38.004, Education Code, which precludes parental consent requirements. Sec. 1 of the original included a provision exempting audio or video recordings made for purposes related to educator evaluations from consent requirements. The substitute strikes this provision.