C.S.H.B. 1070 78(R)    BILL ANALYSIS


C.S.H.B. 1070
By: Howard
Public Education
Committee Report (Substituted)



BACKGROUND 

Some school employees have threatened to report parents to state
authorities alleging medical neglect due to parents' refusal to allow
psychological exams and the administration of psychotropic drugs to their
children.  Often, these threats are used as a tool to intimidate parents
into compliance and are in violation of provisions of federal law. 


PURPOSE 

The purpose of C.S.H.B. 1070 is to codify and protect a parents' right to
refuse the psychological testing and the administration of psychotropic
drugs to their child, and to bring state law in line with federal
requirements. 


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. 


ANALYSIS

C.S.H.B. 1070 amends the Education Code to provide that a parent's refusal
to provide written consent for a school district employee to conduct a
psychological examination, test, treatment or administration of a
psychotropic medication or a parents refusal to administer such
medication, does not constitute neglect or abuse of a child. The bill
provides that an employee of a school district may not use or threaten to
use a parent's refusal to provide such a written consent or to administer
a psychotropic medication as a basis for making a report concerning abuse
or neglect of a child. 

This Act applies beginning with the 2003-2004 school year.


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1070 modifies the original by removing provisions stipulating
that a school district employee's use of a parent's refusal to provide
written consent to administer a psychotropic medication as a basis for
making a report concerning abuse or neglect of a child is a Class A
misdemeanor. C.S.H.B. 1070 modifies the original by deleting provisions
that authorize a parent to bring an action against an employee of a school
district, who commits such a violation, for statutory damages in an amount
of not less than $5,000 or more than $50,000 for each violation.