SRC-AMY H.B. 1406 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1406
By: Brown, Betty (Staples)
Education
5/13/2003
Engrossed


DIGEST AND PURPOSE 

Currently, Texas law does not prevent a school district employee from
making a student's enrollment in school or participation in school related
activities contingent on the use of psychotropic drugs or psychiatric
evaluation.  H.B. 1406 prohibits a school district employee from
recommending psychiatric evaluation or the use of a psychotropic drug. The
bill also prevents a school district employee from using the parent's
refusal to consent to administer a psychotropic drug as grounds for
prohibiting the student to attend a class or participate in a school
related activity.  H.B. 1406 also provides that certain school-related
medical professionals are not prohibited from recommending that a child be
evaluated by an appropriate medical practitioner. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 38, Education Code, by adding
Section 38.016, as follows: 

Sec. 38.016.  PSYCHOTROPIC DRUGS AND PSYCHIATRIC EVALUATIONS OR
EXAMINATIONS.  (a) Defines "parent" and "psychotropic drug." 

(b) Prohibits a school district employee from recommending that a student
use a psychotropic drug or have a psychiatric evaluation or examination,
or use the refusal by a parent to consent to administration of a
psychotropic drug to a student or to a psychiatric evaluation or
examination of a student as grounds, by itself, for prohibiting the child
from attending a class or participating in a school-related activity. 

(c) Provides that Subsection (b) does not prevent an appropriate referral
under the child find system required under 20 U.S.C. Section 1412, as
amended, or prohibit a school district employee who is a registered nurse,
advanced nurse practitioner, or physician from recommending that a child
be evaluated by an appropriate medical practitioner. 

(d) Requires the board of trustees of each school district to adopt a
policy to ensure implementation and enforcement of this section. 

SECTION 2.  Provides that this Act applies beginning with the 2003-2004
school year. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.