C.S.H.B. 1406 78(R)    BILL ANALYSIS


C.S.H.B. 1406
By: Brown, Betty
Public Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current statute 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. C.S.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.    


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. 1406 amends the Education Code by prohibiting a school district
employee from recommending a student use a psychotropic drug or undergo a
psychiatric evaluation or examination. The bill provides that refusal by a
parent or guardian to consent to the administration of a psychotropic drug
to a student or to a psychiatric evaluation or examination is not grounds
for removing the child from school or school related activities. The bill
does not prevent the appropriate referral of a child under the child find
system required under 20 U.S.C. Section 1435 or prohibit a district
employee, who is a licensed healthcare professional, from recommending an
evaluation by an appropriate medical practitioner. The bill requires the
board of trustees of each school district to establish a policy for the
implementation and enforcement of this added section.       


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. 1406 modifies the original by adding a provision that stipulates
that the bill does not prohibit a district employee, who is a licensed
healthcare professional, from recommending that a child be evaluated by an
appropriate medical practitioner.