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.