78R5566 CAS-D
By: Brown of Kaufman H.B. No. 1406
A BILL TO BE ENTITLED
AN ACT
relating to a recommendation by a school district employee
concerning a use of a psychotropic drug by a student or psychiatric
evaluation or examination of a student and to refusal by a parent or
certain other person to consent to administration of a psychotropic
drug to a student or to psychiatric evaluation or examination of a
student.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.016 to read as follows:
Sec. 38.016. PSYCHOTROPIC DRUGS AND PSYCHIATRIC
EVALUATIONS OR EXAMINATIONS. (a) In this section:
(1) "Parent" includes a guardian or other person
standing in parental relation.
(2) "Psychotropic drug" means a substance that is:
(A) used in the diagnosis, treatment, or
prevention of a disease or as a component of a medication; and
(B) intended to have an altering effect on
perception, emotion, or behavior.
(b) A school district employee may not:
(1) recommend that a student:
(A) use a psychotropic drug; or
(B) have a psychiatric evaluation or
examination; or
(2) 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) Subsection (b) does not prevent an appropriate referral
under the child find system required under 20 U.S.C. Section 1435,
as amended.
(d) The board of trustees of each school district shall
adopt a policy to ensure implementation and enforcement of this
section.
SECTION 2. This Act applies beginning with the 2003-2004
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.