79R902 KKA-D

By:  Howard                                                       H.B. No. 531



A BILL TO BE ENTITLED

AN ACT

relating to protection of private family information of children 
attending public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 26, Education Code, is amended by adding 
Section 26.0082 to read as follows:
	Sec. 26.0082.  PRIVATE FAMILY INFORMATION.  (a)  Except as 
provided by Subsection (b), a school district may not administer an 
assessment instrument, test, or survey or present any curriculum to 
a student that reveals private information about the student or the 
student's family in the following areas:
		(1)  political affiliation or political views;                         
		(2)  mental or psychological problems;                                 
		(3)  sexual behavior or attitudes;                                     
		(4)  illegal, antisocial, self-incriminating, or 
demeaning behavior; 
		(5)  religious beliefs;                                                
		(6)  individualist or peer-dependent tendencies;                       
		(7)  attitudes or values;                                              
		(8)  critical appraisals of persons with whom the 
student has close family relationships;
		(9)  a legally recognized privilege or analogous 
relationship with another person, such as a relationship with a 
lawyer, minister, or physician;
		(10)  adaptability to change;                                          
		(11)  respect for authority;                                           
		(12)  income, except as required by law to determine 
eligibility for participating in or receiving assistance under a 
financial assistance program; or
		(13)  any other nonacademic area related to values.                    
	(b)  A school district may administer an assessment 
instrument, test, or survey or present curriculum to a student that 
reveals private information described by Subsection (a) if:
		(1)  the district notifies the student's parent, in 
writing and not later than the fifth working day before the 
administration of the assessment, test, or survey or presentation 
of curriculum, that the parent may:
			(A)  review all materials related to the 
assessment, test, survey, or curriculum, including answer keys and 
manuals; and
			(B)  refuse to allow the student to participate in 
the assessment, test, survey, or curriculum; and
		(2)  the district obtains the prior written consent to 
the assessment, test, survey, or curriculum from the student's 
parent.
	(c)  An assessment, test, survey, or curriculum that reveals 
private information described by Subsection (a) or a student's 
failure to participate in such an assessment, test, survey, or 
curriculum may not be used to determine:
		(1)  the student's grade for a course;                                 
		(2)  whether to promote the student to the next grade 
level; or      
		(3)  whether the student will graduate.                                
	(d)  In this section, "family" means persons related to each 
other within the third degree by consanguinity or the second degree 
by affinity, as determined under Chapter 573, Government Code.
	SECTION 2.  The heading to Section 26.009, Education Code, 
is amended to read as follows:
	Sec. 26.009.  CONSENT REQUIRED FOR MAKING VIDEOTAPE OR VOICE 
RECORDING OF A CHILD [CERTAIN ACTIVITIES].
	SECTION 3.  Section 26.009(a), Education Code, is amended to 
read as follows:
	(a)  An employee of a school district must obtain the written 
consent of a child's parent before the employee may[:
		[(1)  conduct a psychological examination, test, or 
treatment, unless the examination, test, or treatment is required 
under Section 38.004 or state or federal law regarding requirements 
for special education; or
		[(2)]  make or authorize the making of a videotape of a 
child or record or authorize the recording of a child's voice.
	SECTION 4.  Chapter 26, Education Code, is amended by adding 
Section 26.0092 to read as follows:
	Sec. 26.0092.  PSYCHOLOGICAL EXAMINATION OR TREATMENT; 
PROGRESSIVE RELAXATION TECHNIQUES.  (a)  Unless required under 
Section 38.004 or state or federal law regarding requirements for 
special education, a school district may not, without the written 
informed consent of the child's parent:
		(1)  provide psychological services to a child, 
including examinations, testing, progressive relaxation 
techniques, or other treatment; or
		(2)  use a progressive relaxation technique with a 
child in a curriculum, counseling program, or other school 
activity.
	(b)  A psychological service, including a progressive 
relaxation technique, must be administered by a licensed health 
care practitioner qualified to provide the service.
	(c)  In this section, "progressive relaxation technique" 
means a technique that produces an artificially induced passive 
state in which a person is more amenable and responsive to 
suggestions and commands, regardless of whether the suggestions and 
commands conflict with the person's conscious or unconscious 
wishes.  The term includes hypnosis, guided imagery, meditation, 
and yoga.
	SECTION 5.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 6.  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, 2005.