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A BILL TO BE ENTITLED
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AN ACT
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relating to parental rights in public education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.004(b), Education Code, is amended to |
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read as follows: |
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(b) A parent is entitled to access to all written or |
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electronic records of a school district concerning the parent's |
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child, including: |
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(1) attendance records; |
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(2) test scores; |
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(3) grades; |
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(4) disciplinary records; |
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(5) counseling records; |
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(6) psychological records; |
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(7) applications for admission; |
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(8) health and immunization information; |
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(9) teacher and school counselor evaluations; |
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(10) reports of behavioral patterns; and |
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(11) records relating to assistance provided for |
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learning difficulties, including information collected regarding |
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any intervention strategies used with the child. |
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SECTION 2. Section 26.009, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Subject to Subsection (a-1), an [An] employee of a |
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school district must obtain the written consent of a child's parent |
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before the employee may: |
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(1) conduct a psychological examination, test, or |
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treatment; |
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(2) administer a student well-being questionnaire, |
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health care screening form, or survey[, unless the examination, |
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test, or treatment is required under Section 38.004 or state or |
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federal law regarding requirements for special education]; or |
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(3) [(2)] make or authorize the making of a videotape |
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of a child or record or authorize the recording of a child's voice. |
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(a-1) A parent's written consent is not required under |
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Subsection (a) if an examination, test, or treatment is required |
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under Section 38.004 or state or federal law regarding requirements |
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for special education. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |