Texas § ED.26.0083 - RIGHT TO INFORMATION REGARDING MENTAL, EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-

§ ED.26.0083. RIGHT TO INFORMATION REGARDING MENTAL, EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-

RIGHT TO INFORMATION REGARDING MENTAL, EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a) The agency shall adopt a procedure for school districts to notify the parent of a student enrolled in the district regarding any change in services provided to or monitoring of the student related to the student's mental, emotional, or physical health or well-being. (b) A procedure adopted under Subsection (a) must reinforce the fundamental right of a parent to make decisions regarding the upbringing and control of the parent's child by requiring school district personnel to: (1) encourage a student to discuss issues relating to the student's well-being with the student's parent; or (2) facilitate a discussion described under Subdivision (1). (c) A school district may not adopt a procedure that: (1) prohibits a district employee from notifying the parent of a student regarding: (A) information about the student's mental, emotional, or physical health or well-being; or (B) a change in services provided to or monitoring of the student related to the student's mental, emotional, or physical health or well-being; (2) encourages or has the effect of encouraging a student to withhold from the student's parent information described by Subdivision (1)(A); or (3) prevents a parent from accessing education or health records concerning the parent's child. (d) Subsections (a) and (c) do not require the disclosure of information to a parent if a reasonably prudent person would believe the disclosure is likely to result in the student suffering abuse or neglect, as those terms are defined by Section 261.001 , Family Code. (e) A school district employee may not discourage or prohibit parental knowledge of or involvement in critical decisions affecting a student's mental, emotional, or physical health or well-being. (f) Any student support services training developed or provided by a school district to district employees must comply with any student services guidelines, standards, and frameworks established by the State Board of Education and the agency. (g) Before the first instructional day of each school year, a school district shall provide to the parent of each student enrolled in the district written notice of each health-related service offered at the district campus the student attends. The notice must include a statement of the parent's right to withhold consent for or decline a health-related service. A parent's consent to a health-related service does not waive a requirement of Subsection (a), (c), or (e). (h) Before administering a student well-being questionnaire or health screening form to a student enrolled in prekindergarten through 12th grade, a school district must provide a copy of the questionnaire or form to the student's parent and obtain the parent's consent to administer the questionnaire or form in the manner provided by Section 26.009 (a-2). (i) This section may not be construed to: (1) limit or alter the requirements of Section 38.004 of this code or Chapter 261 , Family Code; or (2) limit a school district employee's ability to inquire about a student's daily well-being without parental consent. (j) Not later than June 30, 2026, the agency, the State Board of Education, and the State Board for Educator Certification, as appropriate, shall review and revise as necessary the following to ensure compliance with this section: (1) school counseling frameworks and standards; (2) educator practices and professional conduct principles; and (3) any other student services personnel guidelines, standards, or frameworks. (k) Subsection (j) and this subsection expire September 1, 2027. Added by Acts 2025, 89th Leg., R.S., Ch. 1125 (S.B. 12 ), Sec. 17, eff. September 1, 2025.