Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 400 seeks to strengthen parental rights in education by requiring written parental consent before a school district employee can conduct any psychological or psychiatric examination, testing, or treatment on a student. The bill amends Section 26.009 of the Texas Education Code, ensuring that parents have full authority over decisions affecting their child's mental health while at school.

The bill defines psychological or psychiatric examination or tests as any method intended to gather information about a child's attitudes, beliefs, emotions, or mental health, regardless of how it is presented (e.g., surveys, screenings, or academic check-ins). Additionally, it defines psychological or psychiatric treatment as any planned or systematic method intended to influence a student’s emotional or behavioral characteristics. Schools would be prohibited from administering these evaluations or treatments unless they receive explicit, written consent from a parent, except in cases where such services are required by state or federal special education law.

By reinforcing parental control over student mental health services, SB 400 limits the authority of school districts, ensuring that government-run schools do not intervene in a child's psychological well-being without family involvement.

The Committee Substitute for SB 400 maintains the core objective of the originally filed bill—requiring written parental consent before a school district employee can conduct psychological or psychiatric examinations, testing, or treatment on a student. However, it introduces several refinements to strengthen the bill’s enforceability and close potential loopholes.

One key difference is the expanded and clarified definitions of psychological and psychiatric examinations, tests, and treatments. The committee substitute ensures that these terms include not only direct assessments but also surveys, check-ins, and screenings, even when embedded in academic lessons. This change prevents schools from circumventing the law by disguising psychological evaluations as classroom activities. Additionally, while both versions require written parental consent, the committee substitute makes it explicit that a student cannot participate unless the school receives the signed consent, eliminating any implied or default participation.

Another notable revision is the narrowing of exceptions related to state and federal special education requirements. The originally filed bill allowed an exemption for cases mandated by such laws, but the committee substitute refines this provision to ensure schools cannot use vague legal justifications to bypass parental authority. Lastly, the implementation timeline remains unchanged, with the law taking effect immediately upon passage or by September 1, 2025, ensuring it applies for the 2025-2026 school year. These revisions make the committee substitute more precise, enforceable, and protective of parental rights while reducing the potential for misinterpretation by school districts.

Author

Lois Kolkhorst

Contact the Author

Sen. Lois Kolkhorst

Capitol Phone:

(512) 463-0118

Capitol Office:

CAP GE.4

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

The fiscal implications of SB 400 are minimal, with no anticipated cost impact to the state according to the Legislative Budget Board (LBB) fiscal note. The bill primarily introduces a procedural requirement for school districts to obtain written parental consent before conducting psychological or psychiatric examinations, tests, or treatments on students. Since no additional funding, staffing, or infrastructure is required at the state level, there are no projected financial burdens on the Texas state budget.

Regarding local government impact, the fiscal note concludes that no significant financial burden is expected for school districts or other local education entities. While schools may need to adjust their administrative processes to comply with the bill—such as updating consent forms, training staff on new requirements, and ensuring proper record-keeping—these changes are expected to be absorbed within existing school district resources. The Texas Education Agency (TEA), cited as a source agency, also does not anticipate any major fiscal effects.

In summary, SB 400 does not impose additional costs on the state or local governments. The bill primarily affects school district policies and parental engagement but does not require new funding, making its financial impact negligible.

Vote Recommendation Notes

SB 400 highlights the concerns of parents regarding student mental health assessments conducted by schools without explicit consent. The bill is a response to growing parental complaints about student surveys, screenings, and other psychological assessments that gather private and personal information without proper parental oversight. By requiring written parental consent, SB 400 strengthens parental rights in the education system and ensures that families remain in control of their children’s mental health care decisions.

A critical addition in the committee substitute is a clarification that general well-being questions asked verbally by school employees do not count as psychological check-ins. This ensures that routine conversations between teachers and students remain unaffected, avoiding unnecessary restrictions on educators while maintaining strict protections against formal psychological assessments without parental approval. Additionally, the bill maintains exceptions for cases required by child abuse laws (Section 38.004) and special education mandates, ensuring that legally required protections remain intact.

Given its strong emphasis on parental rights, limited government intervention, and student privacy, SB 400 aligns with conservative and libertarian policy principles and is a sound piece of legislation. The bill does not impose a fiscal burden on the state or local school districts, making its implementation feasible without additional costs. Texas Policy Research recommends that lawmakers vote YES on SB 400 as it upholds parental authority, limits unnecessary school interventions, and ensures transparency in student mental health assessments

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