FFE(LEGAL) -

Consent to Examinations, Tests, or Treatment

TEA's policy concerning child abuse investigations and reports under Education Code 38.004; or

State or federal law regarding requirements for special education.

Consent to Counseling

Suicide prevention,

Chemical addiction or dependency; or

Sexual, physical, or emotional abuse.

Family Code 32.004(a)

Professional's Authority

Counsel the child without the consent of the child's parents, managing conservator, or guardian;

With or without the consent of a child who is a client, advise the parents, managing conservator, or guardian of the treatment given to or needed by the child;

Rely on the written statement of the child containing the grounds on which the child has capacity to consent to his or her own treatment as provided above.

Exception: Court Order

Family Code 32.004(b), (c)

Professional Immunity

Family Code 32.004(d)

Outside Counselors

Obtains prior written consent for the referral from the student's parent, managing conservator, or guardian.

Discloses to the student's parent, managing conservator, or guardian any relationship between the District and the outside counselor.

Informs the student and the student's parent, managing conservator, or guardian of any alternative public or private source of care or treatment reasonably available in the area.

Requires the approval of appropriate District personnel before a student may be referred for care or treatment or before a referral is suggested as being warranted.

Specifically prohibits any disclosure of a student record that violates state or federal law.

Education Code 38.010

Lumberton ISD

FFE(LEGAL)-P

UPDATE 75

DATE ISSUED: 4/1/2005