FFE(LEGAL) - STUDENT WELFARE: STUDENT ASSISTANCE PROGRAMS/COUNSELING

Consent to Examinations, Tests, or Treatment

A district employee must obtain the written consent of a child's parent before the employee may conduct a psychological examination, test, or treatment, unless the examination, test, or treatment is required by:

  1. TEA's policy concerning child abuse investigations and reports under Education Code 38.004; or
  2. State or federal law regarding requirements for special education.

Education Code 26.009(a)(1) [See FNG]

Consent to Counseling

A child may consent to counseling for:

  1. Suicide prevention,
  2. Chemical addiction or dependency; or
  3. Sexual, physical, or emotional abuse.

Family Code 32.004(a)

Professional's Authority

A licensed or certified physician, psychologist, counselor, or social worker having reasonable grounds to believe that a child has been sexually, physically, or emotionally abused; is contemplating suicide; or is involved in chemical or drug addiction or dependency may:

  1. Counsel the child without the consent of the child's parents, managing conservator, or guardian;
  2. 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;
  3. 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

The physician, psychologist, counselor, or social worker may not counsel a child if consent is prohibited by a court order, unless consent is obtained as otherwise allowed by law.

Family Code 32.004(b), (c)

Consent to LSSP

Informed consent for a licensed specialist in school psychology (LSSP) must be obtained in accordance with the Individuals with Disabilities Education Improvement Act (IDEIA) and the U.S. Department of Education's rules governing parental consent when delivering school psychological services in the public schools, and is considered to meet the requirements for informed consent under the Texas State Board of Examiners of Psychologists (TSBEP) rules. No additional informed consent, specific to any TSBEP rules, is necessary in this context.

22 TAC 465.38(g)

Professional Immunity

A psychologist, counselor, or social worker licensed or certified by the state is not liable for damages except those damages that may result from his or her negligence or willful misconduct.

Family Code 32.004(d)

Outside Counselors

Neither a district nor an employee of a district may refer a student to an outside counselor for care or treatment of a chemical dependency or an emotional or psychological condition unless the district does all of the following:

  1. Obtains prior written consent for the referral from the student's parent, managing conservator, or guardian.
  2. Discloses to the student's parent, managing conservator, or guardian any relationship between the district and the outside counselor.
  3. 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.
  4. 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.
  5. Specifically prohibits any disclosure of a student record that violates state or federal law.

Education Code 38.010

[See FFEA for information on the comprehensive guidance program. See FFB for mental health-care services provided by the threat assessment and safe and supportive school team.]

Idalou ISD

FFE(LEGAL)-P

UPDATE 114

DATE ISSUED: 10/24/2019