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Is There a Doctor (and Consent) in the House?

As you are all aware, SB 12 requires districts to provide parents notice of what routine health services are offered at the campus the student attends.  This notice is required to be provided either at the beginning of the year or upon the student’s enrollment in the district. In this notice, parents are given the right to withhold consent or decline a service for their student. In the absence of guidance prior to the beginning of the year, districts were left to their own devices to generate forms or online consent acknowledgements to comply with the law. Now, TEA has developed a model notice for districts to use. It may be amended or edited as each district sees fit so long as all statutory requirements have been met. The form includes an opt-out section for health-related services such as first-aid, while requiring parents to specifically opt-in for health-care services, such as medical treatment.

TEA’s draft rule, published September 8, 2025, puts forth a new section of the Administrative Code, titled “Procedure Related to Notification to a Student’s Parent Regarding the Student’s Mental, Emotional, or Physical Health or Well-Being.” This section will be found at 19 Tex. Admin. Code §103.1105 and includes further guidance on implementing SB 12’s mandates regarding parent notification of any changes in services to or monitoring of the student related to the student’s mental, emotional, or physical health or well-being. Notably, it defines key terms like “health-related services” as “services that are typically short-term, noninvasive activities designed to promote a student’s mental, emotional, or physical health or well-being, but are not considered a health-care service…These services would include, but not be limited to, school counseling services related to mental or emotional health; nutrition health and education beyond what is taught through grade-level or course instruction; physical health screenings such as scoliosis and vision; first aid; mental health screenings; social skills training; stress management; wellness promotion and education; opportunities for physical activity; emotional regulation activities; substance abuse prevention; suicide prevention; crisis prevention training; and other services offered in alignment with decisions made by the local school health advisory council. General caretaking is not a health-related service.” See proposed 19 Tex. Admin. Code §103.1105(b)(8).

This section also defines “health-care services” as “services that would meet the definition of either psychological or psychiatric examination or test or psychological or psychiatric treatment, as well as services that involve medical treatment, medical procedures, or dispensing medication.” See proposed 19 Tex. Admin. Code §103.1105(b)(7).

This definition is consistent with the distinction that was communicated earlier regarding routine vs. diagnostic/evaluative services. Having some clear parameters on these different services helps districts comply with the law while also ensuring students’ needs are met. It should be noted that the draft rule also addresses notification prior to engaging in a Behavioral Threat Assessment. Questions arose as to whether components of those tools, even those sanctioned by the Texas School Safety Center, were diagnostic or evaluative thus requiring additional consent prior to engaging in a Behavioral Threat Assessment. The draft rule addresses these questions by clarifying that “[p]arental notifications for behavioral threat assessments are exempt from the requirements of this rule and will be made in accordance with TEC, Section 37.115, and the requirements set by TEA and the Texas School Safety Center.” See proposed 19 Tex. Admin. Code §103.1105(u).

In light of the updated definitions, TEA’s model form provides flexibility to add a significant amount into the opt-in or health-related services section, as well as providing space for diagnostic and evaluative services offered by the District. These do not need to be sent out in paper form, but may be digitized for easier dissemination and recordkeeping. All in all, this guidance is helpful and may ease some consternation that was present at the beginning of the year. That said, this is just a draft rule so it could change before the final iteration. See Model Notice.

Stay tuned for more updates from the Commissioner!