(a) A school district or school district employee may not refer a student to an outside counselor for care or treatment of a chemical dependency or an emotional or psychological condition unless the district:
(1) obtains prior written consent for the referral from the student’s parent;
(2) discloses to the student’s parent any relationship between the district and the outside counselor;
(3) informs the student and the student’s parent of any alternative public or private source of care or treatment reasonably available in the area;
(4) requires the approval of appropriate school district personnel before a student may be referred for care or treatment or before a referral is suggested as being warranted; and
(5) specifically prohibits any disclosure of a student record that violates state or federal law.
(b) In this section, “parent” includes a managing conservator or guardian.

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Terms Used In Texas Education Code 38.010

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005