Education Code § 38.010

Sec. 38.010. OUTSIDE COUNSELORS. (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. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.