Consent for School Counseling Services

Texas Senate Bill 12 (Texas Education Code §26.009T), passed by the 89th Texas Legislature, is designed to give parents and guardians a greater role in decisions regarding their child’s health and well-being at school. SB 12 requires school districts to notify parents/guardians and obtain written consent before certain mental or behavioral health services are provided, such as suicidality or self-harm screeners, rating scales, or other assessments administered by school counselors, psychological service providers, or other qualified staff.

In accordance with the law, the District must notify parents of staff services related to school counseling and give parents the opportunity to opt out before those services are provided to their child.

The SB12 Parent /Guardian Consent Form allows parents/guardians to opt in or opt out of school counseling services. A form must be completed for each student enrolled in Cleveland ISD.

School counseling services are more fully explained in board policy FFEA, and student mental health is covered in board policy FFEB. Information about threat assessments can be found in board policy FFB.

All District employees:

Shall report alleged abuse or neglect of a student as required by law; and
May verbally inquire about a student’s daily well-being without parental consent.

District employees and contractors will not provide assistance with social transitioning.

Under state law, a child may consent to counseling for themselves as it relates to suicide prevention, chemical addiction or dependency, or sexual, physical, or emotional abuse.

Routine Counseling Services

State law requires school counselors to provide the following services as part of a Comprehensive School Counseling Program:

A guidance curriculum to help students develop their full educational potential, including their interests and career objectives.
A responsive services component to intervene on behalf of any student whose immediate personal concerns or problems put the student's continued educational, career, personal, or social development at risk.
An individual planning system to guide a student in planning, monitoring, and managing their own educational, career, personal, and social development.
System support to support the efforts of teachers, staff, parents, and other members of the community in promoting the educational, career, personal, and social development of students.

School counselors routinely provide the following services:

Advise students and their parents regarding the importance of postsecondary education, coursework designed to prepare students for postsecondary education, and financial aid availability and requirements;
Early mental health prevention and intervention.
Building skills related to managing emotions, establishing and maintaining positive relationships, and responsible decision-making;
Substance abuse prevention and intervention;
Suicide prevention, intervention, and postvention;
Grief-informed and trauma-informed practices;
Positive school climates, meaning the quality and character of school life, including interpersonal relationships, teaching and learning practices, and organizational structures, as experienced by students enrolled in the District, parents of those students, and personnel employed by the District;
Positive behavior interventions and supports;
Positive youth development; and
Safe, supportive, and positive school climate.

Parental Consent

Under state law, an employee or contractor of the District must obtain the written consent of a child’s parent before the employee or contractor may conduct a psychological or psychiatric examination or test, or psychological or psychiatric treatment (“mental health-related services”), unless the examination, test, or treatment is required under law. Completing this form with a response of NO will constitute an opt-out of the services listed below.

These terms are defined by law:

“Psychological or psychiatric examination or test” as a method designed to elicit information regarding an attitude, habit, trait, opinion, belief, feeling, or mental disorder or a condition thought to lead to a mental disorder, regardless of the manner in which the method is presented or characterized, including a method that is presented or characterized as a survey, check-in, or screening or is embedded in an academic lesson.
“Psychological or psychiatric treatment” means the planned, systematic use of a method or technique that is designed to affect behavioral, emotional, or attitudinal characteristics of an individual or group.

A parent may opt out of mental health-related services annually, and consent may be revoked or reinstated at any time with written notice signed by the parent. Please note that opting out may have a negative impact on students who are struggling emotionally.

A parent may not opt out of the following:

School district emergency responses;
Law enforcement or Department of Family and Protective Services activities;
Behavioral threat assessment required by law; or
Other rights or duties required by law, including the Texas Family Code.

Under state law, before administering a student well-being questionnaire or health screening form, the District must provide a copy to the student’s parent and obtain the parent’s consent.

Should the District recommend additional mental health care or the completion of a form or questionnaire, the form will be provided to the parent, and consent will be obtained before the form or services are provided to the student.