Texas Codes

Tex. Educ. Code § 38.053 (2026)

Parental Consent Required

✓ current as of May 2026
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Sec. 38.053. PARENTAL CONSENT REQUIRED. (a) A school-based health center may provide services to a student only if the district or the provider with whom the district contracts obtains the written consent of the student's parent or guardian or another person having legal control of the student on a consent form developed by the district or provider. The student's parent or guardian or another person having legal control of the student may give consent for a student to receive ongoing services or may limit consent to one or more services provided on a single occasion.

(b) The consent form must list every service the school-based health center delivers in a format that complies with all applicable state and federal laws and allows a person to consent to one or more categories of services.

Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.

Notes of Decisions
Cited in 2 cases, 2018–2018 · leading case: in the Interest of H.S., a Minor Child, 550 S.W.3d 151 (Tex. 2018).
in the Interest of H.S., a Minor Child, 550 S.W.3d 151 (Tex. 2018). “, Uniform Child Custody Jurisdiction and Enforcement Act, TEX. FAM. CODE § 152.”
in the Interest of H.S., a Minor Child (Tex. 2018). “10 defined as “the managing conservatorship of a child”—and “physical custody”—defined as “the physical care and supervision of a child”); TEX. EDUC. CODE § 38.053 (“The student’s parent or guardian or another person having legal control of the student may give consent for a…”
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