Texas Education Code

Sec. § 29.0041
Information and Consent for Certain Psychological Examinations or Tests


On request of a child’s parent, before obtaining the parent’s consent under 20 U.S.C. Section 1414 for the administration of any psychological examination or test to the child that is included as part of the evaluation of the child’s need for special education, a school district shall provide to the child’s parent:


the name and type of the examination or test; and


an explanation of how the examination or test will be used to develop an appropriate individualized education program for the child.


If the district determines that an additional examination or test is required for the evaluation of a child’s need for special education after obtaining consent from the child’s parent under Subsection (a), the district shall provide the information described by Subsections (a)(1) and (2) to the child’s parent regarding the additional examination or test and shall obtain additional consent for the examination or test.


The time required for the district to provide information and seek consent under Subsection (b) may not be counted toward the 60 calendar days for completion of an evaluation under Section 29.004 (Full Individual and Initial Evaluation). If a parent does not give consent under Subsection (b) within 20 calendar days after the date the district provided to the parent the information required by that subsection, the parent’s consent is considered denied.
Added by Acts 2003, 78th Leg., ch. 1008, Sec. 2, eff. June 20, 2003.

Last accessed
Jun. 7, 2021