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Senate removes ambiguous authorizations for behavioral testing outside special education
Summary
SB 38, sponsored by Senator Osman, was passed to remove statutory references that the sponsor said could permit behavioral testing for career placement or similar uses outside special‑education contexts. The Senate voted 28–0 to advance the bill.
The Senate approved SB 38, a bill intended to remove unclear or unnecessary statutory references to behavioral testing outside the context of special education.
Sponsor Senator Osman told colleagues the measure responds to constituent concerns that the code contained language authorizing some organizations to perform behavioral tests for purposes unrelated to special education, such as predictive career placement. Osman emphasized the bill does not affect behavioral testing conducted for special‑education Individualized Education Programs, which require written parental consent and local data control.
Senator Escamilla asked for an example of the tests being targeted; the sponsor said the bill addresses a blanket authorization in statute rather than a specific named test. The Senate approved SB 38 for third reading; the President announced the bill had received 28 yea votes and 0 nays (1 absent).
The sponsor said the removal of ambiguous authorizations was supported by involved organizations. The bill proceeds for enrollment after passage.
