Texas 2013 - 83rd Regular

Texas Senate Bill SB831 Compare Versions

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1	1	83R21149 MEW-D
2	2	By: Taylor S.B. No. 831
3	3	(Coleman, Marquez, Rose, Burkett,
4	4	J. Davis of Harris)
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a list of mental health, substance abuse, and suicide
10	10	prevention programs that may be selected for implementation by
11	11	public schools.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Subchapter O-1, Chapter 161,
14	14	Health and Safety Code, is amended to read as follows:
15	15	SUBCHAPTER O-1. [EARLY] MENTAL HEALTH, SUBSTANCE ABUSE,
16	16	[INTERVENTION] AND [PREVENTION OF] YOUTH SUICIDE
17	17	SECTION 2. The heading to Section 161.325, Health and
18	18	Safety Code, is amended to read as follows:
19	19	Sec. 161.325. [EARLY] MENTAL HEALTH PROMOTION AND
20	20	INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND
21	21	SUICIDE PREVENTION.
22	22	SECTION 3. Section 161.325, Health and Safety Code, is
23	23	amended by amending Subsections (a), (b), (d), (e), and (i) and
24	24	adding Subsections (a-1) and (a-2) to read as follows:
25	25	(a) The department, in coordination with the Texas
26	26	Education Agency and regional education service centers, shall
27	27	provide and annually update a list of recommended best
28	28	practice-based programs in the areas specified under Subsection
29	29	(a-1) [early mental health intervention and suicide prevention
30	30	programs] for implementation in public elementary, junior high,
31	31	middle, and high schools within the general education
32	32	setting. Each school district may select from the list a program
33	33	or programs appropriate for implementation in the district.
34	34	(a-1) The list must include programs in the following areas:
35	35	(1) early mental health intervention;
36	36	(2) mental health promotion and positive youth
37	37	development;
38	38	(3) substance abuse prevention;
39	39	(4) substance abuse intervention; and
40	40	(5) suicide prevention.
41	41	(a-2) The department, the Texas Education Agency, and each
42	42	regional education service center shall make the list easily
43	43	accessible on their websites.
44	44	(b) The programs on the list must include components that
45	45	provide for training counselors, teachers, nurses, administrators,
46	46	and other staff, as well as law enforcement officers and social
47	47	workers who regularly interact with students, to:
48	48	(1) recognize students at risk of committing suicide,
49	49	including students who are or may be the victims of or who engage in
50	50	bullying;
51	51	(2) recognize students displaying early warning signs
52	52	and a possible need for early mental health or substance abuse
53	53	intervention, which warning signs may include declining academic
54	54	performance, depression, anxiety, isolation, unexplained changes
55	55	in sleep or eating habits, and destructive behavior toward self and
56	56	others; and
57	57	(3) intervene effectively with students described by
58	58	Subdivision (1) or (2) by providing notice and referral to a parent
59	59	or guardian so appropriate action, such as seeking mental health or
60	60	substance abuse services, may be taken by a parent or guardian.
61	61	(d) The board of trustees of each school district may adopt
62	62	a policy concerning [early] mental health promotion and
63	63	intervention, substance abuse prevention and intervention, and
64	64	suicide prevention that:
65	65	(1) establishes a procedure for providing notice of a
66	66	recommendation for early mental health or substance abuse
67	67	intervention regarding a student to a parent or guardian of the
68	68	student within a reasonable amount of time after the identification
69	69	of early warning signs as described by Subsection (b)(2);
70	70	(2) establishes a procedure for providing notice of a
71	71	student identified as at risk of committing suicide to a parent or
72	72	guardian of the student within a reasonable amount of time after the
73	73	identification of early warning signs as described by Subsection
74	74	(b)(2);
75	75	(3) establishes that the district may develop a
76	76	reporting mechanism and may designate at least one person to act as
77	77	a liaison officer in the district for the purposes of identifying
78	78	students in need of early mental health or substance abuse
79	79	intervention or suicide prevention; and
80	80	(4) sets out available counseling alternatives for a
81	81	parent or guardian to consider when their child is identified as
82	82	possibly being in need of early mental health or substance abuse
83	83	intervention or suicide prevention.
84	84	(e) The policy must prohibit the use without the prior
85	85	consent of a student's parent or guardian of a medical screening of
86	86	the student as part of the process of identifying whether the
87	87	student is possibly in need of early mental health or substance
88	88	abuse intervention or suicide prevention.
89	89	(i) Nothing in this section is intended to interfere with
90	90	the rights of parents or guardians and the decision-making
91	91	regarding the best interest of the child. Policy and procedures
92	92	adopted in accordance with this section are intended to notify a
93	93	parent or guardian of a need for mental health or substance abuse
94	94	intervention so that a parent or guardian may take appropriate
95	95	action. Nothing in this section shall be construed as giving school
96	96	districts the authority to prescribe medications. Any and all
97	97	medical decisions are to be made by a parent or guardian of a
98	98	student.
99	99	SECTION 4. This Act takes effect September 1, 2013.