By: Taylor S.B. No. 831
(In the Senate - Filed February 26, 2013; March 5, 2013,
read first time and referred to Committee on Education;
April 2, 2013, reported favorably by the following vote: Yeas 8,
Nays 0; April 2, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to a list of mental health, substance abuse, and suicide
prevention programs that may be selected for implementation by
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter O-1, Chapter 161,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER O-1. [EARLY] MENTAL HEALTH, SUBSTANCE ABUSE,
[INTERVENTION] AND [PREVENTION OF] YOUTH SUICIDE
SECTION 2. The heading to Section 161.325, Health and
Safety Code, is amended to read as follows:
Sec. 161.325. [EARLY] MENTAL HEALTH PROMOTION AND
INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND
SUICIDE PREVENTION.
SECTION 3. Section 161.325, Health and Safety Code, is
amended by amending Subsections (a), (b), (d), (e), and (i) and
adding Subsections (a-1) and (a-2) to read as follows:
(a) The department, in coordination with the Texas
Education Agency and regional education service centers, shall
provide and annually update a list of recommended best
practice-based programs in the areas specified under Subsection
(a-1) [early mental health intervention and suicide prevention
programs] for implementation in public elementary, junior high,
middle, and high schools within the general education
setting. Each school district may select from the list a program
or programs appropriate for implementation in the district.
(a-1) The list must include programs in the following areas:
(1) early mental health intervention;
(2) culturally competent mental health promotion and
positive youth development;
(3) substance abuse prevention;
(4) substance abuse intervention; and
(5) suicide prevention.
(a-2) The department, the Texas Education Agency, and each
regional education service center shall make the list easily
accessible on their websites.
(b) The programs on the list must include components that
provide for training counselors, teachers, nurses, administrators,
and other staff, as well as law enforcement officers and social
workers who regularly interact with students, to:
(1) recognize students at risk of committing suicide,
including students who are or may be the victims of or who engage in
bullying;
(2) recognize students displaying early warning signs
and a possible need for early mental health or substance abuse
intervention, which warning signs may include declining academic
performance, depression, anxiety, isolation, unexplained changes
in sleep or eating habits, and destructive behavior toward self and
others; and
(3) intervene effectively with students described by
Subdivision (1) or (2) by providing notice and referral to a parent
or guardian so appropriate action, such as seeking mental health or
substance abuse services, may be taken by a parent or guardian.
(d) The board of trustees of each school district may adopt
a policy concerning [early] mental health promotion and
intervention, substance abuse prevention and intervention, and
suicide prevention that:
(1) establishes a procedure for providing notice of a
recommendation for early mental health or substance abuse
intervention regarding a student to a parent or guardian of the
student within a reasonable amount of time after the identification
of early warning signs as described by Subsection (b)(2);
(2) establishes a procedure for providing notice of a
student identified as at risk of committing suicide to a parent or
guardian of the student within a reasonable amount of time after the
identification of early warning signs as described by Subsection
(b)(2);
(3) establishes that the district may develop a
reporting mechanism and may designate at least one person to act as
a liaison officer in the district for the purposes of identifying
students in need of early mental health or substance abuse
intervention or suicide prevention; and
(4) sets out available counseling alternatives for a
parent or guardian to consider when their child is identified as
possibly being in need of early mental health or substance abuse
intervention or suicide prevention.
(e) The policy must prohibit the use without the prior
consent of a student's parent or guardian of a medical screening of
the student as part of the process of identifying whether the
student is possibly in need of early mental health or substance
abuse intervention or suicide prevention.
(i) Nothing in this section is intended to interfere with
the rights of parents or guardians and the decision-making
regarding the best interest of the child. Policy and procedures
adopted in accordance with this section are intended to notify a
parent or guardian of a need for mental health or substance abuse
intervention so that a parent or guardian may take appropriate
action. Nothing in this section shall be construed as giving school
districts the authority to prescribe medications. Any and all
medical decisions are to be made by a parent or guardian of a
student.
SECTION 4. This Act takes effect September 1, 2013.
* * * * *