85R15357 GCB-F
By: Price H.B. No. 11
A BILL TO BE ENTITLED
AN ACT
relating to consideration of the mental health of public school
students in school planning, educator training requirements,
curriculum requirements, educational programs, state and regional
programs and services, and health care services for students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. MENTAL HEALTH OF STUDENTS IN PUBLIC SCHOOLS
SECTION 1.01. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.183 to read as follows:
Sec. 11.183. SAFE AND SUPPORTIVE SCHOOL CLIMATE ASSESSMENT
AND PROMOTION. (a) In this section:
(1) "Behavioral health disorder" means co-occurring
mental illness and substance abuse.
(2) "Mental illness" means an illness, disease, or
condition, other than epilepsy, dementia, substance abuse, or
intellectual or developmental disability, that:
(A) substantially impairs a person's thought,
perception of reality, emotional process, or judgment; or
(B) grossly impairs behavior as demonstrated by
recent disturbed behavior.
(3) "Substance abuse" means a patterned use of a
substance, including a controlled substance, as defined by Chapter
481, Health and Safety Code, and alcohol, in which the person
consumes the substance in amounts or with methods that are harmful
to the person's self or to others.
(b) The board of trustees of each independent school
district shall adopt a process for assessing whether the school
climate in the district and each campus in the district is safe and
supportive and promotes the social and emotional wellness of
students.
(c) The board shall adopt a policy to promote a safe and
supportive school climate in the district and each campus in the
district that includes the use of:
(1) instructional methods and trauma-informed
practices for promoting a safe and supportive school climate and
social and emotional wellness; and
(2) special programs addressing students' mental
illness, substance abuse, and behavioral health disorder
challenges.
SECTION 1.02. Section 11.252(a), Education Code, is amended
to read as follows:
(a) Each school district shall have a district improvement
plan that is developed, evaluated, and revised annually, in
accordance with district policy, by the superintendent with the
assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to
guide district and campus staff in the improvement of student
performance for all student groups in order to attain state
standards in respect to the achievement indicators adopted under
Sections 39.053(c)(1)-(4). The district improvement plan must
include provisions for:
(1) a comprehensive needs assessment addressing
district student performance on the achievement indicators, and
other appropriate measures of performance, that are disaggregated
by all student groups served by the district, including categories
of ethnicity, socioeconomic status, sex, and populations served by
special programs, including students in special education programs
under Subchapter A, Chapter 29;
(2) measurable district performance objectives for
all appropriate achievement indicators for all student
populations, including students in special education programs
under Subchapter A, Chapter 29, and other measures of student
performance that may be identified through the comprehensive needs
assessment;
(3) strategies for improvement of student performance
that include:
(A) instructional methods for addressing the
needs of student groups not achieving their full potential;
(B) methods for addressing the needs of students
for special programs, including:
(i) suicide prevention programs, in
accordance with Subchapter G [O-1], Chapter 38 [161, Health and
Safety Code], which include [includes] a parental or guardian
notification procedure;
(ii) conflict resolution programs;
(iii) violence prevention programs; and
(iv) dyslexia treatment programs;
(C) dropout reduction;
(D) integration of technology in instructional
and administrative programs;
(E) positive behavior [discipline] management;
(F) staff development for professional staff of
the district;
(G) career education to assist students in
developing the knowledge, skills, and competencies necessary for a
broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing to middle school, junior
high school, and high school students, those students' teachers and
school counselors, and those students' parents information about:
(A) higher education admissions and financial
aid opportunities;
(B) the TEXAS grant program and the Teach for
Texas grant program established under Chapter 56;
(C) the need for students to make informed
curriculum choices to be prepared for success beyond high school;
and
(D) sources of information on higher education
admissions and financial aid;
(5) resources needed to implement identified
strategies;
(6) staff responsible for ensuring the accomplishment
of each strategy;
(7) timelines for ongoing monitoring of the
implementation of each improvement strategy;
(8) formative evaluation criteria for determining
periodically whether strategies are resulting in intended
improvement of student performance; and
(9) the policy under Section 38.0041 addressing sexual
abuse and other maltreatment of children.
SECTION 1.03. Section 21.001, Education Code, is amended to
read as follows:
Sec. 21.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Behavioral health disorder," "mental illness,"
and "substance abuse" have the meanings assigned by Section 11.183.
(2) "Commissioner"[, "commissioner"] includes a
person designated by the commissioner.
SECTION 1.04. Section 21.044(c-1), Education Code, is
amended to read as follows:
(c-1) Any minimum academic qualifications for a certificate
specified under Subsection (a) that require a person to possess a
bachelor's degree must also require that the person receive, as
part of the training required to obtain that certificate,
instruction regarding mental health, substance abuse, and youth
suicide. The instruction required must:
(1) be provided through a program selected from the
list of recommended best practice-based programs established under
Section 38.301 [161.325, Health and Safety Code]; and
(2) include effective strategies [for teaching and
intervening with students with mental or emotional disorders],
including de-escalation techniques and positive behavioral
interventions and supports, for teaching and intervening with
students with mental illness or a behavioral health disorder or who
engage in substance abuse.
SECTION 1.05. Section 21.054, Education Code, is amended by
amending Subsections (d), (e), (f), and (g) and adding Subsection
(d-2) to read as follows:
(d) Continuing education requirements for a classroom
teacher must provide that not more than 25 percent of the training
required every five years include instruction regarding:
(1) collecting and analyzing information that will
improve effectiveness in the classroom;
(2) recognizing early warning indicators that a
student may be at risk of dropping out of school;
(3) integrating technology into classroom
instruction; and
(4) educating diverse student populations, including:
(A) students with learning disabilities[,
including mental health disorders];
(B) students with intellectual or developmental
disabilities;
(C) students with mental illness or a behavioral
health disorder or who engage in substance abuse;
(D) students who are educationally
disadvantaged;
(E) [(C)] students of limited English
proficiency; and
(F) [(D)] students at risk of dropping out of
school.
(d-2) Continuing education requirements for an educator may
include instruction regarding how grief and trauma affect student
learning and behavior and how evidence-based, grief-informed, and
trauma-informed strategies support the academic success of
students affected by grief and trauma.
(e) Continuing education requirements for a principal must
provide that not more than 25 percent of the training required every
five years include instruction regarding:
(1) effective and efficient management, including:
(A) collecting and analyzing information;
(B) making decisions and managing time; and
(C) supervising student discipline and managing
behavior;
(2) recognizing early warning indicators that a
student may be at risk of dropping out of school;
(3) integrating technology into campus curriculum and
instruction; and
(4) educating diverse student populations, including:
(A) students with learning disabilities[,
including mental health disorders];
(B) students with intellectual or developmental
disabilities;
(C) students with mental illness or a behavioral
health disorder or who engage in substance abuse;
(D) students who are educationally
disadvantaged;
(E) [(C)] students of limited English
proficiency; and
(F) [(D)] students at risk of dropping out of
school.
(f) Continuing education requirements for a counselor must
provide that not more than 25 percent of training required every
five years include instruction regarding:
(1) assisting students in developing high school
graduation plans;
(2) implementing dropout prevention strategies; [and]
(3) informing students concerning:
(A) college admissions, including college
financial aid resources and application procedures; and
(B) career opportunities; and
(4) counseling students concerning mental illness,
behavioral health disorders, and substance abuse.
(g) The board shall adopt rules that allow an educator to
fulfill [up to 12 hours of] continuing education requirements by
participating in a mental health first aid training program offered
by a local mental health authority under Section 1001.203, Health
and Safety Code. The rules adopted under this subsection must allow
an educator who completes a mental health first aid training
program offered:
(1) using an online or videoconferencing format to
fulfill not more than eight hours of continuing education
requirements; or
(2) through a classroom instruction format that
requires in-person attendance to fulfill not more than 16 hours of
continuing education requirements, with the educator permitted to
receive credit for twice the number of hours of instruction
provided. [The number of hours of continuing education an educator
may fulfill under this subsection may not exceed the number of hours
the educator actually spends participating in a mental health first
aid training program.]
SECTION 1.06. Sections 21.451(d) and (d-1), Education Code,
are amended to read as follows:
(d) The staff development:
(1) may include training in:
(A) recognizing signs of mental illness,
behavioral health disorders, and substance abuse;
(B) technology;
(C) [(B)] conflict resolution;
(D) [(C)] discipline strategies, including
classroom management, district discipline policies, and the
student code of conduct adopted under [Section 37.001 and] Chapter
37; and
(E) [(D)] preventing, identifying, responding
to, and reporting incidents of bullying;
(2) subject to Subsection (e) and to Section 21.3541
and rules adopted under that section, must include training that is
evidence-based [based on scientifically based research], as
defined by Section 8101, Every Student Succeeds Act, [9101, No
Child Left Behind Act of 2001] (20 U.S.C. Section 7801), and that:
(A) relates to instruction of students with
disabilities; and
(B) is designed for educators who work primarily
outside the area of special education; and
(3) must include suicide prevention training that must
be provided:
(A) on an annual basis, as part of a new employee
orientation, to all new school district and open-enrollment charter
school educators; and
(B) to existing school district and
open-enrollment charter school educators on a schedule adopted by
the agency by rule.
(d-1) The suicide prevention training required by
Subsection (d)(3) must use a best practice-based program
recommended by the Health and Human Services Commission [Department
of State Health Services] in coordination with the agency under
Section 38.301 [161.325, Health and Safety Code].
SECTION 1.07. Subchapter J, Chapter 21, Education Code, is
amended by adding Section 21.462 to read as follows:
Sec. 21.462. RESOURCES FOR TEACHERS OF STUDENTS WITH MENTAL
HEALTH NEEDS. The agency, in coordination with the Health and Human
Services Commission, shall establish and maintain an Internet
website to provide resources for teachers regarding teaching
students with mental illness or a behavioral health disorder or who
engage in substance abuse.
SECTION 1.08. Section 21.463, Education Code, is amended to
read as follows:
Sec. 21.463. RESOURCES FOR TEACHERS OF STUDENTS WITH
SPECIAL PHYSICAL HEALTH NEEDS. The agency, in coordination with
the Health and Human Services Commission, shall establish and
maintain an Internet website to provide resources for teachers who
teach students with special physical health needs. The agency
shall include on the website information about:
(1) the treatment and management of chronic physical
illnesses and how such illnesses impact a student's well-being or
ability to succeed in school; and
(2) food allergies that are common among students,
including information about preventing exposure to a specific food
when necessary to protect a student's health and information about
treating a student suffering from an allergic reaction to a food.
SECTION 1.09. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0011 to read as follows:
Sec. 28.0011. DEFINITIONS. In this chapter, "behavioral
health disorder," "mental illness," and "substance abuse" have the
meanings assigned by Section 11.183.
SECTION 1.10. Sections 28.002(a) and (r), Education Code,
are amended to read as follows:
(a) Each school district that offers kindergarten through
grade 12 shall offer, as a required curriculum:
(1) a foundation curriculum that includes:
(A) English language arts;
(B) mathematics;
(C) science; and
(D) social studies, consisting of Texas, United
States, and world history, government, economics, with emphasis on
the free enterprise system and its benefits, and geography; and
(2) an enrichment curriculum that includes:
(A) to the extent possible, languages other than
English;
(B) physical health, with emphasis on the
importance of proper nutrition and exercise;
(C) mental health, with emphasis on instruction
about mental illness, behavioral health disorders, and substance
abuse;
(D) physical education;
(E) [(D)] fine arts;
(F) [(E)] career and technology education;
(G) [(F)] technology applications;
(H) [(G)] religious literature, including the
Hebrew Scriptures (Old Testament) and New Testament, and its impact
on history and literature; and
(I) [(H)] personal financial literacy.
(r) In adopting the essential knowledge and skills for the
mental health curriculum under Subsection (a)(2)(C) [(a)(2)(B)],
the State Board of Education shall adopt essential knowledge and
skills that address the dangers, causes, consequences, signs,
symptoms, and treatment of binge drinking, [and] alcohol poisoning,
and substance abuse. The agency shall compile a list of
evidence-based substance abuse [alcohol] awareness programs from
which a school district shall choose a program to use in the
district's middle school, junior high school, and high school
mental health curriculum. In this subsection, "evidence-based
substance abuse [alcohol] awareness program" means a program,
practice, or strategy that has been proven to effectively prevent
substance abuse [or delay alcohol use] among students, as
determined by evaluations that use valid and reliable measures and
that are published in peer-reviewed journals.
SECTION 1.11. Sections 28.004(c), (d), and (k), Education
Code, are amended to read as follows:
(c) The local school health advisory council's duties
include recommending:
(1) the number of hours of instruction to be provided
in physical health education and in mental health education;
(2) policies, procedures, strategies, and curriculum
appropriate for specific grade levels designed to prevent physical
health concerns, including obesity, cardiovascular disease, Type 2
diabetes, and mental health concerns through coordination of:
(A) health education, which must equally address
physical health concerns and mental health concerns to ensure the
integration of physical health education and mental health
education;
(B) physical education and physical activity;
(C) nutrition services;
(D) parental involvement;
(E) instruction to prevent the use of tobacco;
(F) school health services;
(G) counseling and guidance services;
(H) a safe and healthy school environment; and
(I) school employee wellness;
(3) appropriate grade levels and methods of
instruction for human sexuality instruction;
(4) strategies for integrating the curriculum
components specified by Subdivision (2) with the following elements
in a coordinated school health program for the district:
(A) school health services, including physical
health services and mental health services, if provided at a campus
by the district or by a third party under a contract with the
district;
(B) counseling and guidance services;
(C) a safe and healthy school environment; and
(D) school employee wellness; and
(5) if feasible, joint use agreements or strategies
for collaboration between the school district and community
organizations or agencies.
(d) The board of trustees shall appoint at least five
members to the local school health advisory council. A majority of
the members must be persons who are parents of students enrolled in
the district and who are not employed by the district. One of those
members shall serve as chair or co-chair of the council. The board
of trustees shall appoint at least one psychiatrist or nonphysician
mental health professional, as defined by Section 38.0101. For
each school year for which the board of trustees is unable to
appoint a psychiatrist or nonphysician mental health professional,
the board must submit to the commissioner a statement that the board
was unable to appoint a psychiatrist or nonphysician mental health
professional despite a good faith effort to do so. The board of
trustees also may appoint one or more persons from each of the
following groups or a representative from a group other than a group
specified under this subsection:
(1) public school teachers;
(2) public school administrators;
(3) district students;
(4) health care professionals;
(5) the business community;
(6) law enforcement;
(7) senior citizens;
(8) the clergy;
(9) nonprofit health organizations; and
(10) local domestic violence programs.
(k) A school district shall publish in the student handbook
and post on the district's Internet website, if the district has an
Internet website:
(1) a statement of the policies adopted to promote the
physical health and mental health of students, the physical health
and mental health resources available at each campus, contact
information for the nearest providers of essential public health
services under Chapter 121, Health and Safety Code, and the contact
information for the nearest local mental health authority;
(2) a statement of the policies adopted to ensure that
elementary school, middle school, and junior high school students
engage in at least the amount and level of physical activity
required by Section 28.002(l);
(3) [(2)] a statement of:
(A) the number of times during the preceding year
the district's school health advisory council has met;
(B) whether the district has adopted and enforces
policies to ensure that district campuses comply with agency
vending machine and food service guidelines for restricting student
access to vending machines; and
(C) whether the district has adopted and enforces
policies and procedures that prescribe penalties for the use of
e-cigarettes, as defined by Section 38.006, and tobacco products by
students and others on school campuses or at school-sponsored or
school-related activities; and
(4) [(3)] a statement providing notice to parents that
they can request in writing their child's physical fitness
assessment results at the end of the school year.
SECTION 1.12. Section 29.003(b), Education Code, is amended
to read as follows:
(b) A student is eligible to participate in a school
district's special education program if the student:
(1) is not more than 21 years of age and has a visual or
auditory impairment that prevents the student from being adequately
or safely educated in public school without the provision of
special services; or
(2) is at least three but not more than 21 years of age
and has one or more of the following disabilities that prevents the
student from being adequately or safely educated in public school
without the provision of special services:
(A) physical disability;
(B) intellectual or developmental disability
[mental retardation];
(C) mental health disorder or social-emotional
disorder [emotional disturbance];
(D) learning disability;
(E) autism;
(F) speech disability; or
(G) traumatic brain injury.
SECTION 1.13. Sections 29.004(a), (a-1), and (c), Education
Code, are amended to read as follows:
(a) A written report of a full individual and initial
evaluation of a student for purposes of special education services
shall be completed as follows, except as otherwise provided by this
section:
(1) not later than the 20th [45th] school day
following the date on which the school district, in accordance with
20 U.S.C. Section 1414(a), as amended, receives written consent for
the evaluation, signed by the student's parent or legal guardian,
except that if a student has been absent from school during that
period on three or more days, that period must be extended by a
number of school days equal to the number of school days during that
period on which the student has been absent; or
(2) for students under five years of age on [by]
September 1 of the school year and not enrolled in public school and
for students enrolled in a private or home school setting, not later
than the 20th [45th] school day following the date on which the
school district receives written consent for the evaluation, signed
by a student's parent or legal guardian.
(a-1) If a school district receives written consent signed
by a student's parent or legal guardian for a full individual and
initial evaluation of a student at least 10 [35] but less than 20
[45] school days before the last instructional day of the school
year, the evaluation must be completed and the written report of the
evaluation must be provided to the parent or legal guardian not
later than June 30 of that year. The student's admission, review,
and dismissal committee shall meet not later than the seventh
[15th] school day of the following school year to consider the
evaluation. If a district receives written consent signed by a
student's parent or legal guardian less than 10 [35] school days
before the last instructional day of the school year, or if the
district receives the written consent at least 10 [35] but less than
20 [45] school days before the last instructional day of the school
year but the student is absent from school during that period on
three or more days, Subsection (a)(1) applies to the date the
written report of the full individual and initial evaluation is
required.
(c) If a parent or legal guardian makes a written request to
a school district's director of special education services or to a
district administrative employee for a full individual and initial
evaluation of a student, the district shall, not later than the
seventh [15th] school day after the date the district receives the
request:
(1) provide an opportunity for the parent or legal
guardian to give written consent for the evaluation; or
(2) refuse to provide the evaluation and provide the
parent or legal guardian with notice of procedural safeguards under
20 U.S.C. Section 1415(b).
SECTION 1.14. Section 29.0041, Education Code, is amended
to read as follows:
Sec. 29.0041. INFORMATION AND CONSENT FOR CERTAIN MENTAL
HEALTH ASSESSMENTS, EVALUATIONS, OR EXAMINATIONS [PSYCHOLOGICAL
EXAMINATIONS OR TESTS]. (a) 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 mental health assessment, evaluation, or
[psychological] examination of [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:
(1) the name and type of the assessment, evaluation,
or examination [or test]; and
(2) an explanation of how the assessment, evaluation,
or examination [or test] will be used to develop an appropriate
individualized education program for the child.
(b) If the district determines that an additional mental
health assessment, evaluation, or 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
mental health assessment, evaluation, or examination [or test] and
shall obtain additional consent for the assessment, evaluation, or
examination [or test].
(c) The time required for the district to provide
information and seek consent under Subsection (b) may not be
counted toward the 20 school [60 calendar] days for completion of an
evaluation under Section 29.004. If a parent does not give consent
under Subsection (b) within 10 school [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.
SECTION 1.15. Section 29.011(b), Education Code, is amended
to read as follows:
(b) The commissioner shall require each school district or
shared services arrangement to designate at least one employee to
serve as the district's or shared services arrangement's designee
on transition and employment services for students enrolled in
special education programs under this subchapter. The commissioner
shall develop minimum training guidelines for a district's or
shared services arrangement's designee. An individual designated
under this subsection must provide information and resources about
effective transition planning and services and interagency
coordination to ensure that local school staff communicate and
collaborate with:
(1) students enrolled in special education programs
under this subchapter and the parents of those students; and
(2) as appropriate, local and regional staff of [the]:
(A) the Health and Human Services Commission;
(B) the [Department of Aging and Disability
Services;
[(C) Department of Assistive and Rehabilitative
Services;
[(D)] Department of State Health Services; [and]
(C) the [(E)] Department of Family and Protective
Services; and
(D) any other health and human services agency,
as defined by Section 531.001, Government Code, that provides
relevant services.
SECTION 1.16. Section 29.012(d), Education Code, is amended
to read as follows:
(d) The agency [Texas Education Agency], the Health and
Human Services Commission, and the Department of Family and
Protective Services [Texas Department of Mental Health and Mental
Retardation, the Texas Department of Human Services, the Texas
Department of Health, the Department of Protective and Regulatory
Services, the Interagency Council on Early Childhood Intervention,
the Texas Commission on Alcohol and Drug Abuse, and the Texas
Juvenile Justice Department] by a cooperative effort shall develop
and by rule adopt a memorandum of understanding. The memorandum
must:
(1) establish the respective responsibilities of
school districts and of residential facilities for the provision of
a free, appropriate public education, as required by the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) and its subsequent amendments, including each requirement
for children with disabilities who reside in those facilities;
(2) coordinate regulatory and planning functions of
the parties to the memorandum;
(3) establish criteria for determining when a public
school will provide educational services;
(4) provide for appropriate educational space when
education services will be provided at the residential facility;
(5) establish measures designed to ensure the safety
of students and teachers; and
(6) provide for binding arbitration consistent with
Chapter 2009, Government Code, and Section 154.027, Civil Practice
and Remedies Code.
SECTION 1.17. Section 29.015(b), Education Code, is amended
to read as follows:
(b) A foster parent may act as a parent of a child with a
disability, as authorized under 20 U.S.C. Section 1415(b) and its
subsequent amendments, if:
(1) the Department of Family and Protective [and
Regulatory] Services is appointed as the temporary or permanent
managing conservator of the child;
(2) the child has been placed with the foster parent
for at least 60 days;
(3) the foster parent agrees to:
(A) participate in making educational decisions
on the child's behalf; and
(B) complete a training program for surrogate
parents that complies with minimum standards established by agency
rule; and
(4) the foster parent has no interest that conflicts
with the child's interests.
SECTION 1.18. Section 29.081(d), Education Code, is amended
to read as follows:
(d) For purposes of this section, "student at risk of
dropping out of school" includes each student who is under 26 years
of age and who:
(1) was not advanced from one grade level to the next
for one or more school years;
(2) if the student is in grade 7, 8, 9, 10, 11, or 12,
did not maintain an average equivalent to 70 on a scale of 100 in two
or more subjects in the foundation curriculum during a semester in
the preceding or current school year or is not maintaining such an
average in two or more subjects in the foundation curriculum in the
current semester;
(3) did not perform satisfactorily on an assessment
instrument administered to the student under Subchapter B, Chapter
39, and who has not in the previous or current school year
subsequently performed on that instrument or another appropriate
instrument at a level equal to at least 110 percent of the level of
satisfactory performance on that instrument;
(4) if the student is in prekindergarten,
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
a readiness test or assessment instrument administered during the
current school year;
(5) is pregnant or is a parent;
(6) has been placed in a disciplinary [an] alternative
education program in accordance with Section 37.006 during the
preceding or current school year;
(7) has been expelled in accordance with Section
37.007 during the preceding or current school year;
(8) is currently on parole, probation, deferred
prosecution, or other conditional release;
(9) was previously reported through the Public
Education Information Management System (PEIMS) to have dropped out
of school;
(10) is a student of limited English proficiency, as
defined by Section 29.052;
(11) is in the custody or care of the Department of
Family and Protective [and Regulatory] Services or has, during the
current school year, been referred to the department by a school
official, officer of the juvenile court, or law enforcement
official;
(12) is homeless, as defined by 42 U.S.C. Section
11302, and its subsequent amendments; or
(13) resided in the preceding school year or resides
in the current school year in a residential placement facility in
the district, including a detention facility, substance abuse
treatment facility, emergency shelter, psychiatric hospital,
halfway house, or foster group home.
SECTION 1.19. Section 30.0015(b), Education Code, is
amended to read as follows:
(b) The agency by rule shall develop and annually
disseminate standards for a school district's transfer of an
assistive technology device to an entity listed in this subsection
when a student with a disability using the device changes the school
of attendance in the district or ceases to attend school in the
district that purchased the device and the student's parents, or
the student if the student has the legal capacity to enter into a
contract, agrees to the transfer. The device may be transferred to:
(1) the school or school district in which the student
enrolls;
(2) a state agency, including the Health and Human
Services [Texas Rehabilitation] Commission [and the Texas
Department of Mental Health and Mental Retardation], that provides
services to the student following the student's graduation from
high school; or
(3) the student's parents, or the student if the
student has the legal capacity to enter into a contract.
SECTION 1.20. Section 30.002(b), Education Code, is amended
to read as follows:
(b) The agency shall:
(1) develop standards and guidelines for all special
education services for children with visual impairments that it is
authorized to provide or support under this code;
(2) supervise regional education service centers and
other entities in assisting school districts in serving children
with visual impairments more effectively;
(3) develop and administer special education services
for students with both serious visual and auditory impairments;
(4) evaluate special education services provided for
children with visual impairments by school districts and approve or
disapprove state funding of those services; and
(5) maintain an effective liaison between special
education programs provided for children with visual impairments by
school districts and related initiatives of the Health and Human
Services Commission [Department of Assistive and Rehabilitative
Services Division for Blind Services], the Department of State
Health Services Mental Health and Substance Abuse Division[, the
Texas School for the Blind and Visually Impaired], and other
related programs, agencies, or facilities as appropriate.
SECTION 1.21. Section 38.007(b), Education Code, is amended
to read as follows:
(b) The board of trustees of a school district shall attempt
to provide a safe alcohol-free environment to students coming to or
going from school. The board of trustees shall [may] cooperate with
local law enforcement officials and the Texas Alcoholic Beverage
Commission in attempting to provide this environment and in
enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage
Code. Additionally, the board, if a majority of the area of a
district is located in a municipality with a population of 900,000
or more, shall [may] petition the commissioners court of the county
in which the district is located or the governing board of an
incorporated city or town in which the district is located to adopt
a 1,000-foot zone under Section 109.33, Alcoholic Beverage Code.
SECTION 1.22. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0101 to read as follows:
Sec. 38.0101. AUTHORITY TO EMPLOY NONPHYSICIAN MENTAL
HEALTH PROFESSIONAL. (a) A school district may employ a
nonphysician mental health professional.
(b) In this section, "nonphysician mental health
professional" means:
(1) a psychologist licensed to practice in this state
and designated as a health-service provider;
(2) a registered nurse with a master's or doctoral
degree in psychiatric nursing;
(3) a licensed clinical social worker;
(4) a professional counselor licensed to practice in
this state; or
(5) a marriage and family therapist licensed to
practice in this state.
SECTION 1.23. Section 38.013(a), Education Code, is amended
to read as follows:
(a) The agency shall make available to each school district
one or more coordinated health programs [designed to prevent
obesity, cardiovascular disease, oral diseases, and Type 2
diabetes] in elementary school, middle school, and junior high
school [students]. Each program must provide for coordinating:
(1) physical health education, including programs
designed to prevent obesity, cardiovascular disease, oral
diseases, and Type 2 diabetes and programs designed to promote the
role of proper nutrition [oral health education];
(2) mental health education, including education
about suicide prevention;
(3) substance abuse education, including education
about alcohol abuse, prescription drug abuse, and abuse of other
controlled substances;
(4) physical education and physical activity;
(5) [(3) nutrition services; and
[(4)] parental involvement;
(6) activities to promote safe and supportive school
climates and students' social and emotional wellness, including the
use of trauma-informed practices;
(7) employee wellness; and
(8) community engagement and involvement.
SECTION 1.24. Sections 38.016(a) and (c), Education Code,
are amended to read as follows:
(a) In this section:
(1) "Nonphysician mental health professional" has the
meaning assigned by Section 38.0101.
(2) "Parent" includes a guardian or other person
standing in parental relation.
(3) [(2)] "Psychotropic drug" means a substance that
is:
(A) used in the diagnosis, treatment, or
prevention of a disease or as a component of a medication; and
(B) intended to have an altering effect on
perception, emotion, or behavior.
(c) Subsection (b) does not:
(1) prevent an appropriate referral under the child
find system required under 20 U.S.C. Section 1412, as amended; [or]
(2) prohibit a school district employee who is a
registered nurse, advanced nurse practitioner, physician, or
nonphysician mental health professional [certified or
appropriately credentialed mental health professional] from
recommending that a child be evaluated by a physician or
nonphysician mental health professional [an appropriate medical
practitioner]; or
(3) prohibit a school employee from discussing any
aspect of a child's behavior or academic progress with the child's
parent or another school district employee.
SECTION 1.25. Section 38.051(b), Education Code, is amended
to read as follows:
(b) On the recommendation of an advisory council
established under Section 38.058 or on the initiative of the board
of trustees, a school district may establish a school-based health
center at one or more campuses in the district to meet the health
care needs of students and their families.
SECTION 1.26. Section 38.054, Education Code, is amended to
read as follows:
Sec. 38.054. CATEGORIES OF SERVICES. (a) The permissible
categories of services are:
(1) family and home support;
(2) physical health care, including immunizations;
(3) dental health care;
(4) health education; [and]
(5) preventive health strategies; and
(6) treatment for mental illness, a behavioral health
disorder, or substance abuse.
(b) In this section, "behavioral health disorder," "mental
illness," and "substance abuse" have the meanings assigned by
Section 11.183.
SECTION 1.27. Section 38.057(b), Education Code, is amended
to read as follows:
(b) If it is determined that a student is in need of a
referral for physical health services or mental health services,
the staff of the center shall notify the person whose consent is
required under Section 38.053 verbally and in writing of the basis
for the referral. The referral may not be provided unless the
person provides written consent for the type of service to be
provided and provides specific written consent for each treatment
occasion or for a course of treatment that includes multiple
treatment occasions of the same type of service.
SECTION 1.28. Subchapter B, Chapter 38, Education Code, is
amended by adding Section 38.0591 to read as follows:
Sec. 38.0591. ACCESS TO MENTAL HEALTH SERVICES. The
agency, in cooperation with the Health and Human Services
Commission, shall develop guidelines for school districts
regarding:
(1) partnering with a local mental health authority
and with community mental health services providers to increase
student access to school-based integrated mental health services;
and
(2) obtaining school-based integrated mental health
services through the medical assistance program under Chapter 32,
Human Resources Code.
SECTION 1.29. Section 38.060(c), Education Code, is amended
to read as follows:
(c) The school district [council] shall keep a record of
efforts made to coordinate with existing providers.
SECTION 1.30. Subchapter O-1, Chapter 161, Health and
Safety Code, is transferred to Chapter 38, Education Code,
redesignated as Subchapter G, Chapter 38, Education Code, and
amended to read as follows:
SUBCHAPTER G [O-1]. MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH
SUICIDE
Sec. 38.301 [161.325]. MENTAL HEALTH PROMOTION AND
INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND
SUICIDE PREVENTION. (a) The agency [department], in coordination
with the Health and Human Services Commission [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 (c) [(a-1)] for
implementation in public elementary, junior high, middle, and high
schools within the general education setting. The agency, the
Health and Human Services Commission, and each regional education
service center shall each publish the list on their Internet
websites in an easily accessible, searchable, and user-friendly
format.
(b) Each school district may select from the list provided
under Subsection (a) a program or programs appropriate for
implementation in the district.
(c) [(a-1)] The list provided under Subsection (a) must
include programs in the following areas:
(1) early mental health intervention;
(2) mental health promotion [and positive youth
development];
(3) substance abuse prevention;
(4) substance abuse intervention; [and]
(5) suicide prevention;
(6) grief-informed and trauma-informed practices;
(7) social and emotional wellness and learning;
(8) positive behavior supports and positive youth
development; and
(9) safe and supportive school climate.
(d) [(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 suicide prevention programs on the list provided
under Subsection (a) 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.
(e) [(c)] In developing the list of programs, the agency
[department] and the Health and Human Services Commission [Texas
Education Agency] shall consider:
(1) any existing suicide prevention method developed
by a school district; and
(2) any Internet or online course or program developed
in this state or another state that is based on best practices
recognized by the Substance Abuse and Mental Health Services
Administration or the Suicide Prevention Resource Center.
(f) [(c-1)] Except as otherwise provided by this
subsection, each school district shall provide training described
in the components set forth under Subsection (d) [(b)] for
teachers, counselors, principals, and all other appropriate
personnel. A school district is required to provide the training at
an elementary school campus only to the extent that sufficient
funding and programs are available. A school district may
implement a program on the list to satisfy the requirements of this
subsection.
(g) [(c-2)] If a school district provides the training
under Subsection (f) [(c-1)]:
(1) a school district employee described under that
subsection must participate in the training at least one time; and
(2) the school district shall maintain records that
include the name of each district employee who participated in the
training.
(h) [(d)] The board of trustees of each school district
shall [may] adopt a policy concerning each area listed in
Subsection (c), including 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 (d)(2) [(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
(d)(2) [(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.
(i) [(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.
(j) [(f)] The policy and any necessary procedures adopted
under Subsection (h) [(d)] must be included in:
(1) the annual student handbook; and
(2) the district improvement plan under Section
11.252[, Education Code].
(k) [(g)] The agency, the Health and Human Services
Commission, and each regional education service center:
(1) [department] may accept donations for purposes of
this section from sources without a conflict of interest; and
(2) [. The department] may not accept donations for
purposes of this section from an anonymous source.
(l) [(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.
Sec. 38.302 [161.326]. IMMUNITY. This subchapter does not:
(1) waive any immunity from liability of a school
district or of district school officers or employees;
(2) create any liability for a cause of action against
a school district or against district school officers or employees;
or
(3) waive any immunity from liability under Section
74.151, Civil Practice and Remedies Code.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Section 74.151(e), Civil Practice and
Remedies Code, is amended to read as follows:
(e) Except as provided by this subsection, this section does
not apply to a person whose negligent act or omission was a
producing cause of the emergency for which care is being
administered. This subsection does not apply to liability of a
school district or district school officer or employee arising from
an act or omission under a program or policy or procedure adopted
under Subchapter G, Chapter 38, Education [O-1, Chapter 161, Health
and Safety] Code, other than liability arising from wilful or
intentional misconduct.
SECTION 2.02. Section 25.114(a), Education Code, is amended
to read as follows:
(a) In implementing the curriculum for physical education
under Section 28.002(a)(2)(D) [28.002(a)(2)(C)], each school
district shall establish specific objectives and goals the district
intends to accomplish through the curriculum, including, to the
extent practicable, student/teacher ratios that are small enough to
enable the district to:
(1) carry out the purposes of and requirements for the
physical education curriculum as provided under Section 28.002(d);
and
(2) ensure the safety of students participating in
physical education.
SECTION 2.03. Section 28.003(b), Education Code, is amended
to read as follows:
(b) In this section, "educational program" means a course or
series of courses in the required curriculum under Section 28.002,
other than a fine arts course under Section 28.002(a)(2)(E)
[28.002(a)(2)(D)] or a career and technology course under Section
28.002(a)(2)(F) [28.002(a)(2)(E)].
SECTION 2.04. Section 28.025(b-1), Education Code, is
amended to read as follows:
(b-1) The State Board of Education by rule shall require
that the curriculum requirements for the foundation high school
program under Subsection (a) include a requirement that students
successfully complete:
(1) four credits in English language arts under
Section 28.002(a)(1)(A), including one credit in English I, one
credit in English II, one credit in English III, and one credit in
an advanced English course authorized under Subsection (b-2);
(2) three credits in mathematics under Section
28.002(a)(1)(B), including one credit in Algebra I, one credit in
geometry, and one credit in any advanced mathematics course
authorized under Subsection (b-2);
(3) three credits in science under Section
28.002(a)(1)(C), including one credit in biology, one credit in any
advanced science course authorized under Subsection (b-2), and one
credit in integrated physics and chemistry or in an additional
advanced science course authorized under Subsection (b-2);
(4) three credits in social studies under Section
28.002(a)(1)(D), including one credit in United States history, at
least one-half credit in government and at least one-half credit in
economics, and one credit in world geography or world history;
(5) except as provided under Subsections (b-12),
(b-13), and (b-14), two credits in the same language in a language
other than English under Section 28.002(a)(2)(A);
(6) five elective credits;
(7) one credit in fine arts under Section
28.002(a)(2)(E) [28.002(a)(2)(D)]; and
(8) except as provided by Subsection (b-11), one
credit in physical education under Section 28.002(a)(2)(D)
[28.002(a)(2)(C)].
SECTION 2.05. Section 38.0141, Education Code, is amended
to read as follows:
Sec. 38.0141. REPORTING OF CERTAIN HEALTH AND SAFETY
INFORMATION REQUIRED. Each school district shall provide to the
agency information as required by the commissioner, including
statistics and data, relating to student health and physical
activity and information described by Sections 28.004(k)(2), (3),
and (4) [Section 28.004(k),] presented in a form determined by the
commissioner. The district shall provide the information required
by this section for the district and for each campus in the
district.
SECTION 2.06. Section 38.101(a), Education Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a school district
annually shall assess the physical fitness of students enrolled in
grade three or higher in a course that satisfies the curriculum
requirements for physical education under Section 28.002(a)(2)(D)
[28.002(a)(2)(C)].
SECTION 2.07. Section 130.008(c), Education Code, is
amended to read as follows:
(c) The contact hours attributable to the enrollment of a
high school student in a course offered for joint high school and
junior college credit under this section, excluding a course for
which the student attending high school may receive course credit
toward the physical education curriculum requirement under Section
28.002(a)(2)(D) [28.002(a)(2)(C)], shall be included in the
contact hours used to determine the junior college's proportionate
share of the state money appropriated and distributed to public
junior colleges under Sections 130.003 and 130.0031, even if the
junior college waives all or part of the tuition or fees for the
student under Subsection (b).
ARTICLE 3. REPEALER; EFFECTIVE DATE
SECTION 3.01. Section 28.002(w), Education Code, is
repealed.
SECTION 3.02. This Act takes effect September 1, 2017.