Texas 2017 - 85th Regular

Texas House Bill HB11 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R18910 GCB-F
2	2	By: Price, Turner, White, Bernal, Huberty, H.B. No. 11
3	3	et al.
4	4	Substitute the following for H.B. No. 11:
5	5	By: Price C.S.H.B. No. 11
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to consideration of the mental health of public school
11	11	students in training requirements for certain school employees,
12	12	curriculum requirements, educational programs, state and regional
13	13	programs and services, and health care services for students.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. MENTAL HEALTH OF STUDENTS IN PUBLIC SCHOOLS
16	16	SECTION 1.01. Section 5.001, Education Code, is amended by
17	17	adding Subdivisions (5-a) and (9) to read as follows:
18	18	(5-a) "Mental health condition" means an illness,
19	19	disease, or disorder, other than epilepsy, dementia, substance
20	20	abuse, or intellectual disability, that:
21	21	(A) substantially impairs a person's thought,
22	22	perception of reality, emotional process, or judgment; or
23	23	(B) grossly impairs behavior as demonstrated by
24	24	recent disturbed behavior.
25	25	(9) "Substance abuse" means a patterned use of a
26	26	substance, including a controlled substance, as defined by Chapter
27	27	481, Health and Safety Code, and alcohol, in which the person
28	28	consumes the substance in amounts or with methods that are harmful
29	29	to the person's self or to others.
30	30	SECTION 1.02. Section 11.252(a), Education Code, is amended
31	31	to read as follows:
32	32	(a) Each school district shall have a district improvement
33	33	plan that is developed, evaluated, and revised annually, in
34	34	accordance with district policy, by the superintendent with the
35	35	assistance of the district-level committee established under
36	36	Section 11.251. The purpose of the district improvement plan is to
37	37	guide district and campus staff in the improvement of student
38	38	performance for all student groups in order to attain state
39	39	standards in respect to the achievement indicators adopted under
40	40	Sections 39.053(c)(1)-(4). The district improvement plan must
41	41	include provisions for:
42	42	(1) a comprehensive needs assessment addressing
43	43	district student performance on the achievement indicators, and
44	44	other appropriate measures of performance, that are disaggregated
45	45	by all student groups served by the district, including categories
46	46	of ethnicity, socioeconomic status, sex, and populations served by
47	47	special programs, including students in special education programs
48	48	under Subchapter A, Chapter 29;
49	49	(2) measurable district performance objectives for
50	50	all appropriate achievement indicators for all student
51	51	populations, including students in special education programs
52	52	under Subchapter A, Chapter 29, and other measures of student
53	53	performance that may be identified through the comprehensive needs
54	54	assessment;
55	55	(3) strategies for improvement of student performance
56	56	that include:
57	57	(A) instructional methods for addressing the
58	58	needs of student groups not achieving their full potential;
59	59	(B) methods for addressing the needs of students
60	60	for special programs, including:
61	61	(i) suicide prevention programs, in
62	62	accordance with Subchapter G [O-1], Chapter 38 [161, Health and
63	63	Safety Code], which include [includes] a parental or guardian
64	64	notification procedure;
65	65	(ii) conflict resolution programs;
66	66	(iii) violence prevention programs; and
67	67	(iv) dyslexia treatment programs;
68	68	(C) dropout reduction;
69	69	(D) integration of technology in instructional
70	70	and administrative programs;
71	71	(E) positive behavior interventions and support
72	72	[discipline management];
73	73	(F) staff development for professional staff of
74	74	the district;
75	75	(G) career education to assist students in
76	76	developing the knowledge, skills, and competencies necessary for a
77	77	broad range of career opportunities; and
78	78	(H) accelerated education;
79	79	(4) strategies for providing to middle school, junior
80	80	high school, and high school students, those students' teachers and
81	81	school counselors, and those students' parents information about:
82	82	(A) higher education admissions and financial
83	83	aid opportunities;
84	84	(B) the TEXAS grant program and the Teach for
85	85	Texas grant program established under Chapter 56;
86	86	(C) the need for students to make informed
87	87	curriculum choices to be prepared for success beyond high school;
88	88	and
89	89	(D) sources of information on higher education
90	90	admissions and financial aid;
91	91	(5) resources needed to implement identified
92	92	strategies;
93	93	(6) staff responsible for ensuring the accomplishment
94	94	of each strategy;
95	95	(7) timelines for ongoing monitoring of the
96	96	implementation of each improvement strategy;
97	97	(8) formative evaluation criteria for determining
98	98	periodically whether strategies are resulting in intended
99	99	improvement of student performance; and
100	100	(9) the policy under Section 38.0041 addressing sexual
101	101	abuse and other maltreatment of children.
102	102	SECTION 1.03. Section 21.044(c-1), Education Code, is
103	103	amended to read as follows:
104	104	(c-1) Any minimum academic qualifications for a certificate
105	105	specified under Subsection (a) that require a person to possess a
106	106	bachelor's degree must also require that the person receive, as
107	107	part of the training required to obtain that certificate,
108	108	instruction regarding mental health, substance abuse, and youth
109	109	suicide. The instruction required must:
110	110	(1) be provided through a program selected from the
111	111	list of recommended best practice-based programs established under
112	112	Section 38.301 [161.325, Health and Safety Code]; and
113	113	(2) include effective strategies [for teaching and
114	114	intervening with students with mental or emotional disorders],
115	115	including de-escalation techniques and positive behavioral
116	116	interventions and supports, for teaching and intervening with
117	117	students with mental health conditions or who engage in substance
118	118	abuse.
119	119	SECTION 1.04. Section 21.054, Education Code, is amended by
120	120	amending Subsections (d), (e), (f), and (g) and adding Subsections
121	121	(d-2) and (e-2) to read as follows:
122	122	(d) Continuing education requirements for a classroom
123	123	teacher must provide that not more than 25 percent of the training
124	124	required every five years include instruction regarding:
125	125	(1) collecting and analyzing information that will
126	126	improve effectiveness in the classroom;
127	127	(2) recognizing early warning indicators that a
128	128	student may be at risk of dropping out of school;
129	129	(3) integrating technology into classroom
130	130	instruction; and
131	131	(4) educating diverse student populations, including:
132	132	(A) students who are eligible to participate in
133	133	special education programs under Subchapter A, Chapter 29 [with
134	134	disabilities, including mental health disorders];
135	135	(B) students who are eligible to receive
136	136	educational services required under Section 504, Rehabilitation
137	137	Act of 1973 (29 U.S.C. Section 794);
138	138	(C) students with mental health conditions or who
139	139	engage in substance abuse;
140	140	(D) students who are educationally
141	141	disadvantaged;
142	142	(E) [(C)] students of limited English
143	143	proficiency; and
144	144	(F) [(D)] students at risk of dropping out of
145	145	school.
146	146	(d-2) Continuing education requirements for a classroom
147	147	teacher may include instruction regarding how grief and trauma
148	148	affect student learning and behavior and how evidence-based,
149	149	grief-informed, and trauma-informed strategies support the
150	150	academic success of students affected by grief and trauma.
151	151	(e) Continuing education requirements for a principal must
152	152	provide that not more than 25 percent of the training required every
153	153	five years include instruction regarding:
154	154	(1) effective and efficient management, including:
155	155	(A) collecting and analyzing information;
156	156	(B) making decisions and managing time; and
157	157	(C) supervising student discipline and managing
158	158	behavior;
159	159	(2) recognizing early warning indicators that a
160	160	student may be at risk of dropping out of school;
161	161	(3) integrating technology into campus curriculum and
162	162	instruction; and
163	163	(4) educating diverse student populations, including:
164	164	(A) students who are eligible to participate in
165	165	special education programs under Subchapter A, Chapter 29 [with
166	166	disabilities, including mental health disorders];
167	167	(B) students who are eligible to receive
168	168	educational services required under Section 504, Rehabilitation
169	169	Act of 1973 (29 U.S.C. Section 794);
170	170	(C) students with mental health conditions or who
171	171	engage in substance abuse;
172	172	(D) students who are educationally
173	173	disadvantaged;
174	174	(E) [(C)] students of limited English
175	175	proficiency; and
176	176	(F) [(D)] students at risk of dropping out of
177	177	school.
178	178	(e-2) Continuing education requirements for a principal may
179	179	include instruction regarding how grief and trauma affect student
180	180	learning and behavior and how evidence-based, grief-informed, and
181	181	trauma-informed strategies support the academic success of
182	182	students affected by grief and trauma.
183	183	(f) Continuing education requirements for a counselor must
184	184	provide that not more than 25 percent of training required every
185	185	five years include instruction regarding:
186	186	(1) assisting students in developing high school
187	187	graduation plans;
188	188	(2) implementing dropout prevention strategies; [and]
189	189	(3) informing students concerning:
190	190	(A) college admissions, including college
191	191	financial aid resources and application procedures; and
192	192	(B) career opportunities; and
193	193	(4) counseling students concerning mental health
194	194	conditions and substance abuse.
195	195	(g) The board shall adopt rules that allow an educator,
196	196	including a classroom teacher and a principal or other
197	197	administrator, to fulfill [up to 12 hours of] continuing education
198	198	requirements by participating in a mental health first aid training
199	199	program offered by a local mental health authority under Section
200	200	1001.203, Health and Safety Code. The rules adopted under this
201	201	subsection must allow an educator, including a classroom teacher
202	202	and a principal or other administrator, who completes a mental
203	203	health first aid training program offered:
204	204	(1) using an online or videoconferencing format to
205	205	fulfill not more than eight hours of continuing education
206	206	requirements; or
207	207	(2) through a classroom instruction format that
208	208	requires in-person attendance to fulfill not more than 16 hours of
209	209	continuing education requirements, with the educator, including a
210	210	classroom teacher and a principal or other administrator, permitted
211	211	to receive credit for twice the number of hours of instruction
212	212	provided. [The number of hours of continuing education an educator
213	213	may fulfill under this subsection may not exceed the number of hours
214	214	the educator actually spends participating in a mental health first
215	215	aid training program.]
216	216	SECTION 1.05. Sections 21.451(d), (d-1), and (e), Education
217	217	Code, are amended to read as follows:
218	218	(d) The staff development:
219	219	(1) may include training in:
220	220	(A) recognizing signs of mental health
221	221	conditions and substance abuse;
222	222	(B) technology;
223	223	(C) [(B)] conflict resolution;
224	224	(D) positive behavior intervention and support
225	225	[(C) discipline] strategies, including classroom management,
226	226	district discipline policies, and the student code of conduct
227	227	adopted under [Section 37.001 and] Chapter 37; and
228	228	(E) [(D)] preventing, identifying, responding
229	229	to, and reporting incidents of bullying;
230	230	(2) subject to Subsection (e) and to Section 21.3541
231	231	and rules adopted under that section, must include training that is
232	232	evidence-based [based on scientifically based research], as
233	233	defined by Section 8101, Every Student Succeeds Act [9101, No Child
234	234	Left Behind Act of 2001] (20 U.S.C. Section 7801), and that:
235	235	(A) relates to instruction of students with
236	236	disabilities; and
237	237	(B) is designed for educators, including
238	238	classroom teachers, who work primarily outside the area of special
239	239	education; and
240	240	(3) must include suicide prevention training that must
241	241	be provided:
242	242	(A) on an annual basis, as part of a new employee
243	243	orientation, to all new school district and open-enrollment charter
244	244	school educators, including classroom teachers; and
245	245	(B) to existing school district and
246	246	open-enrollment charter school educators, including classroom
247	247	teachers, on a schedule adopted by the agency by rule.
248	248	(d-1) The suicide prevention training required by
249	249	Subsection (d)(3) must use a best practice-based program
250	250	recommended by the Health and Human Services Commission [Department
251	251	of State Health Services] in coordination with the agency under
252	252	Section 38.301 [161.325, Health and Safety Code].
253	253	(e) A school district is required to provide the training
254	254	described by Subsection (d)(2) to an educator, including a
255	255	classroom teacher, who works primarily outside the area of special
256	256	education only if the educator does not possess the knowledge and
257	257	skills necessary to implement the individualized education program
258	258	developed for a student receiving instruction from the educator. A
259	259	district may determine the time and place at which the training is
260	260	delivered.
261	261	SECTION 1.06. Subchapter J, Chapter 21, Education Code, is
262	262	amended by adding Section 21.462 to read as follows:
263	263	Sec. 21.462. RESOURCES REGARDING STUDENTS WITH HEALTH
264	264	NEEDS. The agency, in coordination with the Health and Human
265	265	Services Commission, shall establish and maintain an Internet
266	266	website to provide resources for school district or open-enrollment
267	267	charter school employees regarding working with students with
268	268	mental health conditions, students who engage in substance abuse,
269	269	or students with physical health needs. The agency must include on
270	270	the Internet website information about:
271	271	(1) the interventions for, treatment of, and
272	272	management of mental health conditions, substance abuse, and
273	273	physical health needs, and how mental health conditions, substance
274	274	abuse, or physical health needs may affect a student's well-being
275	275	or ability to succeed in school;
276	276	(2) grief-informed and trauma-informed practices;
277	277	building skills related to managing emotions, establishing and
278	278	maintaining positive relationships, and responsible
279	279	decision-making; positive behavior interventions and supports; and
280	280	a safe and supportive school climate; and
281	281	(3) food allergies that are common among students,
282	282	methods for preventing exposure to a specific food when necessary
283	283	to protect a student's health, and treating a student who is
284	284	suffering from an allergic reaction to a food.
285	285	SECTION 1.07. Sections 28.002(a) and (r), Education Code,
286	286	are amended to read as follows:
287	287	(a) Each school district that offers kindergarten through
288	288	grade 12 shall offer, as a required curriculum:
289	289	(1) a foundation curriculum that includes:
290	290	(A) English language arts;
291	291	(B) mathematics;
292	292	(C) science; and
293	293	(D) social studies, consisting of Texas, United
294	294	States, and world history, government, economics, with emphasis on
295	295	the free enterprise system and its benefits, and geography; and
296	296	(2) an enrichment curriculum that includes:
297	297	(A) to the extent possible, languages other than
298	298	English;
299	299	(B) health, with emphasis on:
300	300	(i) physical health, including the
301	301	importance of proper nutrition and exercise; and
302	302	(ii) mental health, including instruction
303	303	about mental health conditions and substance abuse;
304	304	(C) physical education;
305	305	(D) fine arts;
306	306	(E) career and technology education;
307	307	(F) technology applications;
308	308	(G) religious literature, including the Hebrew
309	309	Scriptures (Old Testament) and New Testament, and its impact on
310	310	history and literature; and
311	311	(H) personal financial literacy.
312	312	(r) In adopting the essential knowledge and skills for the
313	313	health curriculum under Subsection (a)(2)(B), the State Board of
314	314	Education shall adopt essential knowledge and skills that address
315	315	the dangers, causes, consequences, signs, symptoms, and treatment
316	316	of binge drinking, [and] alcohol poisoning, and other forms of
317	317	substance abuse. The agency shall compile a list of evidence-based
318	318	substance abuse [alcohol] awareness programs from which a school
319	319	district shall choose a program to use in the district's middle
320	320	school, junior high school, and high school health curriculum. In
321	321	this subsection, "evidence-based substance abuse [alcohol]
322	322	awareness program" means a program, practice, or strategy that has
323	323	been proven to effectively prevent substance abuse [or delay
324	324	alcohol use] among students, as determined by evaluations that are
325	325	evidence-based [use valid and reliable measures and that are
326	326	published in peer-reviewed journals].
327	327	SECTION 1.08. Sections 28.004(c), (d), and (k), Education
328	328	Code, are amended to read as follows:
329	329	(c) The local school health advisory council's duties
330	330	include recommending:
331	331	(1) the number of hours of instruction to be provided
332	332	in health education, including physical health education and mental
333	333	health education;
334	334	(2) policies, procedures, strategies, and curriculum
335	335	appropriate for specific grade levels designed to prevent physical
336	336	health concerns, including obesity, cardiovascular disease, Type 2
337	337	diabetes, and mental health concerns through coordination of:
338	338	(A) health education, which must address
339	339	physical health concerns and mental health concerns to ensure the
340	340	integration of physical health education and mental health
341	341	education;
342	342	(B) physical education and physical activity;
343	343	(C) nutrition services;
344	344	(D) parental involvement;
345	345	(E) instruction about substance abuse [to
346	346	prevent the use of tobacco];
347	347	(F) school health services, including mental
348	348	health services;
349	349	(G) counseling and guidance services;
350	350	(H) a safe and healthy school environment; and
351	351	(I) school employee wellness;
352	352	(3) appropriate grade levels and methods of
353	353	instruction for human sexuality instruction;
354	354	(4) strategies for integrating the curriculum
355	355	components specified by Subdivision (2) with the following elements
356	356	in a coordinated school health program for the district:
357	357	(A) school health services, including physical
358	358	health services and mental health services, if provided at a campus
359	359	by the district or by a third party under a contract with the
360	360	district;
361	361	(B) counseling and guidance services;
362	362	(C) a safe and healthy school environment; and
363	363	(D) school employee wellness; and
364	364	(5) if feasible, joint use agreements or strategies
365	365	for collaboration between the school district and community
366	366	organizations or agencies.
367	367	(d) The board of trustees shall appoint at least five
368	368	members to the local school health advisory council. A majority of
369	369	the members must be persons who are parents of students enrolled in
370	370	the district and who are not employed by the district. One of those
371	371	members shall serve as chair or co-chair of the council. The board
372	372	of trustees shall make a good faith effort to appoint at least one
373	373	psychiatrist or nonphysician mental health professional, as
374	374	defined by Section 38.0101. The board of trustees also may appoint
375	375	one or more persons from each of the following groups or a
376	376	representative from a group other than a group specified under this
377	377	subsection:
378	378	(1) public school teachers;
379	379	(2) public school administrators;
380	380	(3) district students;
381	381	(4) health care professionals;
382	382	(5) the business community;
383	383	(6) law enforcement;
384	384	(7) senior citizens;
385	385	(8) the clergy;
386	386	(9) nonprofit health organizations; and
387	387	(10) local domestic violence programs.
388	388	(k) A school district shall publish in the student handbook
389	389	and post on the district's Internet website, if the district has an
390	390	Internet website:
391	391	(1) a statement of the policies and procedures adopted
392	392	to promote the physical health and mental health of students, the
393	393	physical health and mental health resources available at each
394	394	campus, contact information for the nearest providers of essential
395	395	public health services under Chapter 121, Health and Safety Code,
396	396	and the contact information for the nearest local mental health
397	397	authority;
398	398	(2) a statement of the policies adopted to ensure that
399	399	elementary school, middle school, and junior high school students
400	400	engage in at least the amount and level of physical activity
401	401	required by Section 28.002(l);
402	402	(3) [(2)] a statement of:
403	403	(A) the number of times during the preceding year
404	404	the district's school health advisory council has met;
405	405	(B) whether the district has adopted and enforces
406	406	policies to ensure that district campuses comply with agency
407	407	vending machine and food service guidelines for restricting student
408	408	access to vending machines; and
409	409	(C) whether the district has adopted and enforces
410	410	policies and procedures that prescribe penalties for the use of
411	411	e-cigarettes, as defined by Section 38.006, and tobacco products by
412	412	students and others on school campuses or at school-sponsored or
413	413	school-related activities; and
414	414	(4) [(3)] a statement providing notice to parents that
415	415	they can request in writing their child's physical fitness
416	416	assessment results at the end of the school year.
417	417	SECTION 1.09. Section 29.003(b), Education Code, is amended
418	418	to read as follows:
419	419	(b) A student is eligible to participate in a school
420	420	district's special education program if the student:
421	421	(1) is not more than 21 years of age and has a visual or
422	422	auditory impairment that prevents the student from being adequately
423	423	or safely educated in public school without the provision of
424	424	special services; or
425	425	(2) is at least three but not more than 21 years of age
426	426	and has one or more of the following disabilities that prevents the
427	427	student from being adequately or safely educated in public school
428	428	without the provision of special services:
429	429	(A) physical disability;
430	430	(B) intellectual disability [mental
431	431	retardation];
432	432	(C) emotional disturbance;
433	433	(D) learning disability;
434	434	(E) autism;
435	435	(F) speech disability; or
436	436	(G) traumatic brain injury.
437	437	SECTION 1.10. Section 29.004, Education Code, is amended by
438	438	adding Subsection (d) to read as follows:
439	439	(d) A school district may develop an interim intervention,
440	440	support, or crisis plan to provide immediate services and supports
441	441	to a student while the student's full individual and initial
442	442	evaluation is being conducted.
443	443	SECTION 1.11. Section 29.011(b), Education Code, is amended
444	444	to read as follows:
445	445	(b) The commissioner shall require each school district or
446	446	shared services arrangement to designate at least one employee to
447	447	serve as the district's or shared services arrangement's designee
448	448	on transition and employment services for students enrolled in
449	449	special education programs under this subchapter. The commissioner
450	450	shall develop minimum training guidelines for a district's or
451	451	shared services arrangement's designee. An individual designated
452	452	under this subsection must provide information and resources about
453	453	effective transition planning and services and interagency
454	454	coordination to ensure that local school staff communicate and
455	455	collaborate with:
456	456	(1) students enrolled in special education programs
457	457	under this subchapter and the parents of those students; and
458	458	(2) as appropriate, local and regional staff of the:
459	459	(A) Health and Human Services Commission;
460	460	(B) Texas Workforce Commission [Department of
461	461	Aging and Disability Services];
462	462	(C) [Department of Assistive and Rehabilitative
463	463	Services;
464	464	[(D)] Department of State Health Services; and
465	465	(D) [(E)] Department of Family and Protective
466	466	Services.
467	467	SECTION 1.12. Section 29.012(d), Education Code, is amended
468	468	to read as follows:
469	469	(d) The agency [Texas Education Agency], the Health and
470	470	Human Services Commission, the Texas Workforce Commission, and the
471	471	Department of Family and Protective Services [Texas Department of
472	472	Mental Health and Mental Retardation, the Texas Department of Human
473	473	Services, the Texas Department of Health, the Department of
474	474	Protective and Regulatory Services, the Interagency Council on
475	475	Early Childhood Intervention, the Texas Commission on Alcohol and
476	476	Drug Abuse, and the Texas Juvenile Justice Department] by a
477	477	cooperative effort shall develop and by rule adopt a memorandum of
478	478	understanding. The memorandum must:
479	479	(1) establish the respective responsibilities of
480	480	school districts and of residential facilities for the provision of
481	481	a free, appropriate public education, as required by the
482	482	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
483	483	et seq.) and its subsequent amendments, including each requirement
484	484	for children with disabilities who reside in those facilities;
485	485	(2) coordinate regulatory and planning functions of
486	486	the parties to the memorandum;
487	487	(3) establish criteria for determining when a public
488	488	school will provide educational services;
489	489	(4) provide for appropriate educational space when
490	490	education services will be provided at the residential facility;
491	491	(5) establish measures designed to ensure the safety
492	492	of students and teachers; and
493	493	(6) provide for binding arbitration consistent with
494	494	Chapter 2009, Government Code, and Section 154.027, Civil Practice
495	495	and Remedies Code.
496	496	SECTION 1.13. Section 29.015(b), Education Code, is amended
497	497	to read as follows:
498	498	(b) A foster parent may act as a parent of a child with a
499	499	disability, as authorized under 20 U.S.C. Section 1415(b) and its
500	500	subsequent amendments, if:
501	501	(1) the Department of Family and Protective [and
502	502	Regulatory] Services is appointed as the temporary or permanent
503	503	managing conservator of the child;
504	504	(2) the child has been placed with the foster parent
505	505	for at least 60 days;
506	506	(3) the foster parent agrees to:
507	507	(A) participate in making educational decisions
508	508	on the child's behalf; and
509	509	(B) complete a training program for surrogate
510	510	parents that complies with minimum standards established by agency
511	511	rule; and
512	512	(4) the foster parent has no interest that conflicts
513	513	with the child's interests.
514	514	SECTION 1.14. Section 29.081(d), Education Code, is amended
515	515	to read as follows:
516	516	(d) For purposes of this section, "student at risk of
517	517	dropping out of school" includes each student who is under 26 years
518	518	of age and who:
519	519	(1) was not advanced from one grade level to the next
520	520	for one or more school years;
521	521	(2) if the student is in grade 7, 8, 9, 10, 11, or 12,
522	522	did not maintain an average equivalent to 70 on a scale of 100 in two
523	523	or more subjects in the foundation curriculum during a semester in
524	524	the preceding or current school year or is not maintaining such an
525	525	average in two or more subjects in the foundation curriculum in the
526	526	current semester;
527	527	(3) did not perform satisfactorily on an assessment
528	528	instrument administered to the student under Subchapter B, Chapter
529	529	39, and who has not in the previous or current school year
530	530	subsequently performed on that instrument or another appropriate
531	531	instrument at a level equal to at least 110 percent of the level of
532	532	satisfactory performance on that instrument;
533	533	(4) if the student is in prekindergarten,
534	534	kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
535	535	a readiness test or assessment instrument administered during the
536	536	current school year;
537	537	(5) is pregnant or is a parent;
538	538	(6) has been placed in a disciplinary [an] alternative
539	539	education program in accordance with Section 37.006 during the
540	540	preceding or current school year;
541	541	(7) has been expelled in accordance with Section
542	542	37.007 during the preceding or current school year;
543	543	(8) is currently on parole, probation, deferred
544	544	prosecution, or other conditional release;
545	545	(9) was previously reported through the Public
546	546	Education Information Management System (PEIMS) to have dropped out
547	547	of school;
548	548	(10) is a student of limited English proficiency, as
549	549	defined by Section 29.052;
550	550	(11) is in the custody or care of the Department of
551	551	Family and Protective [and Regulatory] Services or has, during the
552	552	current school year, been referred to the department by a school
553	553	official, officer of the juvenile court, or law enforcement
554	554	official;
555	555	(12) is homeless, as defined by 42 U.S.C. Section
556	556	11302, and its subsequent amendments; or
557	557	(13) resided in the preceding school year or resides
558	558	in the current school year in a residential placement facility in
559	559	the district, including a detention facility, substance abuse
560	560	treatment facility, emergency shelter, psychiatric hospital,
561	561	halfway house, or foster group home.
562	562	SECTION 1.15. Section 30.0015(b), Education Code, is
563	563	amended to read as follows:
564	564	(b) The agency by rule shall develop and annually
565	565	disseminate standards for a school district's transfer of an
566	566	assistive technology device to an entity listed in this subsection
567	567	when a student with a disability using the device changes the school
568	568	of attendance in the district or ceases to attend school in the
569	569	district that purchased the device and the student's parents, or
570	570	the student if the student has the legal capacity to enter into a
571	571	contract, agrees to the transfer. The device may be transferred to:
572	572	(1) the school or school district in which the student
573	573	enrolls;
574	574	(2) a state agency, including the Health and Human
575	575	Services [Texas Rehabilitation] Commission and the Texas Workforce
576	576	Commission [Department of Mental Health and Mental Retardation],
577	577	that provides services to the student following the student's
578	578	graduation from high school; or
579	579	(3) the student's parents, or the student if the
580	580	student has the legal capacity to enter into a contract.
581	581	SECTION 1.16. Section 30.002(b), Education Code, is amended
582	582	to read as follows:
583	583	(b) The agency shall:
584	584	(1) develop standards and guidelines for all special
585	585	education services for children with visual impairments that it is
586	586	authorized to provide or support under this code;
587	587	(2) supervise regional education service centers and
588	588	other entities in assisting school districts in serving children
589	589	with visual impairments more effectively;
590	590	(3) develop and administer special education services
591	591	for students with both serious visual and auditory impairments;
592	592	(4) evaluate special education services provided for
593	593	children with visual impairments by school districts and approve or
594	594	disapprove state funding of those services; and
595	595	(5) maintain an effective liaison between special
596	596	education programs provided for children with visual impairments by
597	597	school districts and related initiatives of the Health and Human
598	598	Services Commission [Department of Assistive and Rehabilitative
599	599	Services Division for Blind Services], the Department of State
600	600	Health Services Mental Health and Substance Abuse Division, the
601	601	Texas Workforce Commission [School for the Blind and Visually
602	602	Impaired], and other related programs, agencies, or facilities as
603	603	appropriate.
604	604	SECTION 1.17. The heading to Section 38.007, Education
605	605	Code, is amended to read as follows:
606	606	Sec. 38.007. DRUG-FREE AND ALCOHOL-FREE SCHOOL ZONES.
607	607	SECTION 1.18. Section 38.007(b), Education Code, is amended
608	608	to read as follows:
609	609	(b) The board of trustees of a school district shall attempt
610	610	to provide a safe drug-free and alcohol-free environment to
611	611	students coming to or going from school. The board of trustees
612	612	shall [may] cooperate with local law enforcement officials and the
613	613	Texas Alcoholic Beverage Commission in attempting to provide this
614	614	environment and in enforcing Sections 101.75, 109.33, and 109.59,
615	615	Alcoholic Beverage Code. Additionally, the board, if a majority of
616	616	the area of a district is located in a municipality with a
617	617	population of 900,000 or more, may petition the commissioners court
618	618	of the county in which the district is located or the governing
619	619	board of an incorporated city or town in which the district is
620	620	located to adopt a 1,000-foot zone under Section 109.33, Alcoholic
621	621	Beverage Code.
622	622	SECTION 1.19. Subchapter A, Chapter 38, Education Code, is
623	623	amended by adding Section 38.0101 to read as follows:
624	624	Sec. 38.0101. AUTHORITY TO EMPLOY NONPHYSICIAN MENTAL
625	625	HEALTH PROFESSIONAL. (a) A school district may employ a
626	626	nonphysician mental health professional.
627	627	(b) In this section, "nonphysician mental health
628	628	professional" means:
629	629	(1) a psychologist licensed to practice in this state
630	630	and designated as a health-service provider;
631	631	(2) a registered nurse with a master's or doctoral
632	632	degree in psychiatric nursing;
633	633	(3) a licensed clinical social worker; or
634	634	(4) a professional counselor licensed to practice in
635	635	this state.
636	636	SECTION 1.20. Section 38.013(a), Education Code, is amended
637	637	to read as follows:
638	638	(a) The agency shall make available to each school district
639	639	one or more coordinated health programs [designed to prevent
640	640	obesity, cardiovascular disease, oral diseases, and Type 2
641	641	diabetes] in elementary school, middle school, and junior high
642	642	school [students]. Each program must provide for coordinating
643	643	education and services related to:
644	644	(1) physical health education, including programs
645	645	designed to prevent obesity, cardiovascular disease, oral
646	646	diseases, and Type 2 diabetes and programs designed to promote the
647	647	role of proper nutrition [oral health education];
648	648	(2) mental health education, including education
649	649	about mental health conditions and mental health wellness;
650	650	(3) substance abuse education, including education
651	651	about alcohol abuse, prescription drug abuse, and abuse of other
652	652	controlled substances;
653	653	(4) physical education and physical activity; and
654	654	(5) [(3) nutrition services; and
655	655	[(4)] parental involvement.
656	656	SECTION 1.21. Sections 38.016(a) and (c), Education Code,
657	657	are amended to read as follows:
658	658	(a) In this section:
659	659	(1) "Nonphysician mental health professional" has the
660	660	meaning assigned by Section 38.0101.
661	661	(2) "Parent" includes a guardian or other person
662	662	standing in parental relation.
663	663	(3) [(2)] "Psychotropic drug" means a substance that
664	664	is:
665	665	(A) used in the diagnosis, treatment, or
666	666	prevention of a disease or as a component of a medication; and
667	667	(B) intended to have an altering effect on
668	668	perception, emotion, or behavior.
669	669	(c) Subsection (b) does not:
670	670	(1) prevent an appropriate referral under the child
671	671	find system required under 20 U.S.C. Section 1412, as amended; [or]
672	672	(2) prohibit a school district employee who is a
673	673	registered nurse, advanced nurse practitioner, physician, or
674	674	nonphysician mental health professional [certified or
675	675	appropriately credentialed mental health professional] from
676	676	recommending that a child be evaluated by a physician or
677	677	nonphysician mental health professional [an appropriate medical
678	678	practitioner]; or
679	679	(3) prohibit a school employee from discussing any
680	680	aspect of a child's behavior or academic progress with the child's
681	681	parent or another school district employee.
682	682	SECTION 1.22. Section 38.051(b), Education Code, is amended
683	683	to read as follows:
684	684	(b) On the recommendation of an advisory council
685	685	established under Section 38.058 or on the initiative of the board
686	686	of trustees or the governing body of an open-enrollment charter
687	687	school, a school district or open-enrollment charter school may
688	688	establish a school-based health center at one or more campuses [in
689	689	the district] to meet the health care needs of students and their
690	690	families.
691	691	SECTION 1.23. Section 38.054, Education Code, is amended to
692	692	read as follows:
693	693	Sec. 38.054. CATEGORIES OF SERVICES. The permissible
694	694	categories of services are:
695	695	(1) family and home support;
696	696	(2) physical health care, including immunizations;
697	697	(3) dental health care;
698	698	(4) health education; [and]
699	699	(5) preventive health strategies; and
700	700	(6) treatment for mental health conditions or
701	701	substance abuse.
702	702	SECTION 1.24. Section 38.057(b), Education Code, is amended
703	703	to read as follows:
704	704	(b) If it is determined that a student is in need of a
705	705	referral for physical health services or mental health services,
706	706	the staff of the center shall notify the person whose consent is
707	707	required under Section 38.053 verbally and in writing of the basis
708	708	for the referral. The referral may not be provided unless the
709	709	person provides written consent for the type of service to be
710	710	provided and provides specific written consent for each treatment
711	711	occasion or for a course of treatment that includes multiple
712	712	treatment occasions of the same type of service.
713	713	SECTION 1.25. Section 38.058, Education Code, is amended to
714	714	read as follows:
715	715	Sec. 38.058. HEALTH EDUCATION AND HEALTH CARE ADVISORY
716	716	COUNCIL. (a) The board of trustees of a school district or the
717	717	governing body of an open-enrollment charter school may establish
718	718	and appoint members to a local health education and health care
719	719	advisory council to make recommendations to the district or school
720	720	on the establishment of school-based health centers and to assist
721	721	the district or school in ensuring that local community values are
722	722	reflected in the operation of each center and in the provision of
723	723	health education.
724	724	(b) A majority of the members of the council must be parents
725	725	of students enrolled in the school district or open-enrollment
726	726	charter school. In addition to the appointees who are parents of
727	727	students, the board of trustees or governing body shall also
728	728	appoint at least one person from each of the following groups:
729	729	(1) teachers;
730	730	(2) school administrators;
731	731	(3) licensed health care professionals;
732	732	(4) the clergy;
733	733	(5) law enforcement;
734	734	(6) the business community;
735	735	(7) senior citizens; and
736	736	(8) students.
737	737	SECTION 1.26. Subchapter B, Chapter 38, Education Code, is
738	738	amended by adding Section 38.0591 to read as follows:
739	739	Sec. 38.0591. ACCESS TO MENTAL HEALTH SERVICES. The
740	740	agency, in cooperation with the Health and Human Services
741	741	Commission, shall develop guidelines for school districts
742	742	regarding:
743	743	(1) partnering with a local mental health authority
744	744	and with community mental health services providers and substance
745	745	abuse services providers to increase student access to school-based
746	746	mental health services; and
747	747	(2) obtaining school-based mental health services
748	748	through the medical assistance program under Chapter 32, Human
749	749	Resources Code.
750	750	SECTION 1.27. Section 38.060(c), Education Code, is amended
751	751	to read as follows:
752	752	(c) The school district or open-enrollment charter school
753	753	[council] shall keep a record of efforts made to coordinate with
754	754	existing providers.
755	755	SECTION 1.28. Subchapter O-1, Chapter 161, Health and
756	756	Safety Code, is transferred to Chapter 38, Education Code,
757	757	redesignated as Subchapter G, Chapter 38, Education Code, and
758	758	amended to read as follows:
759	759	SUBCHAPTER G [O-1]. MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH
760	760	SUICIDE
761	761	Sec. 38.301 [161.325]. MENTAL HEALTH PROMOTION AND
762	762	INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND
763	763	SUICIDE PREVENTION. (a) The agency [department], in coordination
764	764	with the Health and Human Services Commission [Texas Education
765	765	Agency] and regional education service centers, shall provide and
766	766	annually update a list of recommended best practice-based programs
767	767	in the areas specified under Subsection (c) [(a-1)] for
768	768	implementation in public elementary, junior high, middle, and high
769	769	schools within the general education setting. The agency, the
770	770	Health and Human Services Commission, and each regional education
771	771	service center shall each publish the list on their Internet
772	772	websites in an easily accessible, searchable, and user-friendly
773	773	format.
774	774	(b) Each school district may select from the list provided
775	775	under Subsection (a) a program or programs appropriate for
776	776	implementation in the district.
777	777	(c) [(a-1)] The list provided under Subsection (a) must
778	778	include programs in the following areas:
779	779	(1) early mental health intervention;
780	780	(2) mental health promotion [and positive youth
781	781	development];
782	782	(3) substance abuse prevention;
783	783	(4) substance abuse intervention; [and]
784	784	(5) suicide prevention;
785	785	(6) grief-informed and trauma-informed practices;
786	786	(7) building skills related to managing emotions,
787	787	establishing and maintaining positive relationships, and
788	788	responsible decision-making;
789	789	(8) positive behavior interventions and supports, and
790	790	positive youth development; and
791	791	(9) safe and supportive school climate.
792	792	(d) [(a-2) The department, the Texas Education Agency, and
793	793	each regional education service center shall make the list easily
794	794	accessible on their websites.
795	795	[(b)] The suicide prevention programs on the list provided
796	796	under Subsection (a) must include components that provide for
797	797	training counselors, teachers, nurses, administrators, and other
798	798	staff, as well as law enforcement officers and social workers who
799	799	regularly interact with students, to:
800	800	(1) recognize students at risk of committing suicide,
801	801	including students who are or may be the victims of or who engage in
802	802	bullying;
803	803	(2) recognize students displaying early warning signs
804	804	and a possible need for early mental health or substance abuse
805	805	intervention, which warning signs may include declining academic
806	806	performance, depression, anxiety, isolation, unexplained changes
807	807	in sleep or eating habits, and destructive behavior toward self and
808	808	others; and
809	809	(3) intervene effectively with students described by
810	810	Subdivision (1) or (2) by providing notice and referral to a parent
811	811	or guardian so appropriate action, such as seeking mental health or
812	812	substance abuse services, may be taken by a parent or guardian.
813	813	(e) [(c)] In developing the list of programs, the agency
814	814	[department] and the Health and Human Services Commission [Texas
815	815	Education Agency] shall consider:
816	816	(1) any existing suicide prevention method developed
817	817	by a school district; and
818	818	(2) any Internet or online course or program developed
819	819	in this state or another state that is based on best practices
820	820	recognized by the Substance Abuse and Mental Health Services
821	821	Administration or the Suicide Prevention Resource Center.
822	822	(f) [(c-1)] Except as otherwise provided by this
823	823	subsection, each school district shall provide training described
824	824	in the components set forth under Subsection (d) [(b)] for
825	825	teachers, counselors, principals, and all other appropriate
826	826	personnel. A school district is required to provide the training at
827	827	an elementary school campus only to the extent that sufficient
828	828	funding and programs are available. A school district may
829	829	implement a program on the list to satisfy the requirements of this
830	830	subsection.
831	831	(g) [(c-2)] If a school district provides the training
832	832	under Subsection (f) [(c-1)]:
833	833	(1) a school district employee described under that
834	834	subsection must participate in the training at least one time; and
835	835	(2) the school district shall maintain records that
836	836	include the name of each district employee who participated in the
837	837	training.
838	838	(h) A [(d) The board of trustees of each] school district
839	839	shall develop practices and procedures [may adopt a policy]
840	840	concerning each area listed in Subsection (c), including mental
841	841	health promotion and intervention, substance abuse prevention and
842	842	intervention, and suicide prevention that:
843	843	(1) includes [establishes] a procedure for providing
844	844	notice of a recommendation for early mental health or substance
845	845	abuse intervention regarding a student to a parent or guardian of
846	846	the student within a reasonable amount of time after the
847	847	identification of early warning signs as described by Subsection
848	848	(d)(2) [(b)(2)];
849	849	(2) includes [establishes] a procedure for providing
850	850	notice of a student identified as at risk of committing suicide to a
851	851	parent or guardian of the student within a reasonable amount of time
852	852	after the identification of early warning signs as described by
853	853	Subsection (d)(2) [(b)(2)];
854	854	(3) establishes that the district may develop a
855	855	reporting mechanism and may designate at least one person to act as
856	856	a liaison officer in the district for the purposes of identifying
857	857	students in need of early mental health or substance abuse
858	858	intervention or suicide prevention; and
859	859	(4) sets out available counseling alternatives for a
860	860	parent or guardian to consider when their child is identified as
861	861	possibly being in need of early mental health or substance abuse
862	862	intervention or suicide prevention.
863	863	(i) [(e)] The practices and procedures developed under
864	864	Subsection (h) [policy] must prohibit the use without the prior
865	865	consent of a student's parent or guardian of a medical screening of
866	866	the student as part of the process of identifying whether the
867	867	student is possibly in need of early mental health or substance
868	868	abuse intervention or suicide prevention.
869	869	(j) [(f)] The practices [policy] and [any necessary]
870	870	procedures developed [adopted] under Subsection (h) [(d)] must be
871	871	included in:
872	872	(1) the annual student handbook; and
873	873	(2) the district improvement plan under Section
874	874	11.252[, Education Code].
875	875	(k) [(g)] The agency, the Health and Human Services
876	876	Commission, and each regional education service center:
877	877	(1) [department] may accept donations for purposes of
878	878	this section from sources without a conflict of interest; and
879	879	(2) [. The department] may not accept donations for
880	880	purposes of this section from an anonymous source.
881	881	(l) [(i)] Nothing in this section is intended to interfere
882	882	with the rights of parents or guardians and the decision-making
883	883	regarding the best interest of the child. Practices [Policy] and
884	884	procedures developed [adopted] in accordance with this section are
885	885	intended to notify a parent or guardian of a need for mental health
886	886	or substance abuse intervention so that a parent or guardian may
887	887	take appropriate action. Nothing in this section shall be
888	888	construed as giving school districts the authority to prescribe
889	889	medications. Any and all medical decisions are to be made by a
890	890	parent or guardian of a student.
891	891	Sec. 38.302 [161.326]. IMMUNITY. This subchapter does not:
892	892	(1) waive any immunity from liability of a school
893	893	district or of district school officers or employees;
894	894	(2) create any liability for a cause of action against
895	895	a school district or against district school officers or employees;
896	896	or
897	897	(3) waive any immunity from liability under Section
898	898	74.151, Civil Practice and Remedies Code.
899	899	ARTICLE 2. CONFORMING AMENDMENTS
900	900	SECTION 2.01. Section 74.151(e), Civil Practice and
901	901	Remedies Code, is amended to read as follows:
902	902	(e) Except as provided by this subsection, this section does
903	903	not apply to a person whose negligent act or omission was a
904	904	producing cause of the emergency for which care is being
905	905	administered. This subsection does not apply to liability of a
906	906	school district or district school officer or employee arising from
907	907	an act or omission under a program or practice [policy] or procedure
908	908	developed [adopted] under Subchapter G, Chapter 38, Education [O-1,
909	909	Chapter 161, Health and Safety] Code, other than liability arising
910	910	from wilful or intentional misconduct.
911	911	SECTION 2.02. Section 38.0141, Education Code, is amended
912	912	to read as follows:
913	913	Sec. 38.0141. REPORTING OF CERTAIN HEALTH AND SAFETY
914	914	INFORMATION REQUIRED. Each school district shall provide to the
915	915	agency information as required by the commissioner, including
916	916	statistics and data, relating to student health and physical
917	917	activity and information described by Sections 28.004(k)(2), (3),
918	918	and (4) [Section 28.004(k),] presented in a form determined by the
919	919	commissioner. The district shall provide the information required
920	920	by this section for the district and for each campus in the
921	921	district.
922	922	ARTICLE 3. REPEALER; TRANSITION; EFFECTIVE DATE
923	923	SECTION 3.01. The following provisions of the Education
924	924	Code are repealed:
925	925	(1) Section 21.463; and
926	926	(2) Section 28.002(w).
927	927	SECTION 3.02. (a) Not later than December 1, 2017, the Texas
928	928	Education Agency, in cooperation with the Health and Human Services
929	929	Commission, shall establish the Internet website to provide
930	930	resources for school employees, as required by Section 21.462,
931	931	Education Code, as added by this Act.
932	932	(b) Not later than March 1, 2018:
933	933	(1) the State Board for Educator Certification shall
934	934	propose rules under Section 21.054, Education Code, to comply with
935	935	the changes in law made to that section by this Act; and
936	936	(2) the Texas Education Agency, in cooperation with
937	937	the Health and Human Services Commission, shall develop the
938	938	guidelines required by Section 38.0591, Education Code, as added by
939	939	this Act.
940	940	(c) Not later than August 1, 2018, the Texas Education
941	941	Agency, in coordination with the Health and Human Services
942	942	Commission and regional education service centers, shall provide a
943	943	list of recommended best practice-based programs as required by
944	944	Section 38.301, Education Code, as transferred, redesignated, and
945	945	amended by this Act.
946	946	SECTION 3.03. Any change in law made by this Act that
947	947	imposes a new duty or requirement on a school district or an
948	948	open-enrollment charter school applies beginning with the
949	949	2018-2019 school year.
950	950	SECTION 3.04. This Act takes effect September 1, 2017.