85R8595 GCB-D
By: Lucio S.B. No. 1689
A BILL TO BE ENTITLED
AN ACT
relating to confidential mental health screenings for students in
public primary and secondary schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 12, Health and Safety
Code, is amended by adding Section 12.022 to read as follows:
Sec. 12.022. CONFIDENTIAL MENTAL HEALTH SCREENINGS IN
PUBLIC SCHOOLS. (a) In this section, "agency" means the Texas
Education Agency.
(b) The department shall collaborate with the agency to
develop a plan for providing confidential mental health screenings
to students enrolled in public primary and secondary schools for
the purpose of identifying students who face mental health
challenges or show warning signs of mental illness.
(c) In developing the plan under Subsection (b), the
department and the agency:
(1) may consult with and seek assistance from the
Texas Medical Association, state psychiatric organizations, and,
as appropriate, other medical health and mental health
professionals and organizations; and
(2) shall determine whether:
(A) school districts employ persons who are
trained or otherwise qualified to conduct confidential mental
health screenings;
(B) each regional education service center has
the capacity for providing assistance in conducting confidential
mental health screenings at school districts; and
(C) any additional resources are available for
implementing confidential mental health screenings at school
districts.
(d) After developing the plan under Subsection (b), the
department and the agency shall provide confidential mental health
screenings to as many students enrolled in public primary and
secondary schools as practicable, using resources identified by the
department and the agency as available for that purpose.
(e) The consent of a parent or guardian of a student must be
obtained before a student receives a confidential mental health
screening under this section.
(f) The department and the agency may solicit grants or
charitable donations to provide confidential mental health
screenings for students from low-income households.
(g) Based on the implementation of the plan under Subsection
(d), the department and the agency shall develop a framework for
providing assistance and education to students whose confidential
mental health screenings indicate mental health challenges or
warning signs of mental illness.
(h) For a student whose confidential mental health
screening indicates mental health challenges that are not severe,
the entity conducting the confidential mental health screenings may
provide to the student an individual plan for overcoming mental
health challenges.
(i) For a student whose confidential mental health
screening indicates severe mental health challenges or warning
signs of mental illness, the entity conducting the confidential
mental health screenings shall provide notice to the parent or
guardian of the student containing information about:
(1) requesting a full individual and initial
evaluation of a student for purposes of special education services
under Section 29.004, Education Code; and
(2) other available treatment resources for the
student, including evaluation by an appropriate medical
practitioner.
(j) Not later than November 1, 2018, the department and the
agency jointly shall produce and submit a report to the lieutenant
governor, the speaker of the house of representatives, and each
legislative standing committee with jurisdiction over public and
primary education or mental health services. The report must
contain:
(1) a description of the plan developed under
Subsection (b);
(2) the results of the determinations made under
Subsection (c)(2);
(3) an analysis of the results of the confidential
mental health screenings conducted under this section; and
(4) recommendations for:
(A) assisting students with overcoming mental
health challenges; and
(B) legislative or other state action necessary
to:
(i) provide mental health education to
students; and
(ii) build state capacity for providing
mental health services to students.
(k) This section expires September 1, 2019.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.