86R3542 KJE-F
By: Price H.B. No. 1069
A BILL TO BE ENTITLED
AN ACT
relating to consideration of the mental health of public school
students in training requirements for certain school employees,
curriculum requirements, counseling programs, educational
programs, state and regional programs and services, and health care
services for students and to mental health first aid program
training and reporting regarding local mental health authority and
school district personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. MENTAL HEALTH OF STUDENTS IN PUBLIC SCHOOLS
SECTION 1.01. Section 5.001, Education Code, is amended by
adding Subdivision (9) to read as follows:
(9) "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.
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
Section 39.053(c). 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 interventions and support,
including interventions and support that integrate best practices
on grief-informed and trauma-informed care [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; and
(I) implementation of a comprehensive school
counseling program under Section 33.005;
(4) strategies for providing to elementary school,
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, including state financial aid opportunities
such as[;
[(B)] the TEXAS grant program and the Teach for
Texas grant program established under Chapter 56;
(B) [(C)] the need for students to make informed
curriculum choices to be prepared for success beyond high school;
and
(C) [(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 21.044(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) a program selected from the list of
recommended best practice-based programs and research-based
practices established under Section 38.351; or
(B) a course offered by any accredited public or
private postsecondary educational institution as part of a degree
program [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 health conditions or who engage in substance
abuse.
SECTION 1.04. Sections 21.054(d), (d-2), (e), (e-2), (f),
and (g), Education Code, are amended to read as follows:
(d) Continuing education requirements for a classroom
teacher must provide that at least [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) digital learning, digital teaching, and
integrating technology into classroom instruction;
(4) educating diverse student populations, including:
(A) students who are eligible to participate in
special education programs under Subchapter A, Chapter 29 [with
disabilities, including mental health disorders];
(B) students who are eligible to receive
educational services required under Section 504, Rehabilitation
Act of 1973 (29 U.S.C. Section 794);
(C) students with mental health conditions 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; [and]
(5) understanding appropriate relationships,
boundaries, and communications between educators and students;
and[.]
(6) [(d-2) Continuing education requirements for a
classroom teacher may include instruction regarding] how mental
health conditions, including 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.
(d-2) The instruction required under Subsection (d)(6) must
be:
(1) based on relevant best practice-based programs and
research-based practices; and
(2) approved by the commissioner, in consultation with
the Health and Human Services Commission.
(e) Continuing education requirements for a principal must
provide that at least [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) digital learning, digital teaching, and
integrating technology into campus curriculum and instruction;
(4) effective implementation of a comprehensive
school counseling program under Section 33.005;
(5) mental health programs addressing a mental health
condition;
(6) educating diverse student populations, including:
(A) students who are eligible to participate in
special education programs under Subchapter A, Chapter 29 [with
disabilities, including mental health disorders];
(B) students with intellectual or developmental
disabilities;
(C) students who are eligible to receive
educational services required under Section 504, Rehabilitation
Act of 1973 (29 U.S.C. Section 794);
(D) students with mental health conditions or who
engage in substance abuse;
(E) students who are educationally
disadvantaged;
(F) [(C)] students of limited English
proficiency; and
(G) [(D)] students at risk of dropping out of
school; [and]
(7) [(5)] preventing, recognizing, and reporting any
sexual conduct between an educator and student that is prohibited
under Section 21.12, Penal Code, or for which reporting is required
under Section 21.006 of this code; and [.]
(8) [(e-2) Continuing education requirements for a
principal may include instruction regarding] how mental health
conditions, including 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-2) The instruction required under Subsection (e)(8) must
be:
(1) based on relevant best practice-based programs and
research-based practices; and
(2) approved by the commissioner, in consultation with
the Health and Human Services Commission.
(f) Continuing education requirements for a counselor must
provide that at least [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;
(4) counseling students concerning mental health
conditions and substance abuse, including through the use of
grief-informed and trauma-informed interventions and crisis
management and suicide prevention strategies; and
(5) effective implementation of a comprehensive
school counseling program under Section 33.005.
(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 to complete a mental health first aid training program
described by this subsection and receive credit toward continuing
education requirements for twice the number of hours of instruction
provided under that program, not to exceed 16 hours. The program
must be offered through a classroom instruction format that
requires in-person attendance. [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 1.05. 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) technology;
(B) positive behavior intervention and support
[conflict resolution;
[(C) discipline] strategies, including classroom
management, district discipline policies, and the student code of
conduct adopted under [Section 37.001 and] Chapter 37;
[(D) preventing, identifying, responding to, and
reporting incidents of bullying;] and
(C) [(E)] digital learning;
(2) subject to Subsection (e) and to Section 21.3541
and rules adopted under that section, must include training that is
evidence-based, as defined by Section 8101, Every Student Succeeds
Act (20 U.S.C. Section 7801), and that:
(A) relates to instruction of students with
disabilities, including students with disabilities who also have
other intellectual or mental health conditions; and
(B) is designed for educators who work primarily
outside the area of special education; and
(3) must include [suicide prevention] training on:
(A) suicide prevention;
(B) recognizing signs of mental health
conditions and substance abuse;
(C) strategies for establishing and maintaining
positive relationships among students, including conflict
resolution;
(D) 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; and
(E) preventing, identifying, responding to, and
reporting incidents of bullying.
(d-1) The training required by Subsection (d)(3) [that]
must:
(1) 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; and [.]
(2) [(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 38.351 [161.325, Health and Safety Code].
SECTION 1.06. Section 21.462, Education Code, is amended to
read as follows:
Sec. 21.462. RESOURCES REGARDING STUDENTS WITH MENTAL
HEALTH OR SUBSTANCE ABUSE CONDITIONS [NEEDS]. The agency, in
coordination with the Health and Human Services Commission, shall
establish and maintain an Internet website to provide resources for
school district or open-enrollment charter school employees
regarding working with students with mental health conditions or
who engage in substance abuse. The agency must include on the
Internet website information about:
(1) grief-informed and trauma-informed practices;
(2) building skills related to managing emotions,
establishing and maintaining positive relationships, and
responsible decision-making;
(3) positive behavior interventions and supports; and
(4) a safe and supportive school climate.
SECTION 1.07. 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) health, with emphasis on:
(i) physical health, including the
importance of proper nutrition and exercise; and
(ii) mental health, including instruction
about mental health conditions, substance abuse, skills to manage
emotions, establishing and maintaining positive relationships, and
responsible decision-making;
(C) physical education;
(D) fine arts;
(E) career and technology education;
(F) technology applications;
(G) religious literature, including the Hebrew
Scriptures (Old Testament) and New Testament, and its impact on
history and literature; and
(H) personal financial literacy.
(r) In adopting the essential knowledge and skills for the
health curriculum under Subsection (a)(2)(B), the State Board of
Education shall adopt essential knowledge and skills that address
the science, risk factors, causes, dangers, [causes,]
consequences, signs, symptoms, and treatment of substance abuse,
including the use of illegal drugs, abuse of prescription drugs,
abuse of alcohol such as by binge drinking or other excessive
drinking resulting in [and] alcohol poisoning, inhaling solvents,
and other forms of 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
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 are evidence-based [use valid and reliable
measures and that are published in peer-reviewed journals].
SECTION 1.08. 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:
(A) health education in kindergarten through
grade eight; and
(B) if the school district requires health
education for high school graduation, health education, including
physical health education and mental health education, in grades 9
through 12;
(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 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 on substance abuse prevention
[to prevent the use of e-cigarettes, as defined by Section 161.081,
Health and Safety Code, and tobacco];
(F) school health services, including mental
health services;
(G) a comprehensive school counseling program
under Section 33.005 [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) a comprehensive school counseling program
under Section 33.005 [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 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) classroom [public school] teachers employed by the
district;
(2) school counselors certified under Subchapter B,
Chapter 21, employed by the district;
(3) [public] school administrators employed by the
district;
(4) [(3)] district students;
(5) [(4)] health care professionals licensed or
certified to practice in this state, including medical or mental
health professionals;
(6) [(5)] the business community;
(7) [(6)] law enforcement;
(8) [(7)] senior citizens;
(9) [(8)] the clergy;
(10) [(9)] nonprofit health organizations; and
(11) [(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 and procedures 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 1.09. Section 29.012(d), Education Code, is amended
to read as follows:
(d) The agency [Texas Education Agency], the Health and
Human Services Commission, the Texas Workforce 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 1.10. 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 Workforce
Commission [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 1.11. 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 Workforce Commission [School for the Blind and Visually
Impaired], and other related programs, agencies, or facilities as
appropriate.
SECTION 1.12. Section 33.004(b), Education Code, is amended
to read as follows:
(b) Each school, before implementing a comprehensive school
[and developmental guidance and] counseling program under Section
33.005, shall annually conduct a preview of the program for parents
and guardians. All materials, including curriculum to be used
during the year, must be available for a parent or guardian to
preview during school hours. Materials or curriculum not included
in the materials available on the campus for preview may not be
used.
SECTION 1.13. Section 33.005, Education Code, is amended to
read as follows:
Sec. 33.005. COMPREHENSIVE SCHOOL [DEVELOPMENTAL GUIDANCE
AND] COUNSELING PROGRAMS. A school counselor shall work with the
school faculty and staff, students, parents, and the community to
plan, implement, and evaluate a comprehensive school
[developmental guidance and] counseling program that conforms to
the most recent edition of the Texas Model for Comprehensive School
Counseling Programs developed by the Texas Counseling Association.
[The school counselor shall design the program to include:
[(1) a guidance curriculum to help students develop
their full educational potential, including the student's
interests and career objectives;
[(2) a responsive services component to intervene on
behalf of any student whose immediate personal concerns or problems
put the student's continued educational, career, personal, or
social development at risk;
[(3) an individual planning system to guide a student
as the student plans, monitors, and manages the student's own
educational, career, personal, and social development; and
[(4) system support to support the efforts of
teachers, staff, parents, and other members of the community in
promoting the educational, career, personal, and social
development of students.]
SECTION 1.14. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0101 to read as follows:
Sec. 38.0101. AUTHORITY TO EMPLOY OR CONTRACT WITH
NONPHYSICIAN MENTAL HEALTH PROFESSIONAL. (a) A school district
may employ or contract with one or more nonphysician mental health
professionals.
(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 1.15. 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
education and services related to:
(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 mental health conditions, mental health well-being, skills to
manage emotions, establishing and maintaining positive
relationships, and responsible decision-making;
(3) substance abuse education, including education
about alcohol abuse, prescription drug abuse, and abuse of other
controlled substances;
(4) physical education and physical activity; and
(5) [(3) nutrition services; and
[(4)] parental involvement.
SECTION 1.16. 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, or an
employee of an entity with which the district contracts, who is a
registered nurse, advanced nurse practitioner, physician, or
nonphysician mental health professional licensed or certified to
practice in this state [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 1.17. 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 or the governing body of an open-enrollment charter
school, a school district or open-enrollment charter school 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 1.18. Section 38.054, Education Code, is amended to
read as follows:
Sec. 38.054. CATEGORIES OF SERVICES. 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;
(6) treatment for mental health conditions; and
(7) treatment for substance abuse.
SECTION 1.19. 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 1.20. Section 38.058, Education Code, is amended to
read as follows:
Sec. 38.058. HEALTH EDUCATION AND HEALTH CARE ADVISORY
COUNCIL. (a) The board of trustees of a school district or the
governing body of an open-enrollment charter school may establish
and appoint members to a local health education and health care
advisory council to make recommendations to the district or school
on the establishment of school-based health centers and to assist
the district or school in ensuring that local community values are
reflected in the operation of each center and in the provision of
health education.
(b) A majority of the members of the council must be parents
of students enrolled in the school district or open-enrollment
charter school. In addition to the appointees who are parents of
students, the board of trustees or governing body shall also
appoint at least one person from each of the following groups:
(1) classroom teachers;
(2) school administrators;
(3) school counselors;
(4) [licensed] health care professionals licensed or
certified to practice in this state;
(5) [(4)] the clergy;
(6) [(5)] law enforcement;
(7) [(6)] the business community;
(8) [(7)] senior citizens; and
(9) [(8)] students.
SECTION 1.21. 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 or other private mental health services
providers and substance abuse services providers to increase
student access to school-based mental health services; and
(2) obtaining school-based mental health services
through the medical assistance program under Chapter 32, Human
Resources Code.
SECTION 1.22. Section 38.060(c), Education Code, is amended
to read as follows:
(c) The school district or open-enrollment charter school
[council] shall keep a record of efforts made to coordinate with
existing providers.
SECTION 1.23. Subchapter O-1, Chapter 161, Health and
Safety Code, as amended by Chapter 522 (S.B. 179) and Chapter 714
(H.B. 4056), Acts of the 85th Legislature, Regular Session, 2017,
is transferred to Chapter 38, Education Code, redesignated as
Subchapter G, Chapter 38, Education Code, reenacted, and amended to
read as follows:
SUBCHAPTER G [O-1]. MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH
SUICIDE
Sec. 38.351 [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
and research-based practices 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.
(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 and practices in the following areas:
(1) early mental health intervention;
(2) building skills related to managing emotions,
establishing and maintaining positive relationships, and
responsible decision-making;
[(2) mental health promotion;]
(3) substance abuse prevention and intervention;
(4) [substance abuse intervention;
[(5)] suicide prevention;
(5) [(6) trauma-informed practices;
[(6)] grief-informed and trauma-informed practices;
(6) [(7) building skills related to managing
emotions, establishing and maintaining positive relationships, and
responsible decision-making;
[(7)] positive school climates; [and]
(7) [(8)] positive behavior interventions and
supports;
(8) [positive behavior interventions and 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.
[(a-3)] For purposes of Subsection (c) [(a-1)], "school
climate" means the quality and character of school life, including
interpersonal relationships, teaching and learning practices, and
organizational structures, as experienced by students enrolled in
the school district, parents of those students, and personnel
employed by the district.
(e) [(b)] The suicide prevention programs on the list
provided under Subsection (a) must include components that provide
for training school 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 attempting
[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.
(f) [(c)] In developing the list of best practice-based
programs and research-based practices, 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.
(g) [(c-1)] Except as otherwise provided by this
subsection, each school district shall provide training described
in the components set forth under Subsection (e) [(b)] for
teachers, school 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.
(h) [(c-2)] If a school district provides the training
under Subsection (g) [(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.
(i) [(d)] A school district shall [may] develop practices
and procedures concerning each area listed in Subsection (c)
[(a-1)], including mental health promotion and intervention,
substance abuse prevention and intervention, and suicide
prevention, that:
(1) include 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 (e)(2) [(b)(2)];
(2) include a procedure for providing notice of a
student identified as at risk of attempting [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 (e)(2) [(b)(2)];
(3) establish 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) set 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.
(j) [(e)] The practices and procedures developed under
Subsection (i):
(1) may address multiple areas listed in Subsection
(c) together; and
(2) [(d)] 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.
(k) [(f)] The practices and procedures developed under
Subsection (i) [(d)] must be included in:
(1) the annual student handbook; and
(2) the district improvement plan under Section
11.252[, Education Code].
(l) The agency shall develop and make available to school
districts guiding principles on the coordination of programs and
practices in areas listed under Subsection (c).
(m) [(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.
(n) [(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. Practices and procedures
developed 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. 38.352 [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. MENTAL HEALTH FIRST AID PROGRAM TRAINING AND REPORTING
SECTION 2.01. Section 1001.205, Health and Safety Code, is
amended to read as follows:
Sec. 1001.205. REPORTS. (a) Not later than September 30 of
each year, a local mental health authority shall provide to the
department the number of:
(1) employees and contractors of the authority who
were trained as mental health first aid trainers under Section
1001.202 during the preceding fiscal year, the number of trainers
who left the program for any reason during the preceding fiscal
year, and the number of active trainers;
(2) university employees, school district employees,
and school resource officers who completed a mental health first
aid training program offered by the authority under Section
1001.203 during the preceding fiscal year categorized by local
mental health authority region, university or school district, as
applicable, and category of personnel; and
(3) individuals who are not university employees,
school district employees, or school resource officers who
completed a mental health first aid training program offered by the
authority during the preceding fiscal year.
(b) Not later than December 1 of each year, the department
shall compile the information submitted by local mental health
authorities as required by Subsection (a) and submit a report to the
legislature containing [the number of]:
(1) the number of authority employees and contractors
trained as mental health first aid trainers during the preceding
fiscal year, the number of trainers who left the program for any
reason during the preceding fiscal year, and the number of active
trainers;
(2) the number of university employees, school
district employees, and school resource officers who completed a
mental health first aid training program provided by an authority
during the preceding fiscal year categorized by local mental health
authority region, university or school district, as applicable, and
category of personnel; [and]
(3) the number of individuals who are not university
employees, school district employees, or school resource officers
who completed a mental health first aid training program provided
by an authority during the preceding fiscal year; and
(4) a detailed accounting of expenditures of money
appropriated for the purpose of implementing this subchapter.
SECTION 2.02. Subchapter H, Chapter 1001, Health and Safety
Code, is amended by adding Section 1001.207 to read as follows:
Sec. 1001.207. PROGRAM PROMOTION. (a) The commission shall
make available on its official Internet website information about
the mental health first aid training program for the purpose of
promoting public awareness of the program. An electronic link to an
outside source of information is not sufficient.
(b) The Texas Education Agency shall make available on its
official Internet website information about the mental health first
aid training program for the purpose of promoting public awareness
of the program. An electronic link to an outside source of
information is not sufficient.
ARTICLE 3. CONFORMING AMENDMENTS
SECTION 3.01. 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 practice [policy] or procedure
developed [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 3.02. Section 38.0141(a), Education Code, is
amended to read as follows:
(a) 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 subsection for the district and for each campus in the
district.
ARTICLE 4. REPEALER; TRANSITION; EFFECTIVE DATE
SECTION 4.01. The following provisions of the Education
Code are repealed:
(1) Section 21.463; and
(2) Section 28.002(w).
SECTION 4.02. (a) Not later than May 1, 2020:
(1) the State Board for Educator Certification shall
propose rules under Section 21.054, Education Code, to comply with
the changes in law made to that section by this Act; and
(2) the Texas Education Agency, in cooperation with
the Health and Human Services Commission, shall develop the
guidelines required by Section 38.0591, Education Code, as added by
this Act.
(b) Not later than August 1, 2020, the Texas Education
Agency, in coordination with the Health and Human Services
Commission and regional education service centers, shall provide a
list of recommended best practice-based programs as required by
Section 38.351, Education Code, as transferred, redesignated,
reenacted, and amended by this Act.
SECTION 4.03. Any change in law made by this Act that
imposes a new duty or requirement on a school district or an
open-enrollment charter school applies beginning with the
2020-2021 school year.
SECTION 4.04. (a) Section 1001.205(a), Health and Safety
Code, as amended by this Act, applies only to a report due under
that subsection after December 31, 2019. A report due under that
subsection before that date is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(b) Section 1001.205(b), Health and Safety Code, as amended
by this Act, applies only to a report due under that subsection
after March 1, 2020. A report due under that subsection before that
date is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 4.05. Not later than March 1, 2020, the Health and
Human Services Commission and the Texas Education Agency shall
update their Internet websites to include the information required
by Section 1001.207, Health and Safety Code, as added by this Act.
SECTION 4.06. This Act takes effect December 1, 2019.