| 1 | 1 | | 86R6300 GCB-F |
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| 2 | 2 | | By: Coleman H.B. No. 2095 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the availability of certain behavioral health |
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| 8 | 8 | | professionals at certain public schools. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 33, Education Code, is |
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| 11 | 11 | | amended by adding Section 33.911 to read as follows: |
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| 12 | 12 | | Sec. 33.911. BEHAVIORAL HEALTH PROFESSIONAL. (a) In this |
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| 13 | 13 | | section, "behavioral health professional" means: |
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| 14 | 14 | | (1) a licensed specialist in school psychology |
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| 15 | 15 | | licensed under Chapter 501, Occupations Code; |
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| 16 | 16 | | (2) a licensed professional counselor licensed under |
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| 17 | 17 | | Chapter 503, Occupations Code; |
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| 18 | 18 | | (3) a licensed clinical social worker licensed under |
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| 19 | 19 | | Chapter 505, Occupations Code; or |
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| 20 | 20 | | (4) a school counselor with an appropriate certificate |
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| 21 | 21 | | or permit issued under Subchapter B, Chapter 21. |
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| 22 | 22 | | (b) A school district that receives additional state aid |
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| 23 | 23 | | under Section 42.25185 shall: |
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| 24 | 24 | | (1) assign a behavioral health professional to each |
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| 25 | 25 | | campus in the district; or |
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| 26 | 26 | | (2) ensure the services of a behavioral health |
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| 27 | 27 | | professional are provided to students at each campus in the |
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| 28 | 28 | | district through a contract with one or more behavioral health |
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| 29 | 29 | | professionals or a private or nonprofit organization that employs |
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| 30 | 30 | | or provides the services of behavioral health professionals. |
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| 31 | 31 | | (c) A school district may not require a behavioral health |
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| 32 | 32 | | professional assigned under this section to administer assessment |
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| 33 | 33 | | instruments or provide other assistance in connection with |
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| 34 | 34 | | assessment instruments. |
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| 35 | 35 | | SECTION 2. Subchapter A, Chapter 37, Education Code, is |
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| 36 | 36 | | amended by adding Section 37.0016 to read as follows: |
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| 37 | 37 | | Sec. 37.0016. REFERRAL TO BEHAVIORAL HEALTH SERVICES. (a) |
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| 38 | 38 | | If an educator notifies the campus behavior coordinator designated |
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| 39 | 39 | | under Section 37.0012 about a concern regarding the behavioral |
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| 40 | 40 | | health of a student enrolled at the campus, the campus behavior |
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| 41 | 41 | | coordinator shall consult with the student's parent or guardian and |
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| 42 | 42 | | if appropriate make a referral of opportunities for the student to |
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| 43 | 43 | | access behavioral health services. |
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| 44 | 44 | | (b) A referral made under Subsection (a) must include |
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| 45 | 45 | | behavioral health services from a behavioral health professional, |
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| 46 | 46 | | as defined by Section 33.911, who provides services at the campus in |
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| 47 | 47 | | a manner provided by that section. |
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| 48 | 48 | | (c) If the services of a behavioral health professional are |
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| 49 | 49 | | not provided at the campus in the manner described by Section |
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| 50 | 50 | | 33.911, a referral made under Subsection (a) may include a referral |
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| 51 | 51 | | for behavioral health services from a local mental health authority |
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| 52 | 52 | | or a private or community-based provider of behavioral health |
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| 53 | 53 | | services. |
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| 54 | 54 | | (d) If Subsection (c) applies and during the consultation |
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| 55 | 55 | | under Subsection (a), the student's parent or guardian informs the |
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| 56 | 56 | | campus behavior coordinator that the parent or guardian is not able |
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| 57 | 57 | | to pay for behavioral health services and that the student is not |
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| 58 | 58 | | covered under a health insurance policy or other health benefit |
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| 59 | 59 | | plan, the campus behavior coordinator, with the consent of the |
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| 60 | 60 | | parent or guardian, shall coordinate with available |
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| 61 | 61 | | community-based organizations, faith-based organizations, or other |
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| 62 | 62 | | appropriate providers to secure behavioral health services for the |
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| 63 | 63 | | student. |
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| 64 | 64 | | (e) The campus behavior coordinator shall annually report |
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| 65 | 65 | | to the campus principal the number of students for which a referral |
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| 66 | 66 | | for behavioral health services is made under this section. The |
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| 67 | 67 | | report must include, for each student for whom a referral is made, |
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| 68 | 68 | | the student's: |
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| 69 | 69 | | (1) disability status; |
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| 70 | 70 | | (2) race; and |
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| 71 | 71 | | (3) sex. |
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| 72 | 72 | | SECTION 3. Subchapter E, Chapter 42, Education Code, is |
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| 73 | 73 | | amended by adding Section 42.25185 to read as follows: |
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| 74 | 74 | | Sec. 42.25185. ADDITIONAL STATE AID FOR BEHAVIORAL HEALTH |
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| 75 | 75 | | PROFESSIONALS. (a) For each school year, the commissioner may |
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| 76 | 76 | | provide additional state aid to each school district in an amount, |
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| 77 | 77 | | as determined by the commissioner, sufficient to assist the |
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| 78 | 78 | | district in employing or contracting for the services of behavioral |
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| 79 | 79 | | health professionals under Section 33.911, if funds are available |
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| 80 | 80 | | for that purpose. |
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| 81 | 81 | | (b) The commissioner shall adopt rules as necessary to |
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| 82 | 82 | | administer this section. |
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| 83 | 83 | | SECTION 4. This Act applies beginning with the 2020-2021 |
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| 84 | 84 | | school year. |
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| 85 | 85 | | SECTION 5. This Act takes effect September 1, 2019. |
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