86R6300 GCB-F
By: Coleman H.B. No. 2095
A BILL TO BE ENTITLED
AN ACT
relating to the availability of certain behavioral health
professionals at certain public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 33, Education Code, is
amended by adding Section 33.911 to read as follows:
Sec. 33.911. BEHAVIORAL HEALTH PROFESSIONAL. (a) In this
section, "behavioral health professional" means:
(1) a licensed specialist in school psychology
licensed under Chapter 501, Occupations Code;
(2) a licensed professional counselor licensed under
Chapter 503, Occupations Code;
(3) a licensed clinical social worker licensed under
Chapter 505, Occupations Code; or
(4) a school counselor with an appropriate certificate
or permit issued under Subchapter B, Chapter 21.
(b) A school district that receives additional state aid
under Section 42.25185 shall:
(1) assign a behavioral health professional to each
campus in the district; or
(2) ensure the services of a behavioral health
professional are provided to students at each campus in the
district through a contract with one or more behavioral health
professionals or a private or nonprofit organization that employs
or provides the services of behavioral health professionals.
(c) A school district may not require a behavioral health
professional assigned under this section to administer assessment
instruments or provide other assistance in connection with
assessment instruments.
SECTION 2. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0016 to read as follows:
Sec. 37.0016. REFERRAL TO BEHAVIORAL HEALTH SERVICES. (a)
If an educator notifies the campus behavior coordinator designated
under Section 37.0012 about a concern regarding the behavioral
health of a student enrolled at the campus, the campus behavior
coordinator shall consult with the student's parent or guardian and
if appropriate make a referral of opportunities for the student to
access behavioral health services.
(b) A referral made under Subsection (a) must include
behavioral health services from a behavioral health professional,
as defined by Section 33.911, who provides services at the campus in
a manner provided by that section.
(c) If the services of a behavioral health professional are
not provided at the campus in the manner described by Section
33.911, a referral made under Subsection (a) may include a referral
for behavioral health services from a local mental health authority
or a private or community-based provider of behavioral health
services.
(d) If Subsection (c) applies and during the consultation
under Subsection (a), the student's parent or guardian informs the
campus behavior coordinator that the parent or guardian is not able
to pay for behavioral health services and that the student is not
covered under a health insurance policy or other health benefit
plan, the campus behavior coordinator, with the consent of the
parent or guardian, shall coordinate with available
community-based organizations, faith-based organizations, or other
appropriate providers to secure behavioral health services for the
student.
(e) The campus behavior coordinator shall annually report
to the campus principal the number of students for which a referral
for behavioral health services is made under this section. The
report must include, for each student for whom a referral is made,
the student's:
(1) disability status;
(2) race; and
(3) sex.
SECTION 3. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.25185 to read as follows:
Sec. 42.25185. ADDITIONAL STATE AID FOR BEHAVIORAL HEALTH
PROFESSIONALS. (a) For each school year, the commissioner may
provide additional state aid to each school district in an amount,
as determined by the commissioner, sufficient to assist the
district in employing or contracting for the services of behavioral
health professionals under Section 33.911, if funds are available
for that purpose.
(b) The commissioner shall adopt rules as necessary to
administer this section.
SECTION 4. This Act applies beginning with the 2020-2021
school year.
SECTION 5. This Act takes effect September 1, 2019.