Texas 2019 - 86th Regular

Texas House Bill HB2997 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R21944 SOS-D
2		-	By: Talarico, Thierry, Bernal, Hinojosa H.B. No. 2997
3		-	Substitute the following for H.B. No. 2997:. No. 2997:. No. 2997:
4		-	By: González of El Paso C.S.H.B. No. 2997
	1	+	86R13566 SOS-D
	2	+	By: Talarico H.B. No. 2997
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to suicide prevention training for certain public school
10	8		employees and public school mental health related programs and the
11	9		applicability of related immunity provisions.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 21.451(d), Education Code, is amended to
14	12		read as follows:
15	13		(d) The staff development:
16	14		(1) may include training in:
17	15		(A) technology;
18	16		(B) conflict resolution;
19	17		(C) discipline strategies, including classroom
20	18		management, district discipline policies, and the student code of
21	19		conduct adopted under Section 37.001 and Chapter 37;
22	20		(D) preventing, identifying, responding to, and
23	21		reporting incidents of bullying; and
24	22		(E) digital learning;
25	23		(2) subject to Subsection (e) and to Section 21.3541
26	24		and rules adopted under that section, must include training that is
27	25		evidence-based, as defined by Section 8101, Every Student Succeeds
28	26		Act (20 U.S.C. Section 7801), that:
29	27		(A) relates to instruction of students with
30	28		disabilities; and
31	29		(B) is designed for educators who work primarily
32	30		outside the area of special education; and
33	31		(3) must include suicide prevention training that must
34	32		be provided in accordance with Section 161.325, Health and Safety
35	33		Code[:
36	34		[(A) on an annual basis, as part of a new employee
37	35		orientation, to all new school district and open-enrollment charter
38	36		school educators; and
39	37		[(B) to existing school district and
40	38		open-enrollment charter school educators on a schedule adopted by
41	39		the agency by rule].
42	40		SECTION 2. Section 161.325, Health and Safety Code, is
43	41		amended by amending Subsections (a), (c-1), (c-2), and (d) and
44	42		adding Subsection (c-3) to read as follows:
45	43		(a) The department, in coordination with the Texas
46	44		Education Agency and regional education service centers, shall
47	45		provide and annually update a list of recommended best
48	46		practice-based programs and research-based practices in the areas
49	47		specified under Subsection (a-1) for implementation in public
50	48		elementary, junior high, middle, and high schools within the
51	49		general education setting. Each school district or open-enrollment
52	50		charter school may select from the list a program or programs
53	51		appropriate for implementation in the district or school.
54	52		(c-1) Each [Except as otherwise provided by this
55	53		subsection, each] school district and open-enrollment charter
56	54		school shall provide each year training described in the components
57	55		set forth under Subsection (b) for an employee who regularly
58	56		interacts with students enrolled in the district or school
59	57		[teachers, counselors, principals, and all other appropriate
60	58		personnel. A school district is required to provide the training at
61	59		an elementary school campus only to the extent that sufficient
62	60		funding and programs are available]. A school district or
63	61		open-enrollment charter school must [may] implement a program on
64	62		the list to satisfy the requirements of this subsection.
65	63		(c-2) A [If a school district provides the training under
66	64		Subsection (c-1):
67	65		[(1) a] school district or open-enrollment charter
68	66		school employee described under Subsection (c-1) [that subsection]
69		-	must participate in the training described in the components set
70		-	forth under Subsection (b) at regular intervals, not to exceed four
71		-	years, as provided by a schedule adopted by commissioner of
72		-	education rule. An employee may satisfy the training required
73		-	through independent review of suicide prevention training material
74		-	that:
	67	+	must participate each year in the training described in the
	68	+	components set forth under Subsection (b) on a schedule adopted by
	69	+	rule by the commissioner of education. An employee may satisfy the
	70	+	training required through independent review of suicide prevention
	71	+	training material that:
75	72		(1) complies with the guidelines developed by the
76	73		Texas Education Agency; and
77	74		(2) is offered online.
78	75		(c-3) A [at least one time; and
79	76		[(2) the] school district or open-enrollment charter
80	77		school shall maintain records that include the name of each
81	78		district or school employee who participates [participated] in the
82	79		training under Subsection (c-1) or (c-2).
83	80		(d) A school district or open-enrollment charter school may
84	81		develop practices and procedures concerning each area listed in
85	82		Subsection (a-1), including mental health promotion and
86	83		intervention, substance abuse prevention and intervention, and
87	84		suicide prevention, that:
88	85		(1) include a procedure for providing notice of a
89	86		recommendation for early mental health or substance abuse
90	87		intervention regarding a student to a parent or guardian of the
91	88		student within a reasonable amount of time after the identification
92	89		of early warning signs as described by Subsection (b)(2);
93	90		(2) include a procedure for providing notice of a
94	91		student identified as at risk of death by suicide [committing
95	92		suicide] to a parent or guardian of the student within a reasonable
96	93		amount of time after the identification of early warning signs as
97	94		described by Subsection (b)(2);
98	95		(3) establish that the district or school may develop
99	96		a reporting mechanism and may designate at least one person to act
100	97		as a liaison officer in the district or school for the purposes of
101	98		identifying students in need of early mental health or substance
102	99		abuse intervention or suicide prevention; and
103	100		(4) set out available counseling alternatives for a
104	101		parent or guardian to consider when their child is identified as
105	102		possibly being in need of early mental health or substance abuse
106	103		intervention or suicide prevention.
107	104		SECTION 3. Section 161.326, Health and Safety Code, is
108	105		amended to read as follows:
109	106		Sec. 161.326. IMMUNITY. This subchapter does not:
110	107		(1) waive any immunity from liability of a school
111	108		district or open-enrollment charter school or of the district or
112	109		school officers or employees;
113	110		(2) create any liability for a cause of action against
114	111		a school district or open-enrollment charter school or against the
115	112		district or school officers or employees; or
116	113		(3) waive any immunity from liability under Section
117	114		74.151, Civil Practice and Remedies Code.
118	115		SECTION 4. Sections 21.451(d-1) and (d-2), Education Code,
119	116		are repealed.
120	117		SECTION 5. This Act takes effect immediately if it receives
121	118		a vote of two-thirds of all the members elected to each house, as
122	119		provided by Section 39, Article III, Texas Constitution. If this
123	120		Act does not receive the vote necessary for immediate effect, this
124	121		Act takes effect September 1, 2019.