86R21944 SOS-D
By: Talarico, Thierry, Bernal, Hinojosa H.B. No. 2997
Substitute the following for H.B. No. 2997:. No. 2997:. No. 2997:
By: González of El Paso C.S.H.B. No. 2997
A BILL TO BE ENTITLED
AN ACT
relating to suicide prevention training for certain public school
employees and public school mental health related programs and the
applicability of related immunity provisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.451(d), Education Code, is amended to
read as follows:
(d) The staff development:
(1) may include training in:
(A) technology;
(B) 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
(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), that:
(A) relates to instruction of students with
disabilities; and
(B) is designed for educators who work primarily
outside the area of special education; and
(3) must include suicide prevention training that must
be provided in accordance with Section 161.325, Health and Safety
Code[:
[(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].
SECTION 2. Section 161.325, Health and Safety Code, is
amended by amending Subsections (a), (c-1), (c-2), and (d) and
adding Subsection (c-3) to read as follows:
(a) The department, in coordination with the 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 (a-1) for implementation in public
elementary, junior high, middle, and high schools within the
general education setting. Each school district or open-enrollment
charter school may select from the list a program or programs
appropriate for implementation in the district or school.
(c-1) Each [Except as otherwise provided by this
subsection, each] school district and open-enrollment charter
school shall provide each year training described in the components
set forth under Subsection (b) for an employee who regularly
interacts with students enrolled in the district or school
[teachers, 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 or
open-enrollment charter school must [may] implement a program on
the list to satisfy the requirements of this subsection.
(c-2) A [If a school district provides the training under
Subsection (c-1):
[(1) a] school district or open-enrollment charter
school employee described under Subsection (c-1) [that subsection]
must participate in the training described in the components set
forth under Subsection (b) at regular intervals, not to exceed four
years, as provided by a schedule adopted by commissioner of
education rule. An employee may satisfy the training required
through independent review of suicide prevention training material
that:
(1) complies with the guidelines developed by the
Texas Education Agency; and
(2) is offered online.
(c-3) A [at least one time; and
[(2) the] school district or open-enrollment charter
school shall maintain records that include the name of each
district or school employee who participates [participated] in the
training under Subsection (c-1) or (c-2).
(d) A school district or open-enrollment charter school may
develop practices and procedures concerning each area listed in
Subsection (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 (b)(2);
(2) include a procedure for providing notice of a
student identified as at risk of death by suicide [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 (b)(2);
(3) establish that the district or school may develop
a reporting mechanism and may designate at least one person to act
as a liaison officer in the district or school 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.
SECTION 3. Section 161.326, Health and Safety Code, is
amended to read as follows:
Sec. 161.326. IMMUNITY. This subchapter does not:
(1) waive any immunity from liability of a school
district or open-enrollment charter school or of the district or
school officers or employees;
(2) create any liability for a cause of action against
a school district or open-enrollment charter school or against the
district or school officers or employees; or
(3) waive any immunity from liability under Section
74.151, Civil Practice and Remedies Code.
SECTION 4. Sections 21.451(d-1) and (d-2), Education Code,
are repealed.
SECTION 5. 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, 2019.