H.B. No. 906
AN ACT
relating to the establishment of a collaborative task force to
study certain public school mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Education Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. COLLABORATIVE TASK FORCE ON PUBLIC SCHOOL MENTAL
HEALTH SERVICES
Sec. 38.301. DEFINITIONS. In this subchapter:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Task force" means the Collaborative Task Force on
Public School Mental Health Services.
Sec. 38.302. ESTABLISHMENT. The Collaborative Task Force
on Public School Mental Health Services is established to study and
evaluate:
(1) mental health services that are funded by this
state and provided at a school district or open-enrollment charter
school directly to:
(A) a student enrolled in the district or school;
(B) a parent or family member of or person
standing in parental relation to a student enrolled in the district
or school; or
(C) an employee of the district or school;
(2) training provided to an educator employed by the
district or school to provide the mental health services described
by Subdivision (1); and
(3) the impact the mental health services described by
Subdivision (1) have on:
(A) the number of violent incidents that occur at
school districts or open-enrollment charter schools;
(B) the suicide rate of the individuals who are
provided the mental health services described by Subdivision (1);
(C) the number of public school students referred
to the Department of Family and Protective Services for
investigation services and the reasons for those referrals;
(D) the number of individuals who are transported
from each school district or open-enrollment charter school for an
emergency detention under Chapter 573, Health and Safety Code; and
(E) the number of public school students referred
to outside counselors in accordance with Section 38.010.
Sec. 38.303. MEMBERSHIP. (a) The task force is composed
of:
(1) the commissioner or the commissioner's designee;
(2) the following additional members appointed by the
commissioner:
(A) three parents of students who are enrolled in
school districts or open-enrollment charter schools and receive the
mental health services described by Section 38.302(1);
(B) one person who provides the mental health
services described by Section 38.302(1) or the training described
by Section 38.302(2) and who is:
(i) a licensed professional counselor, as
defined by Section 503.002, Occupations Code;
(ii) a licensed clinical social worker, as
defined by Section 505.002, Occupations Code; or
(iii) a school counselor certified under
Subchapter B, Chapter 21;
(C) one person who is a psychiatrist;
(D) two persons who are administrators of
districts or schools that provide the mental health services
described by Section 38.302(1) or the training described by Section
38.302(2);
(E) one person who is a member of a foundation
that invests in the mental health services described by Section
38.302(1) or the training described by Section 38.302(2);
(F) one person who is an employee of an
institution of higher education designated under Section 38.307;
and
(G) one person who is a licensed specialist in
school psychology, as defined by Section 501.002, Occupations Code;
and
(3) for any other entity the task force considers
necessary, one person appointed by the task force for each such
entity.
(b) Appointments to the task force shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
(c) Chapter 2110, Government Code, does not apply to the
task force.
Sec. 38.304. OFFICERS. (a) The commissioner is designated
as the interim presiding officer for purposes of calling and
conducting the initial meeting of the task force.
(b) The task force:
(1) shall at its initial meeting select a presiding
officer from among its members for the purpose of calling and
conducting meetings; and
(2) may select an assistant presiding officer and a
secretary from among its members.
Sec. 38.305. COMPENSATION; REIMBURSEMENT. A member of the
task force may not receive compensation or reimbursement for
service on the task force.
Sec. 38.306. MEETINGS. (a) After its initial meeting, the
task force shall meet at least twice each year at a time and place
determined by the presiding officer.
(b) The task force may meet at other times the task force
considers appropriate. The presiding officer may call a meeting on
the officer's own motion.
(c) The task force may meet by teleconference.
Sec. 38.307. SUPPORT SERVICES FOR TASK FORCE. (a) The
commissioner shall designate one institution of higher education
with experience in evaluating mental health services to serve as
the lead institution for the task force. The institution
designated under this subsection shall provide faculty, staff, and
administrative support services to the task force as determined
necessary by the task force to administer this subchapter.
(b) The commissioner shall designate two institutions of
higher education with experience in evaluating mental health
services to assist the task force and the lead institution
designated under Subsection (a) as determined necessary by the task
force to administer this subchapter.
(c) In making a designation under this section, the
commissioner shall give preference to at least one predominantly
black institution, as defined by 20 U.S.C. Section 1067q(c)(9).
(d) On request of the task force, the agency, a school
district, or an open-enrollment charter school shall provide
information or other assistance to the task force.
(e) The agency shall maintain the data collected by the task
force and the work product of the task force in accordance with:
(1) the agency's information security plan under
Section 2054.133, Government Code; and
(2) the agency's records retention schedule under
Section 441.185, Government Code.
Sec. 38.308. DUTIES OF TASK FORCE. The task force shall:
(1) gather data on:
(A) the number of students enrolled in each
school district and open-enrollment charter school;
(B) the number of individuals to whom each school
district or open-enrollment charter school provides the mental
health services described by Section 38.302(1);
(C) the number of individuals for whom each
school district or open-enrollment charter school has the resources
to provide the mental health services described by Section
38.302(1);
(D) the number of individuals described by
Paragraph (B) who are referred to an inpatient or outpatient mental
health provider;
(E) the number of individuals who are transported
from each school district or open-enrollment charter school for an
emergency detention under Chapter 573, Health and Safety Code; and
(F) the race, ethnicity, gender, special
education status, educationally disadvantaged status, and
geographic location of:
(i) individuals who are provided the mental
health services described by Section 38.302(1);
(ii) individuals who are described by
Paragraph (D); and
(iii) individuals who are described by
Paragraph (E); and
(2) study, evaluate, and make recommendations
regarding the mental health services described by Section
38.302(1), the training described by Section 38.302(2), and the
impact of those mental health services, as described by Section
38.302(3), including addressing:
(A) the outcomes and the effectiveness of the
services and training provided, including the outcomes and
effectiveness of the service and training providers and the
programs under which services and training are provided, in:
(i) improving student academic achievement
and attendance;
(ii) reducing student disciplinary
proceedings, suspensions, placements in a disciplinary alternative
education program, and expulsions; and
(iii) delivering prevention and
intervention services to promote early mental health skills,
including:
(a) building skills relating to
managing emotions, establishing and maintaining positive
relationships, and making responsible decisions;
(b) preventing substance abuse;
(c) preventing suicides;
(d) adhering to the purpose of the
relevant program services or training;
(e) promoting trauma-informed
practices;
(f) promoting a positive school
climate, as defined by Section 161.325(a-3), Health and Safety
Code, in the district or school; and
(g) improving physical and emotional
safety and well-being in the district or school and reducing
violence in the district or school;
(B) best practices for districts and schools in
implementing the services or training;
(C) disparities in the race, ethnicity, gender,
special education status, and geographic location of individuals
receiving the services; and
(D) best practices to replicate the services or
training for all districts and schools.
Sec. 38.309. PRIVACY OF INFORMATION. The task force shall
ensure that data gathered, information studied, and evaluations
conducted under this subchapter:
(1) comply with federal law regarding confidentiality
of student medical or educational information, including the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
Section 1320d et seq.) and the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law
relating to the privacy of student information; and
(2) may not be shared with a federal agency or state
agency, including an institution of higher education, except as
otherwise provided by this subchapter or other law.
Sec. 38.310. REPORTS. Not later than November 1 of each
even-numbered year, the task force shall submit to the governor,
the lieutenant governor, the speaker of the house of
representatives, and the agency a report of the results of the task
force's activities conducted under Section 38.308 and any
recommendations for legislative or other action.
Sec. 38.311. FUNDING; ADMINISTRATIVE COST RESTRICTION;
GIFTS AND GRANTS. (a) Of state funds allocated to the agency for
public school mental health services, the commissioner may provide
not more than 10 percent for purposes of the task force established
under this subchapter.
(b) The task force may not spend for the administration of
the task force more than 10 percent of any money allocated to the
task force for the purposes of this subchapter.
(c) The task force may accept a gift or grant from a person
other than the federal government.
Sec. 38.312. EXPIRATION. The task force is abolished and
this subchapter expires December 1, 2025.
SECTION 2. Not later than October 1, 2019, the commissioner
of education shall:
(1) appoint the members of the Collaborative Task
Force on Public School Mental Health Services that are to be
appointed by the commissioner, as required by Section 38.303,
Education Code, as added by this Act; and
(2) designate the institutions of higher education to
provide support services, as required by Section 38.307, Education
Code, as added by this Act.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 906 was passed by the House on April
24, 2019, by the following vote: Yeas 113, Nays 30, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 906 on May 23, 2019, by the following vote: Yeas 126, Nays 14,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 906 was passed by the Senate, with
amendments, on May 16, 2019, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor