29 | | - | SECTION 2. Section 11.252(a), Education Code, is amended to |
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| 32 | + | SECTION 2. Chapter 8, Education Code, is amended by adding |
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| 33 | + | Subchapter E to read as follows: |
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| 34 | + | SUBCHAPTER E. MENTAL HEALTH AND SUBSTANCE USE RESOURCES FOR |
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| 35 | + | SCHOOL DISTRICT PERSONNEL |
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| 36 | + | Sec. 8.151. DEFINITIONS. In this subchapter, "local mental |
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| 37 | + | health authority" and "non-physician mental health professional" |
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| 38 | + | have the meanings assigned by Section 571.003, Health and Safety |
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| 39 | + | Code. |
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| 40 | + | Sec. 8.152. EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH |
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| 41 | + | PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE. (a) A |
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| 42 | + | local mental health authority shall employ a non-physician mental |
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| 43 | + | health professional to serve as a mental health and substance use |
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| 44 | + | resource for school districts located in the region served by a |
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| 45 | + | regional education service center and in which the local mental |
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| 46 | + | health authority provides services. In making a hiring decision |
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| 47 | + | under this section, the local mental health authority shall consult |
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| 48 | + | with the regional education service center. |
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| 49 | + | (b) If two or more local mental health authorities provide |
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| 50 | + | services in a region served by a regional education service center, |
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| 51 | + | the local mental health authority that primarily operates in the |
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| 52 | + | county in which the center is located shall employ the |
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| 53 | + | non-physician mental health professional and, in making any hiring |
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| 54 | + | decision, consult with other local mental health authorities and |
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| 55 | + | the regional education service center providing services in that |
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| 56 | + | region. |
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| 57 | + | Sec. 8.153. INTERAGENCY COLLABORATION; MEMORANDUM OF |
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| 58 | + | UNDERSTANDING. (a) A local mental health authority that employs a |
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| 59 | + | non-physician mental health professional under Section 8.152 and |
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| 60 | + | the regional education service center shall collaborate in carrying |
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| 61 | + | out this subchapter. |
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| 62 | + | (b) Each regional education service center shall provide |
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| 63 | + | for a non-physician mental health professional employed for the |
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| 64 | + | region served by the center with a space for the professional to |
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| 65 | + | carry out the professional's duties under Section 8.155. The local |
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| 66 | + | mental health authority that employs the professional shall pay the |
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| 67 | + | center a reasonable negotiated cost recovery fee for providing the |
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| 68 | + | space and administrative support outlined in the memorandum of |
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| 69 | + | understanding under Subsection (c). The fee may not exceed $15,000 |
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| 70 | + | unless a larger fee is agreed to by the local mental health |
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| 71 | + | authority and center. |
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| 72 | + | (c) A local mental health authority and a regional education |
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| 73 | + | service center shall enter into a memorandum of understanding for |
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| 74 | + | the administration of this section. |
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| 75 | + | Sec. 8.154. SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH |
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| 76 | + | PROFESSIONAL. The local mental health authority that employs a |
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| 77 | + | non-physician mental health professional under Section 8.152 |
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| 78 | + | shall: |
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| 79 | + | (1) supervise the professional in carrying out the |
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| 80 | + | professional's duties under Section 8.155; and |
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| 81 | + | (2) consult with any other local mental health |
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| 82 | + | authorities in the region and the regional education service center |
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| 83 | + | in supervising the professional and seek input from the center |
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| 84 | + | regarding the professional's performance. |
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| 85 | + | Sec. 8.155. DUTIES OF NON-PHYSICIAN MENTAL HEALTH |
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| 86 | + | PROFESSIONAL. (a) A non-physician mental health professional |
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| 87 | + | employed under Section 8.152 shall collaborate with the regional |
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| 88 | + | education service center that focuses on mental health initiatives |
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| 89 | + | and act as a resource for the regional education service center and |
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| 90 | + | school district personnel by: |
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| 91 | + | (1) helping personnel gain awareness and a better |
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| 92 | + | understanding of mental health and co-occurring mental health and |
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| 93 | + | substance use disorders; |
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| 94 | + | (2) assisting personnel to implement initiatives |
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| 95 | + | related to mental health or substance use under: |
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| 96 | + | (A) state law; |
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| 97 | + | (B) rules adopted by a state agency; |
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| 98 | + | (C) interagency memoranda of understanding; or |
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| 99 | + | (D) programs related to the state law, rules, or |
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| 100 | + | memoranda of understanding; |
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| 101 | + | (3) ensuring personnel are aware of: |
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| 102 | + | (A) the list of recommended best practice-based |
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| 103 | + | programs and research-based practices developed under Section |
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| 104 | + | 161.325, Health and Safety Code; |
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| 105 | + | (B) other public and private mental health and |
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| 106 | + | substance use prevention, treatment, and recovery programs |
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| 107 | + | available in the school district, including evidence-based |
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| 108 | + | programs provided by a local mental health authority and other |
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| 109 | + | public or private mental health providers; and |
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| 110 | + | (C) other resources available from the Health and |
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| 111 | + | Human Services Commission to support school districts, students, or |
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| 112 | + | students' families; |
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| 113 | + | (4) on a monthly basis, facilitating mental health |
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| 114 | + | first aid training; |
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| 115 | + | (5) on a monthly basis, facilitating training |
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| 116 | + | regarding the effects of grief and trauma and providing support to |
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| 117 | + | children with intellectual or developmental disabilities who |
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| 118 | + | suffer from grief or trauma; and |
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| 119 | + | (6) on a monthly basis, facilitating training on |
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| 120 | + | prevention and intervention programs that have been shown to be |
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| 121 | + | effective in helping students cope with pressures to: |
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| 122 | + | (A) use alcohol, cigarettes, or illegal drugs; or |
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| 123 | + | (B) misuse prescription drugs. |
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| 124 | + | (b) A non-physician mental health professional employed |
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| 125 | + | under Section 8.152 may not treat or provide counseling to a student |
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| 126 | + | or provide specific advice to school district personnel regarding a |
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| 127 | + | student. |
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| 128 | + | Sec. 8.156. PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED. |
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| 129 | + | This subchapter does not require a school district to participate |
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| 130 | + | in training provided by a non-physician mental health professional |
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| 131 | + | or otherwise use the professional as a resource. |
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| 132 | + | Sec. 8.157. DISTRIBUTION OF FUNDING. A state agency to |
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| 133 | + | which money is appropriated to carry out this subchapter shall |
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| 134 | + | ensure that the money is distributed equally among the local mental |
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| 135 | + | health authorities that employ and supervise non-physician mental |
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| 136 | + | health professionals under this subchapter. |
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| 137 | + | Sec. 8.158. REPORT. (a) Before the last business day of |
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| 138 | + | each calendar year, each local mental health authority that employs |
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| 139 | + | and supervises a non-physician mental health professional under |
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| 140 | + | this subchapter shall prepare and submit a report to the Health and |
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| 141 | + | Human Services Commission regarding the outcomes for school |
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| 142 | + | districts and students resulting from services provided by the |
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| 143 | + | non-physician mental health professional. |
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| 144 | + | (b) Not later than January 31 of the following calendar |
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| 145 | + | year, the Health and Human Services Commission shall compile the |
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| 146 | + | information submitted under this section and prepare and provide a |
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| 147 | + | preliminary report to the agency for review and input. After |
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| 148 | + | receiving the agency's recommendations on the preliminary report, |
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| 149 | + | the commission shall prepare and submit a final report to the |
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| 150 | + | agency, the lieutenant governor, the speaker of the house of |
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| 151 | + | representatives, each standing committee of the legislature having |
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| 152 | + | primary jurisdiction over mental health, and each standing |
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| 153 | + | committee of the legislature having primary jurisdiction over |
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| 154 | + | public education. |
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| 155 | + | SECTION 3. Section 11.252(a), Education Code, is amended to |
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30 | 156 | | read as follows: |
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31 | 157 | | (a) Each school district shall have a district improvement |
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32 | 158 | | plan that is developed, evaluated, and revised annually, in |
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33 | 159 | | accordance with district policy, by the superintendent with the |
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34 | 160 | | assistance of the district-level committee established under |
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35 | 161 | | Section 11.251. The purpose of the district improvement plan is to |
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36 | 162 | | guide district and campus staff in the improvement of student |
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37 | 163 | | performance for all student groups in order to attain state |
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38 | 164 | | standards in respect to the achievement indicators adopted under |
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39 | 165 | | Section 39.053(c). The district improvement plan must include |
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40 | 166 | | provisions for: |
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41 | 167 | | (1) a comprehensive needs assessment addressing |
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42 | 168 | | district student performance on the achievement indicators, and |
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43 | 169 | | other appropriate measures of performance, that are disaggregated |
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44 | 170 | | by all student groups served by the district, including categories |
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45 | 171 | | of ethnicity, socioeconomic status, sex, and populations served by |
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46 | 172 | | special programs, including students in special education programs |
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47 | 173 | | under Subchapter A, Chapter 29; |
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48 | 174 | | (2) measurable district performance objectives for |
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49 | 175 | | all appropriate achievement indicators for all student |
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50 | 176 | | populations, including students in special education programs |
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51 | 177 | | under Subchapter A, Chapter 29, and other measures of student |
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52 | 178 | | performance that may be identified through the comprehensive needs |
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53 | 179 | | assessment; |
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54 | 180 | | (3) strategies for improvement of student performance |
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55 | 181 | | that include: |
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56 | 182 | | (A) instructional methods for addressing the |
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57 | 183 | | needs of student groups not achieving their full potential; |
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58 | 184 | | (B) methods for addressing the needs of students |
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59 | 185 | | for special programs, including: |
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60 | 186 | | (i) suicide prevention programs, in |
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61 | 187 | | accordance with Subchapter O-1, Chapter 161, Health and Safety |
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62 | 188 | | Code, which includes a parental or guardian notification procedure; |
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63 | 189 | | (ii) conflict resolution programs; |
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64 | 190 | | (iii) violence prevention programs; and |
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65 | 191 | | (iv) dyslexia treatment programs; |
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66 | 192 | | (C) dropout reduction; |
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67 | 193 | | (D) integration of technology in instructional |
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68 | 194 | | and administrative programs; |
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69 | 195 | | (E) discipline management; |
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70 | 196 | | (F) staff development for professional staff of |
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71 | 197 | | the district; |
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72 | 198 | | (G) career education to assist students in |
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73 | 199 | | developing the knowledge, skills, and competencies necessary for a |
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74 | 200 | | broad range of career opportunities; and |
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75 | 201 | | (H) accelerated education; |
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76 | 202 | | (4) strategies for providing to middle school, junior |
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77 | 203 | | high school, and high school students, those students' teachers and |
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78 | 204 | | school counselors, and those students' parents information about: |
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79 | 205 | | (A) higher education admissions and financial |
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80 | 206 | | aid opportunities; |
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81 | 207 | | (B) the TEXAS grant program and the Teach for |
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82 | 208 | | Texas grant program established under Chapter 56; |
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83 | 209 | | (C) the need for students to make informed |
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84 | 210 | | curriculum choices to be prepared for success beyond high school; |
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85 | 211 | | and |
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86 | 212 | | (D) sources of information on higher education |
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87 | 213 | | admissions and financial aid; |
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88 | 214 | | (5) resources needed to implement identified |
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89 | 215 | | strategies; |
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90 | 216 | | (6) staff responsible for ensuring the accomplishment |
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91 | 217 | | of each strategy; |
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92 | 218 | | (7) timelines for ongoing monitoring of the |
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93 | 219 | | implementation of each improvement strategy; |
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94 | 220 | | (8) formative evaluation criteria for determining |
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95 | 221 | | periodically whether strategies are resulting in intended |
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96 | 222 | | improvement of student performance; [and] |
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97 | 223 | | (9) the policy under Section 38.0041 addressing sexual |
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98 | 224 | | abuse and other maltreatment of children; and |
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99 | 225 | | (10) the trauma-informed care policy required under |
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100 | 226 | | Section 38.036. |
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102 | 228 | | Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts |
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103 | 229 | | of the 85th Legislature, Regular Session, 2017, is reenacted and |
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104 | 230 | | amended to read as follows: |
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105 | 231 | | (b) An open-enrollment charter school is subject to: |
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106 | 232 | | (1) a provision of this title establishing a criminal |
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107 | 233 | | offense; and |
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108 | 234 | | (2) a prohibition, restriction, or requirement, as |
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109 | 235 | | applicable, imposed by this title or a rule adopted under this |
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110 | 236 | | title, relating to: |
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111 | 237 | | (A) the Public Education Information Management |
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112 | 238 | | System (PEIMS) to the extent necessary to monitor compliance with |
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113 | 239 | | this subchapter as determined by the commissioner; |
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114 | 240 | | (B) criminal history records under Subchapter C, |
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115 | 241 | | Chapter 22; |
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116 | 242 | | (C) reading instruments and accelerated reading |
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117 | 243 | | instruction programs under Section 28.006; |
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118 | 244 | | (D) accelerated instruction under Section |
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119 | 245 | | 28.0211; |
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120 | 246 | | (E) high school graduation requirements under |
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121 | 247 | | Section 28.025; |
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122 | 248 | | (F) special education programs under Subchapter |
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123 | 249 | | A, Chapter 29; |
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124 | 250 | | (G) bilingual education under Subchapter B, |
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125 | 251 | | Chapter 29; |
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126 | 252 | | (H) prekindergarten programs under Subchapter E |
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127 | 253 | | or E-1, Chapter 29; |
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128 | 254 | | (I) extracurricular activities under Section |
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129 | 255 | | 33.081; |
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130 | 256 | | (J) discipline management practices or behavior |
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131 | 257 | | management techniques under Section 37.0021; |
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132 | 258 | | (K) health and safety under Chapter 38; |
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133 | 259 | | (L) public school accountability under |
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134 | 260 | | Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
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135 | 261 | | (M) the requirement under Section 21.006 to |
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136 | 262 | | report an educator's misconduct; |
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137 | 263 | | (N) intensive programs of instruction under |
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138 | 264 | | Section 28.0213; |
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139 | 265 | | (O) the right of a school employee to report a |
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140 | 266 | | crime, as provided by Section 37.148; [and] |
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141 | 267 | | (P) bullying prevention policies and procedures |
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142 | 268 | | under Section 37.0832; |
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143 | 269 | | (Q) the right of a school under Section 37.0052 |
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144 | 270 | | to place a student who has engaged in certain bullying behavior in a |
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145 | 271 | | disciplinary alternative education program or to expel the student; |
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146 | 272 | | [and] |
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147 | 273 | | (R) the right under Section 37.0151 to report to |
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148 | 274 | | local law enforcement certain conduct constituting assault or |
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149 | 275 | | harassment; |
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150 | 276 | | (S) [(P)] a parent's right to information |
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151 | 277 | | regarding the provision of assistance for learning difficulties to |
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152 | 278 | | the parent's child as provided by Sections 26.004(b)(11) and |
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319 | 435 | | amending Subsections (a), (b), and (c) and adding Subsections (b-1) |
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320 | 436 | | and (f) to read as follows: |
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321 | 437 | | (a) Each school district or public junior college district |
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322 | 438 | | shall adopt and implement a multihazard emergency operations plan |
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323 | 439 | | for use in the district's facilities. The plan must address |
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324 | 440 | | prevention, mitigation, preparedness, response, and recovery as |
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325 | 441 | | defined by the Texas School Safety Center in conjunction with the |
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326 | 442 | | governor's office of homeland security and the commissioner of |
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327 | 443 | | education or commissioner of higher education, as applicable [in |
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328 | 444 | | conjunction with the governor's office of homeland security]. The |
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329 | 445 | | plan must provide for: |
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330 | 446 | | (1) [district employee] training in responding to an |
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331 | 447 | | emergency for district employees, including substitute teachers; |
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332 | 448 | | (2) measures to ensure district employees, including |
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333 | 449 | | substitute teachers, have classroom access to a telephone, |
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334 | 450 | | including a cellular telephone, or another electronic |
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335 | 451 | | communication device allowing for immediate contact with district |
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336 | 452 | | emergency services or emergency services agencies, law enforcement |
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337 | 453 | | agencies, health departments, and fire departments; |
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338 | 454 | | (3) measures to ensure district communications |
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339 | 455 | | technology and infrastructure are adequate to allow for |
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340 | 456 | | communication during an emergency; |
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341 | 457 | | (4) if the plan applies to a school district, |
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342 | 458 | | mandatory school drills and exercises, including drills required |
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343 | 459 | | under Section 37.114, to prepare district students and employees |
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344 | 460 | | for responding to an emergency; |
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345 | 461 | | (5) [(3)] measures to ensure coordination with the |
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346 | 462 | | Department of State Health Services and local emergency management |
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347 | 463 | | agencies, law enforcement, health departments, and fire |
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348 | 464 | | departments in the event of an emergency; and |
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349 | 465 | | (6) [(4)] the implementation of a safety and security |
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350 | 466 | | audit as required by Subsection (b). |
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351 | 467 | | (b) At least once every three years, each school district or |
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352 | 468 | | public junior college district shall conduct a safety and security |
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353 | 469 | | audit of the district's facilities. To the extent possible, a |
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354 | 470 | | district shall follow safety and security audit procedures |
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355 | 471 | | developed by the Texas School Safety Center or a person included in |
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356 | 472 | | the registry established by the Texas School Safety Center under |
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357 | 473 | | Section 37.2091 [comparable public or private entity]. |
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358 | 474 | | (b-1) In a school district's safety and security audit |
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359 | 475 | | required under Subsection (b), the district must certify that the |
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360 | 476 | | district used the funds provided to the district through the school |
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361 | 477 | | safety allotment under Section 42.168 only for the purposes |
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362 | 478 | | provided by that section. |
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363 | 479 | | (c) A school district or public junior college district |
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364 | 480 | | shall report the results of the safety and security audit conducted |
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365 | 481 | | under Subsection (b) to the district's board of trustees and, in the |
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366 | 482 | | manner required by the Texas School Safety Center, to the Texas |
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367 | 483 | | School Safety Center. The report provided to the Texas School |
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368 | 484 | | Safety Center under this subsection must be signed by: |
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369 | 485 | | (1) for a school district, the district's board of |
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370 | 486 | | trustees and superintendent; or |
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371 | 487 | | (2) for a public junior college district, the |
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372 | 488 | | president of the junior college district. |
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373 | 489 | | (f) A school district shall include in its multihazard |
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374 | 490 | | emergency operations plan: |
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375 | 491 | | (1) a chain of command that designates the individual |
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376 | 492 | | responsible for making final decisions during a disaster or |
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377 | 493 | | emergency situation and identifies other individuals responsible |
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378 | 494 | | for making those decisions if the designated person is unavailable; |
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379 | 495 | | (2) provisions that address physical and |
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380 | 496 | | psychological safety for responding to a natural disaster, active |
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381 | 497 | | shooter, and any other dangerous scenario identified for purposes |
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382 | 498 | | of this section by the agency or the Texas School Safety Center; |
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383 | 499 | | (3) provisions for ensuring the safety of students in |
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384 | 500 | | portable buildings; |
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385 | 501 | | (4) provisions for ensuring that students and district |
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386 | 502 | | personnel with disabilities are provided equal access to safety |
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387 | 503 | | during a disaster or emergency situation; |
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388 | 504 | | (5) provisions for providing immediate notification |
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389 | 505 | | to parents, guardians, and other persons standing in parental |
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390 | 506 | | relation in circumstances involving a significant threat to the |
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391 | 507 | | health or safety of students, including identification of the |
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392 | 508 | | individual with responsibility for overseeing the notification; |
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393 | 509 | | (6) provisions for supporting the psychological |
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394 | 510 | | safety of students, district personnel, and the community during |
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395 | 511 | | the response and recovery phase following a disaster or emergency |
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396 | 512 | | situation that: |
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397 | 513 | | (A) are aligned with best practice-based |
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398 | 514 | | programs and research-based practices recommended under Section |
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399 | 515 | | 161.325, Health and Safety Code; |
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400 | 516 | | (B) include strategies for ensuring any required |
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401 | 517 | | professional development training for suicide prevention and |
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402 | 518 | | grief-informed and trauma-informed care is provided to appropriate |
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403 | 519 | | school personnel; |
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404 | 520 | | (C) include training on integrating |
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428 | 544 | | amended by adding Sections 37.1081 and 37.1082 to read as follows: |
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429 | 545 | | Sec. 37.1081. PUBLIC HEARING ON MULTIHAZARD EMERGENCY |
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430 | 546 | | OPERATIONS PLAN NONCOMPLIANCE. (a) If the board of trustees of a |
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431 | 547 | | school district receives notice of noncompliance under Section |
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432 | 548 | | 37.207(e) or 37.2071(g), the board shall hold a public hearing to |
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433 | 549 | | notify the public of: |
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434 | 550 | | (1) the district's failure to: |
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435 | 551 | | (A) submit or correct deficiencies in a |
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436 | 552 | | multihazard emergency operations plan; or |
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437 | 553 | | (B) report the results of a safety and security |
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438 | 554 | | audit to the Texas School Safety Center as required by law; |
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439 | 555 | | (2) the dates during which the district has not been in |
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440 | 556 | | compliance; and |
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441 | 557 | | (3) the names of each member of the board of trustees |
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442 | 558 | | and the superintendent serving in that capacity during the dates |
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443 | 559 | | the district was not in compliance. |
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444 | 560 | | (b) The school district shall provide the information |
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445 | 561 | | required under Subsection (a)(3) in writing to each person in |
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446 | 562 | | attendance at the hearing. |
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447 | 563 | | (c) The board shall give members of the public a reasonable |
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448 | 564 | | opportunity to appear before the board and to speak on the issue of |
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449 | 565 | | the district's failure to submit or correct deficiencies in a |
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450 | 566 | | multihazard emergency operations plan or report the results of a |
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451 | 567 | | safety and security audit during a hearing held under this section. |
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452 | 568 | | (d) A school district required to hold a public hearing |
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453 | 569 | | under Subsection (a) shall provide written confirmation to the |
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454 | 570 | | Texas School Safety Center that the district held the hearing. |
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455 | 571 | | Sec. 37.1082. MULTIHAZARD EMERGENCY OPERATIONS PLAN |
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456 | 572 | | NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS. |
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457 | 573 | | (a) If the agency receives notice from the Texas School Safety |
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458 | 574 | | Center of a school district's failure to submit a multihazard |
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459 | 575 | | emergency operations plan, the commissioner may appoint a |
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460 | 576 | | conservator for the district under Chapter 39A. The conservator |
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461 | 577 | | may order the district to adopt, implement, and submit a |
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462 | 578 | | multihazard emergency operations plan. |
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463 | 579 | | (b) If a district fails to comply with a conservator's order |
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464 | 580 | | to adopt, implement, and submit a multihazard emergency operations |
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465 | 581 | | plan within the time frame imposed by the commissioner, the |
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466 | 582 | | commissioner may appoint a board of managers under Chapter 39A to |
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467 | 583 | | oversee the operations of the district. |
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468 | 584 | | (c) The commissioner may adopt rules as necessary to |
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469 | 585 | | administer this section. |
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471 | 587 | | adding Subsections (a-1), (c), and (d) and amending Subsection (b) |
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472 | 588 | | to read as follows: |
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473 | 589 | | (a-1) The committee, to the greatest extent practicable, |
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474 | 590 | | must include: |
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475 | 591 | | (1) one or more representatives of an office of |
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476 | 592 | | emergency management of a county or city in which the district is |
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477 | 593 | | located; |
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478 | 594 | | (2) one or more representatives of the local police |
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479 | 595 | | department or sheriff's office; |
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480 | 596 | | (3) one or more representatives of the district's |
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481 | 597 | | police department, if applicable; |
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482 | 598 | | (4) the president of the district's board of trustees; |
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483 | 599 | | (5) a member of the district's board of trustees other |
---|
484 | 600 | | than the president; |
---|
485 | 601 | | (6) the district's superintendent; |
---|
486 | 602 | | (7) one or more designees of the district's |
---|
487 | 603 | | superintendent, one of whom must be a classroom teacher in the |
---|
488 | 604 | | district; |
---|
489 | 605 | | (8) if the district partners with an open-enrollment |
---|
490 | 606 | | charter school to provide instruction to students, a member of the |
---|
491 | 607 | | open-enrollment charter school's governing body or a designee of |
---|
492 | 608 | | the governing body; and |
---|
493 | 609 | | (9) two parents or guardians of students enrolled in |
---|
494 | 610 | | the district. |
---|
495 | 611 | | (b) The committee shall: |
---|
496 | 612 | | (1) participate on behalf of the district in |
---|
497 | 613 | | developing and implementing emergency plans consistent with the |
---|
498 | 614 | | district multihazard emergency operations plan required by Section |
---|
499 | 615 | | 37.108(a) to ensure that the plans reflect specific campus, |
---|
500 | 616 | | facility, or support services needs; |
---|
501 | 617 | | (2) periodically provide recommendations to the |
---|
502 | 618 | | district's board of trustees and district administrators regarding |
---|
503 | 619 | | updating the district multihazard emergency operations plan |
---|
504 | 620 | | required by Section 37.108(a) in accordance with best practices |
---|
505 | 621 | | identified by the agency, the Texas School Safety Center, or a |
---|
506 | 622 | | person included in the registry established by the Texas School |
---|
507 | 623 | | Safety Center under Section 37.2091; |
---|
508 | 624 | | (3) provide the district with any campus, facility, or |
---|
509 | 625 | | support services information required in connection with a safety |
---|
510 | 626 | | and security audit required by Section 37.108(b), a safety and |
---|
511 | 627 | | security audit report required by Section 37.108(c), or another |
---|
512 | 628 | | report required to be submitted by the district to the Texas School |
---|
513 | 629 | | Safety Center; [and] |
---|
514 | 630 | | (4) [(3)] review each report required to be submitted |
---|
515 | 631 | | by the district to the Texas School Safety Center to ensure that the |
---|
516 | 632 | | report contains accurate and complete information regarding each |
---|
517 | 633 | | campus, facility, or support service in accordance with criteria |
---|
518 | 634 | | established by the center; and |
---|
519 | 635 | | (5) consult with local law enforcement agencies on |
---|
520 | 636 | | methods to increase law enforcement presence near district |
---|
521 | 637 | | campuses. |
---|
522 | 638 | | (c) Except as otherwise provided by this subsection, the |
---|
523 | 639 | | committee shall meet at least once during each academic semester |
---|
524 | 640 | | and at least once during the summer. A committee established by a |
---|
525 | 641 | | school district that operates schools on a year-round system or in |
---|
526 | 642 | | accordance with another alternative schedule shall meet at least |
---|
527 | 643 | | three times during each calendar year, with an interval of at least |
---|
528 | 644 | | two months between each meeting. |
---|
529 | 645 | | (d) The committee is subject to Chapter 551, Government |
---|
530 | 646 | | Code, and may meet in executive session as provided by that chapter. |
---|
531 | 647 | | Notice of a committee meeting must be posted in the same manner as |
---|
532 | 648 | | notice of a meeting of the district's board of trustees. |
---|
534 | 650 | | amended by adding Sections 37.113, 37.114, and 37.115 to read as |
---|
535 | 651 | | follows: |
---|
536 | 652 | | Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT OR |
---|
537 | 653 | | TERRORISTIC THREAT. A school district that receives a bomb threat |
---|
538 | 654 | | or terroristic threat relating to a campus or other district |
---|
539 | 655 | | facility at which students are present shall provide notification |
---|
540 | 656 | | of the threat as soon as possible to the parent or guardian of or |
---|
541 | 657 | | other person standing in parental relation to each student who is |
---|
542 | 658 | | assigned to the campus or who regularly uses the facility, as |
---|
543 | 659 | | applicable. |
---|
544 | 660 | | Sec. 37.114. EMERGENCY EVACUATIONS; MANDATORY SCHOOL |
---|
545 | 661 | | DRILLS. The commissioner, in consultation with the Texas School |
---|
546 | 662 | | Safety Center and the state fire marshal, shall adopt rules: |
---|
547 | 663 | | (1) providing procedures for evacuating and securing |
---|
548 | 664 | | school property during an emergency; and |
---|
549 | 665 | | (2) designating the number of mandatory school drills |
---|
550 | 666 | | to be conducted each semester of the school year, not to exceed |
---|
551 | 667 | | eight drills, including designating the number of: |
---|
552 | 668 | | (A) evacuation fire exit drills; and |
---|
553 | 669 | | (B) lockdown, lockout, shelter-in-place, and |
---|
554 | 670 | | evacuation drills. |
---|
555 | 671 | | Sec. 37.115. THREAT ASSESSMENT AND SAFE AND SUPPORTIVE |
---|
556 | 672 | | SCHOOL PROGRAM AND TEAM. (a) In this section: |
---|
557 | 673 | | (1) "Harmful, threatening, or violent behavior" |
---|
558 | 674 | | includes behaviors, such as verbal threats, threats of self harm, |
---|
559 | 675 | | bullying, cyberbullying, fighting, the use or possession of a |
---|
560 | 676 | | weapon, sexual assault, sexual harassment, dating violence, |
---|
561 | 677 | | stalking, or assault, by a student that could result in: |
---|
562 | 678 | | (A) specific interventions, including mental |
---|
563 | 679 | | health or behavioral supports; |
---|
564 | 680 | | (B) in-school suspension; |
---|
565 | 681 | | (C) out-of-school suspension; or |
---|
566 | 682 | | (D) the student's expulsion or removal to a |
---|
567 | 683 | | disciplinary alternative education program or a juvenile justice |
---|
568 | 684 | | alternative education program. |
---|
569 | 685 | | (2) "Team" means a threat assessment and safe and |
---|
570 | 686 | | supportive school team established by the board of trustees of a |
---|
571 | 687 | | school district under this section. |
---|
572 | 688 | | (b) The agency, in coordination with the Texas School Safety |
---|
573 | 689 | | Center, shall adopt rules to establish a safe and supportive school |
---|
574 | 690 | | program. The rules shall incorporate research-based best practices |
---|
575 | 691 | | for school safety, including providing for: |
---|
576 | 692 | | (1) physical and psychological safety; |
---|
577 | 693 | | (2) a multiphase and multihazard approach to |
---|
578 | 694 | | prevention, mitigation, preparedness, response, and recovery in a |
---|
579 | 695 | | crisis situation; |
---|
580 | 696 | | (3) a systemic and coordinated multitiered support |
---|
581 | 697 | | system that addresses school climate, the social and emotional |
---|
582 | 698 | | domain, and behavioral and mental health; and |
---|
583 | 699 | | (4) multidisciplinary and multiagency collaboration |
---|
584 | 700 | | to assess risks and threats in schools and provide appropriate |
---|
585 | 701 | | interventions, including rules for the establishment and operation |
---|
586 | 702 | | of teams. |
---|
587 | 703 | | (c) The board of trustees of each school district shall |
---|
588 | 704 | | establish a threat assessment and safe and supportive school team |
---|
589 | 705 | | to serve at each campus of the district and shall adopt policies and |
---|
590 | 706 | | procedures for the teams. The team is responsible for developing |
---|
591 | 707 | | and implementing the safe and supportive school program under |
---|
592 | 708 | | Subsection (b) at the district campus served by the team. The |
---|
593 | 709 | | policies and procedures adopted under this section must: |
---|
594 | 710 | | (1) be consistent with the model policies and |
---|
595 | 711 | | procedures developed by the Texas School Safety Center; |
---|
596 | 712 | | (2) require each team to complete training provided by |
---|
597 | 713 | | the Texas School Safety Center or a regional education service |
---|
598 | 714 | | center regarding evidence-based threat assessment programs; and |
---|
599 | 715 | | (3) require each team established under this section |
---|
601 | 717 | | the team's activities to the agency. |
---|
602 | 718 | | (d) The superintendent of the district shall ensure that the |
---|
603 | 719 | | members appointed to each team have expertise in counseling, |
---|
604 | 720 | | behavior management, mental health and substance use, classroom |
---|
605 | 721 | | instruction, special education, school administration, school |
---|
606 | 722 | | safety and security, emergency management, and law enforcement. A |
---|
607 | 723 | | team may serve more than one campus of a school district, provided |
---|
608 | 724 | | that each district campus is assigned a team. |
---|
609 | 725 | | (e) The superintendent of a school district may establish a |
---|
610 | 726 | | committee, or assign to an existing committee established by the |
---|
611 | 727 | | district, the duty to oversee the operations of teams established |
---|
612 | 728 | | for the district. A committee with oversight responsibility under |
---|
613 | 729 | | this subsection must include members with expertise in human |
---|
614 | 730 | | resources, education, special education, counseling, behavior |
---|
615 | 731 | | management, school administration, mental health and substance |
---|
616 | 732 | | use, school safety and security, emergency management, and law |
---|
617 | 733 | | enforcement. |
---|
618 | 734 | | (f) Each team shall: |
---|
619 | 735 | | (1) conduct a threat assessment that includes: |
---|
620 | 736 | | (A) assessing and reporting individuals who make |
---|
621 | 737 | | threats of violence or exhibit harmful, threatening, or violent |
---|
622 | 738 | | behavior in accordance with the policies and procedures adopted |
---|
623 | 739 | | under Subsection (c); and |
---|
624 | 740 | | (B) gathering and analyzing data to determine the |
---|
625 | 741 | | level of risk and appropriate intervention, including: |
---|
626 | 742 | | (i) referring a student for mental health |
---|
627 | 743 | | assessment; and |
---|
628 | 744 | | (ii) implementing an escalation procedure, |
---|
629 | 745 | | if appropriate based on the team's assessment, in accordance with |
---|
630 | 746 | | district policy; |
---|
631 | 747 | | (2) provide guidance to students and school employees |
---|
632 | 748 | | on recognizing harmful, threatening, or violent behavior that may |
---|
633 | 749 | | pose a threat to the community, school, or individual; and |
---|
634 | 750 | | (3) support the district in implementing the |
---|
635 | 751 | | district's multihazard emergency operations plan. |
---|
666 | 772 | | guidelines developed by the agency the following information |
---|
667 | 773 | | regarding the team's activities and other information for each |
---|
668 | 774 | | school district campus the team serves: |
---|
669 | 775 | | (1) the occupation of each person appointed to the |
---|
670 | 776 | | team; |
---|
671 | 777 | | (2) the number of threats and a description of the type |
---|
672 | 778 | | of the threats reported to the team; |
---|
673 | 779 | | (3) the outcome of each assessment made by the team, |
---|
674 | 780 | | including: |
---|
675 | 781 | | (A) any disciplinary action taken, including a |
---|
676 | 782 | | change in school placement; |
---|
677 | 783 | | (B) any action taken by law enforcement; or |
---|
678 | 784 | | (C) a referral to or change in counseling, mental |
---|
679 | 785 | | health, special education, or other services; |
---|
680 | 786 | | (4) the total number, disaggregated by student gender, |
---|
681 | 787 | | race, and status as receiving special education services, being at |
---|
682 | 788 | | risk of dropping out of school, being in foster care, experiencing |
---|
683 | 789 | | homelessness, being a dependent of military personnel, being |
---|
684 | 790 | | pregnant or a parent, having limited English proficiency, or being |
---|
685 | 791 | | a migratory child, of, in connection with an assessment or reported |
---|
686 | 792 | | threat by the team: |
---|
687 | 793 | | (A) citations issued for Class C misdemeanor |
---|
688 | 794 | | offenses; |
---|
689 | 795 | | (B) arrests; |
---|
690 | 796 | | (C) incidents of uses of restraint; |
---|
691 | 797 | | (D) changes in school placement, including |
---|
692 | 798 | | placement in a juvenile justice alternative education program or |
---|
693 | 799 | | disciplinary alternative education program; |
---|
694 | 800 | | (E) referrals to or changes in counseling, mental |
---|
695 | 801 | | health, special education, or other services; |
---|
696 | 802 | | (F) placements in in-school suspension or |
---|
697 | 803 | | out-of-school suspension and incidents of expulsion; |
---|
698 | 804 | | (G) unexcused absences of 15 or more days during |
---|
699 | 805 | | the school year; and |
---|
700 | 806 | | (H) referrals to juvenile court for truancy; and |
---|
701 | 807 | | (5) the number and percentage of school personnel |
---|
702 | 808 | | trained in: |
---|
703 | 809 | | (A) a best-practices program or research-based |
---|
704 | 810 | | practice under Section 161.325, Health and Safety Code, including |
---|
705 | 811 | | the number and percentage of school personnel trained in: |
---|
706 | 812 | | (i) suicide prevention; or |
---|
707 | 813 | | (ii) grief and trauma-informed practices; |
---|
708 | 814 | | (B) mental health or psychological first aid for |
---|
709 | 815 | | schools; |
---|
710 | 816 | | (C) training relating to the safe and supportive |
---|
711 | 817 | | school program established under Subsection (b); or |
---|
712 | 818 | | (D) any other program relating to safety |
---|
713 | 819 | | identified by the commissioner. |
---|
735 | 841 | | amended by adding Section 37.2071 to read as follows: |
---|
736 | 842 | | Sec. 37.2071. DISTRICT MULTIHAZARD EMERGENCY OPERATIONS |
---|
737 | 843 | | PLAN REVIEW AND VERIFICATION. (a) The center shall establish a |
---|
738 | 844 | | random or need-based cycle for the center's review and verification |
---|
739 | 845 | | of school district and public junior college district multihazard |
---|
740 | 846 | | emergency operations plans adopted under Section 37.108. The cycle |
---|
741 | 847 | | must provide for each district's plan to be reviewed at regular |
---|
742 | 848 | | intervals as determined by the center. |
---|
743 | 849 | | (b) A school district or public junior college district |
---|
744 | 850 | | shall submit its multihazard emergency operations plan to the |
---|
745 | 851 | | center on request of the center and in accordance with the center's |
---|
746 | 852 | | review cycle developed under Subsection (a). |
---|
747 | 853 | | (c) The center shall review each district's multihazard |
---|
748 | 854 | | emergency operations plan submitted under Subsection (b) and: |
---|
749 | 855 | | (1) verify the plan meets the requirements of Section |
---|
750 | 856 | | 37.108; or |
---|
751 | 857 | | (2) provide the district with written notice: |
---|
752 | 858 | | (A) describing the plan's deficiencies; and |
---|
753 | 859 | | (B) stating that the district must correct the |
---|
754 | 860 | | deficiencies in its plan and resubmit the revised plan to the |
---|
755 | 861 | | center. |
---|
756 | 862 | | (d) If a district fails to submit its multihazard emergency |
---|
757 | 863 | | operations plan to the center for review, the center shall provide |
---|
758 | 864 | | the district with written notice stating that the district: |
---|
759 | 865 | | (1) has failed to submit a plan; and |
---|
760 | 866 | | (2) must submit a plan to the center for review and |
---|
761 | 867 | | verification. |
---|
762 | 868 | | (e) The center may approve a district multihazard emergency |
---|
763 | 869 | | operations plan that has deficiencies if the district submits a |
---|
764 | 870 | | revised plan that the center determines will correct the |
---|
765 | 871 | | deficiencies. |
---|
766 | 872 | | (f) If three months after the date of initial notification |
---|
767 | 873 | | of a plan's deficiencies under Subsection (c)(2) or failure to |
---|
768 | 874 | | submit a plan under Subsection (d) a district has not corrected the |
---|
769 | 875 | | plan deficiencies or has failed to submit a plan, the center shall |
---|
770 | 876 | | provide written notice to the district and agency that the district |
---|
771 | 877 | | has not complied with the requirements of this section and must |
---|
772 | 878 | | comply immediately. |
---|
773 | 879 | | (g) If a school district still has not corrected the plan |
---|
774 | 880 | | deficiencies or has failed to submit a plan six months after the |
---|
775 | 881 | | date of initial notification under Subsection (c)(2) or (d), the |
---|
776 | 882 | | center shall provide written notice to the school district stating |
---|
777 | 883 | | that the district must hold a public hearing under Section 37.1081. |
---|
778 | 884 | | (h) If a school district has failed to submit a plan, the |
---|
779 | 885 | | notice required by Subsection (g) must state that the commissioner |
---|
780 | 886 | | is authorized to appoint a conservator under Section 37.1082. |
---|
781 | 887 | | (i) Any document or information collected, developed, or |
---|
782 | 888 | | produced during the review and verification of multihazard |
---|
783 | 889 | | emergency operations plans under this section is not subject to |
---|
784 | 890 | | disclosure under Chapter 552, Government Code. |
---|
814 | 920 | | amended by adding Section 38.036 to read as follows: |
---|
815 | 921 | | Sec. 38.036. TRAUMA-INFORMED CARE POLICY. (a) Each school |
---|
816 | 922 | | district shall adopt and implement a policy requiring the |
---|
817 | 923 | | integration of trauma-informed practices in each school |
---|
818 | 924 | | environment. A district must include the policy in the district |
---|
819 | 925 | | improvement plan required under Section 11.252. |
---|
820 | 926 | | (b) A policy required by this section must address: |
---|
821 | 927 | | (1) using resources developed by the agency, methods |
---|
822 | 928 | | for: |
---|
823 | 929 | | (A) increasing staff and parent awareness of |
---|
824 | 930 | | trauma-informed care; and |
---|
825 | 931 | | (B) implementation of trauma-informed practices |
---|
826 | 932 | | and care by district and campus staff; and |
---|
827 | 933 | | (2) available counseling options for students |
---|
828 | 934 | | affected by trauma or grief. |
---|
829 | 935 | | (c) The methods under Subsection (b)(1) for increasing |
---|
830 | 936 | | awareness and implementation of trauma-informed care must include |
---|
831 | 937 | | training as provided by this subsection. The training must be |
---|
832 | 938 | | provided: |
---|
833 | 939 | | (1) through a program selected from the list of |
---|
834 | 940 | | recommended best practice-based programs and research-based |
---|
835 | 941 | | practices established under Section 161.325, Health and Safety |
---|
836 | 942 | | Code; |
---|
837 | 943 | | (2) as part of any new employee orientation for all new |
---|
838 | 944 | | school district educators; and |
---|
839 | 945 | | (3) to existing school district educators on a |
---|
840 | 946 | | schedule adopted by the agency by rule that requires educators to be |
---|
841 | 947 | | trained at intervals necessary to keep educators informed of |
---|
842 | 948 | | developments in the field. |
---|
843 | 949 | | (d) For any training under Subsection (c), each school |
---|
844 | 950 | | district shall maintain records that include the name of each |
---|
845 | 951 | | district staff member who participated in the training. |
---|
846 | 952 | | (e) Each school district shall report annually to the agency |
---|
847 | 953 | | the following information for the district as a whole and for each |
---|
848 | 954 | | school campus: |
---|
849 | 955 | | (1) the number of teachers, principals, and counselors |
---|
850 | 956 | | employed by the district who have completed training under this |
---|
851 | 957 | | section; and |
---|
852 | 958 | | (2) the total number of teachers, principals, and |
---|
853 | 959 | | counselors employed by the district. |
---|
854 | 960 | | (f) If a school district determines that the district does |
---|
855 | 961 | | not have sufficient resources to provide the training required |
---|
856 | 962 | | under Subsection (c), the district may partner with a community |
---|
857 | 963 | | mental health organization to provide training that meets the |
---|
858 | 964 | | requirements of Subsection (c) at no cost to the district. |
---|
859 | 965 | | (g) The commissioner shall adopt rules as necessary to |
---|
860 | 966 | | administer this section. |
---|
861 | | - | SECTION 19. Chapter 38, Education Code, is amended by |
---|
862 | | - | adding Subchapter F to read as follows: |
---|
863 | | - | SUBCHAPTER F. MENTAL HEALTH RESOURCES |
---|
864 | | - | Sec. 38.251. RUBRIC TO IDENTIFY RESOURCES. (a) The agency |
---|
865 | | - | shall develop a rubric for use by regional education service |
---|
866 | | - | centers in identifying resources related to student mental health |
---|
867 | | - | that are available to schools in their respective regions. The |
---|
868 | | - | agency shall develop the rubric in conjunction with: |
---|
869 | | - | (1) the Health and Human Services Commission; |
---|
870 | | - | (2) the Department of Family and Protective Services; |
---|
871 | | - | (3) the Texas Juvenile Justice Department; |
---|
872 | | - | (4) the Texas Higher Education Coordinating Board; |
---|
873 | | - | (5) the Texas Child Mental Health Care Consortium; |
---|
874 | | - | (6) the Texas Workforce Commission; and |
---|
875 | | - | (7) any other state agency the agency considers |
---|
876 | | - | appropriate. |
---|
877 | | - | (b) The rubric developed by the agency must provide for the |
---|
878 | | - | identification of resources relating to: |
---|
879 | | - | (1) training and technical assistance on practices |
---|
880 | | - | that support the mental health of students; |
---|
881 | | - | (2) school-based programs that provide prevention or |
---|
882 | | - | intervention services to students; |
---|
883 | | - | (3) community-based programs that provide |
---|
884 | | - | school-based or school-connected prevention or intervention |
---|
885 | | - | services to students; |
---|
886 | | - | (4) Communities In Schools programs described by |
---|
887 | | - | Subchapter E, Chapter 33; |
---|
888 | | - | (5) school-based mental health providers; and |
---|
889 | | - | (6) public and private funding sources available to |
---|
890 | | - | address the mental health of students. |
---|
891 | | - | (c) Not later than December 1 of each odd-numbered year, the |
---|
892 | | - | agency shall revise the rubric as necessary to reflect changes in |
---|
893 | | - | resources that may be available to schools and provide the rubric to |
---|
894 | | - | each regional education service center. |
---|
895 | | - | Sec. 38.252. REGIONAL INVENTORY OF MENTAL HEALTH RESOURCES. |
---|
896 | | - | (a) Each regional education service center shall use the rubric |
---|
897 | | - | developed under Section 38.251 to identify resources related to |
---|
898 | | - | student mental health available to schools in the center's region, |
---|
899 | | - | including evidence-based and promising programs and best |
---|
900 | | - | practices, that: |
---|
901 | | - | (1) create school environments that support the |
---|
902 | | - | social, emotional, and academic development of students; |
---|
903 | | - | (2) identify students who may need additional |
---|
904 | | - | behavioral or mental health support before issues arise; |
---|
905 | | - | (3) provide early, effective interventions to |
---|
906 | | - | students in need of additional support; |
---|
907 | | - | (4) connect students and their families to specialized |
---|
908 | | - | services in the school or community when needed; and |
---|
909 | | - | (5) assist schools in aligning resources necessary to |
---|
910 | | - | address the mental health of students. |
---|
911 | | - | (b) A regional education service center may consult with any |
---|
912 | | - | entity the center considers necessary in identifying resources |
---|
913 | | - | under Subsection (a), including: |
---|
914 | | - | (1) school districts; |
---|
915 | | - | (2) local mental health authorities; |
---|
916 | | - | (3) community mental health services providers; |
---|
917 | | - | (4) education groups; |
---|
918 | | - | (5) hospitals; and |
---|
919 | | - | (6) institutions of higher education. |
---|
920 | | - | (c) Not later than March 1 of each even-numbered year, each |
---|
921 | | - | regional education service center shall: |
---|
922 | | - | (1) use the revised rubric received from the agency |
---|
923 | | - | under Section 38.251 to identify, in the manner provided by this |
---|
924 | | - | section, any additional resources that may be available to schools |
---|
925 | | - | in the center's region; and |
---|
926 | | - | (2) submit to the agency a report on resources |
---|
927 | | - | identified through the process, including any additional resources |
---|
928 | | - | identified under Subdivision (1). |
---|
929 | | - | Sec. 38.253. STATEWIDE INVENTORY OF MENTAL HEALTH |
---|
930 | | - | RESOURCES. (a) The agency shall develop a list of statewide |
---|
931 | | - | resources available to school districts to address the mental |
---|
932 | | - | health of students, including: |
---|
933 | | - | (1) training and technical assistance on practices |
---|
934 | | - | that support the mental health of students; |
---|
935 | | - | (2) school-based programs that provide prevention or |
---|
936 | | - | intervention services to students; |
---|
937 | | - | (3) community-based programs that provide |
---|
938 | | - | school-based or school-connected prevention or intervention |
---|
939 | | - | services to students; |
---|
940 | | - | (4) school-based mental health providers; and |
---|
941 | | - | (5) public and private funding sources available to |
---|
942 | | - | address the mental health of students. |
---|
943 | | - | (b) In developing the list required under Subsection (a), |
---|
944 | | - | the agency shall collaborate with: |
---|
945 | | - | (1) the Health and Human Services Commission; |
---|
946 | | - | (2) the Department of Family and Protective Services; |
---|
947 | | - | (3) the Texas Juvenile Justice Department; |
---|
948 | | - | (4) the Texas Higher Education Coordinating Board; |
---|
949 | | - | (5) the Texas Child Mental Health Care Consortium; |
---|
950 | | - | (6) the Texas Workforce Commission; |
---|
951 | | - | (7) one or more representatives of Communities In |
---|
952 | | - | Schools programs described by Subchapter E, Chapter 33, who are |
---|
953 | | - | designated by the Communities In Schools State Office; |
---|
954 | | - | (8) hospitals or other health care providers; |
---|
955 | | - | (9) community service providers; |
---|
956 | | - | (10) parent, educator, and advocacy groups; and |
---|
957 | | - | (11) any entity the agency determines can assist the |
---|
958 | | - | agency in compiling the list. |
---|
959 | | - | (c) The agency shall include on the list any resource |
---|
960 | | - | available through an entity identified as a resource under |
---|
961 | | - | Subsection (b), including an entity described by Subsection (b), |
---|
962 | | - | that provides evidence-based and promising programs and best |
---|
963 | | - | practices that: |
---|
964 | | - | (1) create school environments that support the |
---|
965 | | - | social, emotional, and academic development of students; |
---|
966 | | - | (2) identify students who may need additional |
---|
967 | | - | behavioral or mental health support before issues arise; |
---|
968 | | - | (3) provide early, effective interventions to |
---|
969 | | - | students in need of additional support; and |
---|
970 | | - | (4) connect students and their families to specialized |
---|
971 | | - | services in the school or community when needed. |
---|
972 | | - | (d) The agency shall revise the list not later than March 1 |
---|
973 | | - | of each even-numbered year. |
---|
974 | | - | Sec. 38.254. STATEWIDE PLAN FOR STUDENT MENTAL HEALTH. |
---|
975 | | - | (a) The agency shall develop a statewide plan to ensure all |
---|
976 | | - | students have access to adequate mental health resources. The |
---|
977 | | - | agency shall include in the plan: |
---|
978 | | - | (1) a description of any revisions made to the rubric |
---|
979 | | - | required by Section 38.251; |
---|
980 | | - | (2) the results of the most recent regional inventory |
---|
981 | | - | of mental health resources required by Section 38.252, including |
---|
982 | | - | any additional resources identified; |
---|
983 | | - | (3) the results of the most recent statewide inventory |
---|
984 | | - | of mental health resources required by Section 38.253, including |
---|
985 | | - | any additional resources identified; |
---|
986 | | - | (4) the agency's goals for student mental health |
---|
987 | | - | access to be applied across the state, including goals relating to: |
---|
988 | | - | (A) methods to objectively measure positive |
---|
989 | | - | school climate; |
---|
990 | | - | (B) increasing the availability of early, |
---|
991 | | - | effective school-based or school-connected mental health |
---|
992 | | - | interventions and resources for students in need of additional |
---|
993 | | - | support; and |
---|
994 | | - | (C) increasing the availability of referrals for |
---|
995 | | - | students and families to specialized services for students in need |
---|
996 | | - | of additional support outside the school; |
---|
997 | | - | (5) a list of actions the commissioner may take |
---|
998 | | - | without legislative action to help all districts reach the agency's |
---|
999 | | - | goals described by the plan; and |
---|
1000 | | - | (6) recommendations to the legislature on methods to |
---|
1001 | | - | ensure that all districts can meet the agency's goals described in |
---|
1002 | | - | the plan through legislative appropriations or other action by the |
---|
1003 | | - | legislature. |
---|
1004 | | - | (b) In developing the agency's goals under Subsection |
---|
1005 | | - | (a)(4), the agency shall consult with any person the agency |
---|
1006 | | - | believes is necessary to the development of the goals, including: |
---|
1007 | | - | (1) educators; |
---|
1008 | | - | (2) mental health practitioners; |
---|
1009 | | - | (3) advocacy groups; and |
---|
1010 | | - | (4) parents. |
---|
1011 | | - | (c) The agency shall revise the plan not later than April 1 |
---|
1012 | | - | of each even-numbered year. |
---|
1013 | | - | (d) As soon as practicable after completing or revising the |
---|
1014 | | - | plan, the agency shall: |
---|
1015 | | - | (1) submit an electronic copy of the plan to the |
---|
1016 | | - | legislature; |
---|
1017 | | - | (2) post the plan on the agency's Internet website; and |
---|
1018 | | - | (3) hold public meetings in each regional education |
---|
1019 | | - | service center's region to present the statewide plan and shall |
---|
1020 | | - | provide an opportunity for public comment at each meeting. |
---|
1021 | | - | Sec. 38.255. AGENCY USE OF STATEWIDE PLAN. (a) The agency |
---|
1022 | | - | shall use the statewide plan for student mental health required by |
---|
1023 | | - | Section 38.254 to develop and revise the agency's long-term |
---|
1024 | | - | strategic plan. |
---|
1025 | | - | (b) The agency shall use the recommendations to the |
---|
1026 | | - | legislature required by Section 38.254(a)(6) to develop each agency |
---|
1027 | | - | legislative appropriations request. |
---|
1028 | | - | Sec. 38.256. REPORTS TO LEGISLATURE. In addition to any |
---|
1029 | | - | other information required to be provided to the legislature under |
---|
1030 | | - | this chapter, not later than November 1 of each even-numbered year |
---|
1031 | | - | the agency shall provide to the legislature: |
---|
1032 | | - | (1) a description of any changes the agency has made to |
---|
1033 | | - | the rubric required by Section 38.251; and |
---|
1034 | | - | (2) an analysis of each region's progress toward |
---|
1035 | | - | meeting the agency's goals developed under Section 38.254. |
---|
1079 | 1008 | | (c) A school district may use funds allocated under this |
---|
1080 | 1009 | | section for equipment or software that is used for a school safety |
---|
1081 | 1010 | | and security purpose and an instructional purpose, provided that |
---|
1082 | 1011 | | the instructional use does not compromise the safety and security |
---|
1083 | 1012 | | purpose of the equipment or software. |
---|
1084 | 1013 | | (d) A school district that is required to take action under |
---|
1085 | 1014 | | Chapter 41 to reduce its wealth per student to the equalized wealth |
---|
1086 | 1015 | | level is entitled to a credit, in the amount of the allotments to |
---|
1087 | 1016 | | which the district is to receive as provided by appropriation, |
---|
1088 | 1017 | | against the total amount required under Section 41.093 for the |
---|
1089 | 1018 | | district to purchase attendance credits. |
---|
1090 | 1019 | | (e) The commissioner may adopt rules to implement this |
---|
1091 | 1020 | | section. |
---|
1092 | 1021 | | SECTION 21. Section 45.001(a), Education Code, is amended |
---|
1093 | 1022 | | to read as follows: |
---|
1094 | 1023 | | (a) The governing board of an independent school district, |
---|
1095 | 1024 | | including the city council or commission that has jurisdiction over |
---|
1096 | 1025 | | a municipally controlled independent school district, the |
---|
1097 | 1026 | | governing board of a rural high school district, and the |
---|
1098 | 1027 | | commissioners court of a county, on behalf of each common school |
---|
1099 | 1028 | | district under its jurisdiction, may: |
---|
1100 | 1029 | | (1) issue bonds for: |
---|
1101 | 1030 | | (A) the construction, acquisition, and equipment |
---|
1102 | 1031 | | of school buildings in the district; |
---|
1103 | 1032 | | (B) the acquisition of property or the |
---|
1104 | 1033 | | refinancing of property financed under a contract entered under |
---|
1105 | 1034 | | Subchapter A, Chapter 271, Local Government Code, regardless of |
---|
1106 | 1035 | | whether payment obligations under the contract are due in the |
---|
1107 | 1036 | | current year or a future year; |
---|
1108 | 1037 | | (C) the purchase of the necessary sites for |
---|
1109 | 1038 | | school buildings; [and] |
---|
1110 | 1039 | | (D) the purchase of new school buses; |
---|
1111 | 1040 | | (E) the retrofitting of school buses with |
---|
1112 | 1041 | | emergency, safety, or security equipment; and |
---|
1113 | 1042 | | (F) the purchase or retrofitting of vehicles to |
---|
1114 | 1043 | | be used for emergency, safety, or security purposes; and |
---|
1115 | 1044 | | (2) [may] levy, pledge, assess, and collect annual ad |
---|
1116 | 1045 | | valorem taxes sufficient to pay the principal of and interest on the |
---|
1117 | 1046 | | bonds as or before the principal and interest become due, subject to |
---|
1118 | 1047 | | Section 45.003. |
---|
1119 | | - | SECTION 22. Subtitle E, Title 2, Health and Safety Code, is |
---|
1120 | | - | amended by adding Chapter 113 to read as follows: |
---|
1121 | | - | CHAPTER 113. TEXAS CHILD MENTAL HEALTH CARE CONSORTIUM |
---|
1122 | | - | SUBCHAPTER A. GENERAL PROVISIONS |
---|
1123 | | - | Sec. 113.0001. DEFINITIONS. In this chapter: |
---|
1124 | | - | (1) "Community mental health provider" means an entity |
---|
1125 | | - | that provides mental health care services at a local level, |
---|
1126 | | - | including a local mental health authority. |
---|
1127 | | - | (2) "Consortium" means the Texas Child Mental Health |
---|
1128 | | - | Care Consortium. |
---|
1129 | | - | (3) "Executive committee" means the executive |
---|
1130 | | - | committee of the consortium. |
---|
1131 | | - | SUBCHAPTER B. CONSORTIUM |
---|
1132 | | - | Sec. 113.0051. ESTABLISHMENT; PURPOSE. The Texas Child |
---|
1133 | | - | Mental Health Care Consortium is established to: |
---|
1134 | | - | (1) leverage the expertise and capacity of the |
---|
1135 | | - | health-related institutions of higher education listed in Section |
---|
1136 | | - | 113.0052(1) to address urgent mental health challenges and improve |
---|
1137 | | - | the mental health care system in this state in relation to children |
---|
1138 | | - | and adolescents; and |
---|
1139 | | - | (2) enhance the state's ability to address mental |
---|
1140 | | - | health care needs of children and adolescents through collaboration |
---|
1141 | | - | of the health-related institutions of higher education listed in |
---|
1142 | | - | Section 113.0052(1). |
---|
1143 | | - | Sec. 113.0052. COMPOSITION. The consortium is composed of: |
---|
1144 | | - | (1) the following health-related institutions of |
---|
1145 | | - | higher education: |
---|
1146 | | - | (A) Baylor College of Medicine; |
---|
1147 | | - | (B) Texas A&M University System Health Science |
---|
1148 | | - | Center; |
---|
1149 | | - | (C) Texas Tech University Health Sciences |
---|
1150 | | - | Center; |
---|
1151 | | - | (D) Texas Tech University Health Sciences Center |
---|
1152 | | - | at El Paso; |
---|
1153 | | - | (E) University of North Texas Health Science |
---|
1154 | | - | Center at Fort Worth; |
---|
1155 | | - | (F) The Dell Medical School at The University of |
---|
1156 | | - | Texas at Austin; |
---|
1157 | | - | (G) The University of Texas M.D. Anderson Cancer |
---|
1158 | | - | Center; |
---|
1159 | | - | (H) The University of Texas Medical Branch at |
---|
1160 | | - | Galveston; |
---|
1161 | | - | (I) The University of Texas Health Science Center |
---|
1162 | | - | at Houston; |
---|
1163 | | - | (J) The University of Texas Health Science Center |
---|
1164 | | - | at San Antonio; |
---|
1165 | | - | (K) The University of Texas Rio Grande Valley |
---|
1166 | | - | School of Medicine; |
---|
1167 | | - | (L) The University of Texas Health Science Center |
---|
1168 | | - | at Tyler; and |
---|
1169 | | - | (M) The University of Texas Southwestern Medical |
---|
1170 | | - | Center; |
---|
1171 | | - | (2) the commission; |
---|
1172 | | - | (3) the Texas Higher Education Coordinating Board; |
---|
1173 | | - | (4) three nonprofit organizations that focus on mental |
---|
1174 | | - | health care, designated by a majority of the members described by |
---|
1175 | | - | Subdivision (1); and |
---|
1176 | | - | (5) any other entity that the executive committee |
---|
1177 | | - | considers necessary. |
---|
1178 | | - | Sec. 113.0053. ADMINISTRATIVE ATTACHMENT. The consortium |
---|
1179 | | - | is administratively attached to the Texas Higher Education |
---|
1180 | | - | Coordinating Board for the purpose of receiving and administering |
---|
1181 | | - | appropriations and other funds under this chapter. The board is not |
---|
1182 | | - | responsible for providing to the consortium staff, human resources, |
---|
1183 | | - | contract monitoring, purchasing, or any other administrative |
---|
1184 | | - | support services. |
---|
1185 | | - | SUBCHAPTER C. EXECUTIVE COMMITTEE |
---|
1186 | | - | Sec. 113.0101. EXECUTIVE COMMITTEE COMPOSITION. (a) The |
---|
1187 | | - | consortium is governed by an executive committee composed of the |
---|
1188 | | - | following members: |
---|
1189 | | - | (1) the chair of the academic department of psychiatry |
---|
1190 | | - | of each of the health-related institutions of higher education |
---|
1191 | | - | listed in Section 113.0052(1) or a licensed psychiatrist, including |
---|
1192 | | - | a child-adolescent psychiatrist, designated by the chair to serve |
---|
1193 | | - | in the chair's place; |
---|
1194 | | - | (2) a representative of the commission with expertise |
---|
1195 | | - | in the delivery of mental health care services, appointed by the |
---|
1196 | | - | executive commissioner; |
---|
1197 | | - | (3) a representative of the commission with expertise |
---|
1198 | | - | in mental health facilities, appointed by the executive |
---|
1199 | | - | commissioner; |
---|
1200 | | - | (4) a representative of the Texas Higher Education |
---|
1201 | | - | Coordinating Board, appointed by the commissioner of the |
---|
1202 | | - | coordinating board; |
---|
1203 | | - | (5) a representative of each nonprofit organization |
---|
1204 | | - | described by Section 113.0052(4) that is part of the consortium, |
---|
1205 | | - | designated by a majority of the members described by Subdivision |
---|
1206 | | - | (1); |
---|
1207 | | - | (6) a representative of a hospital system in this |
---|
1208 | | - | state, designated by a majority of the members described by |
---|
1209 | | - | Subdivision (1); and |
---|
1210 | | - | (7) any other representative designated: |
---|
1211 | | - | (A) under Subsection (b); or |
---|
1212 | | - | (B) by a majority of the members described by |
---|
1213 | | - | Subdivision (1) at the request of the executive committee. |
---|
1214 | | - | (b) The president of each of the health-related |
---|
1215 | | - | institutions of higher education listed in Section 113.0052(1) may |
---|
1216 | | - | designate a representative to serve on the executive committee. |
---|
1217 | | - | Sec. 113.0102. VACANCY. A vacancy on the executive |
---|
1218 | | - | committee shall be filled in the same manner as the original |
---|
1219 | | - | appointment. |
---|
1220 | | - | Sec. 113.0103. PRESIDING OFFICER. The executive committee |
---|
1221 | | - | shall elect a presiding officer from among the membership of the |
---|
1222 | | - | executive committee. |
---|
1223 | | - | Sec. 113.0104. STATEWIDE BEHAVIORAL HEALTH COORDINATING |
---|
1224 | | - | COUNCIL. The consortium shall designate a member of the executive |
---|
1225 | | - | committee to represent the consortium on the statewide behavioral |
---|
1226 | | - | health coordinating council. |
---|
1227 | | - | Sec. 113.0105. GENERAL DUTIES. The executive committee |
---|
1228 | | - | shall: |
---|
1229 | | - | (1) coordinate the provision of funding to the |
---|
1230 | | - | health-related institutions of higher education listed in Section |
---|
1231 | | - | 113.0052(1) to carry out the purposes of this chapter; |
---|
1232 | | - | (2) establish procedures and policies for the |
---|
1233 | | - | administration of funds under this chapter; |
---|
1234 | | - | (3) monitor funding and agreements entered into under |
---|
1235 | | - | this chapter to ensure recipients of funding comply with the terms |
---|
1236 | | - | and conditions of the funding and agreements; and |
---|
1237 | | - | (4) establish procedures to document compliance by |
---|
1238 | | - | executive committee members and staff with applicable laws |
---|
1239 | | - | governing conflicts of interest. |
---|
1240 | | - | SUBCHAPTER D. ACCESS TO CARE |
---|
1241 | | - | Sec. 113.0151. CHILD PSYCHIATRY ACCESS NETWORK AND |
---|
1242 | | - | TELEMEDICINE AND TELEHEALTH PROGRAMS. (a) The consortium shall |
---|
1243 | | - | establish a network of comprehensive child psychiatry access |
---|
1244 | | - | centers. A center established under this section shall: |
---|
1245 | | - | (1) be located at a health-related institution of |
---|
1246 | | - | higher education listed in Section 113.0052(1); and |
---|
1247 | | - | (2) provide consultation services and training |
---|
1248 | | - | opportunities for pediatricians and primary care providers |
---|
1249 | | - | operating in the center's geographic region to better care for |
---|
1250 | | - | children and youth with behavioral health needs. |
---|
1251 | | - | (b) The consortium shall establish or expand telemedicine |
---|
1252 | | - | or telehealth programs for identifying and assessing behavioral |
---|
1253 | | - | health needs and providing access to mental health care services. |
---|
1254 | | - | The consortium shall implement this subsection with a focus on the |
---|
1255 | | - | behavioral health needs of at-risk children and adolescents. |
---|
1256 | | - | (c) A health-related institution of higher education listed |
---|
1257 | | - | in Section 113.0052(1) may enter into a memorandum of understanding |
---|
1258 | | - | with a community mental health provider to: |
---|
1259 | | - | (1) establish a center under Subsection (a); or |
---|
1260 | | - | (2) establish or expand a program under Subsection |
---|
1261 | | - | (b). |
---|
1262 | | - | (d) The consortium shall leverage the resources of a |
---|
1263 | | - | hospital system under Subsection (a) or (b) if the hospital system: |
---|
1264 | | - | (1) provides consultation services and training |
---|
1265 | | - | opportunities for pediatricians and primary care providers that are |
---|
1266 | | - | consistent with those described by Subsection (a); and |
---|
1267 | | - | (2) has an existing telemedicine or telehealth program |
---|
1268 | | - | for identifying and assessing the behavioral health needs of and |
---|
1269 | | - | providing access to mental health care services for children and |
---|
1270 | | - | adolescents. |
---|
1271 | | - | Sec. 113.0152. CONSENT REQUIRED FOR SERVICES TO MINOR. |
---|
1272 | | - | (a) A person may provide mental health care services to a child |
---|
1273 | | - | younger than 18 years of age through a program established under |
---|
1274 | | - | this subchapter only if the person obtains the written consent of |
---|
1275 | | - | the parent or legal guardian of the child. |
---|
1276 | | - | (b) The consortium shall develop and post on its Internet |
---|
1277 | | - | website a model form for a parent or legal guardian to provide |
---|
1278 | | - | consent under this section. |
---|
1279 | | - | (c) This section does not apply to services provided by a |
---|
1280 | | - | school counselor in accordance with Section 33.005, 33.006, or |
---|
1281 | | - | 33.007, Education Code. |
---|
1282 | | - | Sec. 113.0153. REIMBURSEMENT FOR SERVICES. A child |
---|
1283 | | - | psychiatry access center established under Section 113.0151(a) may |
---|
1284 | | - | not submit an insurance claim or charge a pediatrician or primary |
---|
1285 | | - | care provider a fee for providing consultation services or training |
---|
1286 | | - | opportunities under this section. |
---|
1287 | | - | SUBCHAPTER E. CHILD MENTAL HEALTH WORKFORCE |
---|
1288 | | - | Sec. 113.0201. CHILD PSYCHIATRY WORKFORCE EXPANSION. |
---|
1289 | | - | (a) The executive committee may provide funding to a |
---|
1290 | | - | health-related institution of higher education listed in Section |
---|
1291 | | - | 113.0052(1) for the purpose of funding: |
---|
1292 | | - | (1) two full-time psychiatrists who treat children and |
---|
1293 | | - | adolescents to serve as academic medical director at a facility |
---|
1294 | | - | operated by a community mental health provider; and |
---|
1295 | | - | (2) two new resident rotation positions. |
---|
1296 | | - | (b) An academic medical director described by Subsection |
---|
1297 | | - | (a) shall collaborate and coordinate with a community mental health |
---|
1298 | | - | provider to expand the amount and availability of mental health |
---|
1299 | | - | care resources by developing training opportunities for residents |
---|
1300 | | - | and supervising residents at a facility operated by the community |
---|
1301 | | - | mental health provider. |
---|
1302 | | - | (c) An institution of higher education that receives |
---|
1303 | | - | funding under Subsection (a) shall require that psychiatric |
---|
1304 | | - | residents participate in rotations through the facility operated by |
---|
1305 | | - | the community mental health provider in accordance with Subsection |
---|
1306 | | - | (b). |
---|
1307 | | - | Sec. 113.0202. CHILD AND ADOLESCENT PSYCHIATRY FELLOWSHIP. |
---|
1308 | | - | (a) The executive committee may provide funding to a |
---|
1309 | | - | health-related institution of higher education listed in Section |
---|
1310 | | - | 113.0052(1) for the purpose of funding a physician fellowship |
---|
1311 | | - | position that will lead to a medical specialty in the diagnosis and |
---|
1312 | | - | treatment of psychiatric and associated behavioral health issues |
---|
1313 | | - | affecting children and adolescents. |
---|
1314 | | - | (b) The funding provided to a health-related institution of |
---|
1315 | | - | higher education under this section must be used to increase the |
---|
1316 | | - | number of fellowship positions at the institution and may not be |
---|
1317 | | - | used to replace existing funding for the institution. |
---|
1318 | | - | SUBCHAPTER F. MISCELLANEOUS PROVISIONS |
---|
1319 | | - | Sec. 113.0251. BIENNIAL REPORT. Not later than December 1 |
---|
1320 | | - | of each even-numbered year, the consortium shall prepare and submit |
---|
1321 | | - | to the governor, the lieutenant governor, the speaker of the house |
---|
1322 | | - | of representatives, and the standing committee of each house of the |
---|
1323 | | - | legislature with primary jurisdiction over behavioral health |
---|
1324 | | - | issues and post on its Internet website a written report that |
---|
1325 | | - | outlines: |
---|
1326 | | - | (1) the activities and objectives of the consortium; |
---|
1327 | | - | (2) the health-related institutions of higher |
---|
1328 | | - | education listed in Section 113.0052(1) that receive funding by the |
---|
1329 | | - | executive committee; and |
---|
1330 | | - | (3) any legislative recommendations based on the |
---|
1331 | | - | activities and objectives described by Subdivision (1). |
---|
1332 | | - | Sec. 113.0252. APPROPRIATION CONTINGENCY. The consortium |
---|
1333 | | - | is required to implement a provision of this chapter only if the |
---|
1334 | | - | legislature appropriates money specifically for that purpose. If |
---|
1335 | | - | the legislature does not appropriate money specifically for that |
---|
1336 | | - | purpose, the consortium may, but is not required to, implement a |
---|
1337 | | - | provision of this chapter. |
---|
1338 | | - | SECTION 23. Section 161.325(d), Health and Safety Code, is |
---|
| 1048 | + | SECTION 22. Section 161.325(d), Health and Safety Code, is |
---|
1401 | | - | SECTION 27. (a) Not later than December 1, 2019, the Texas |
---|
1402 | | - | Education Agency shall develop and distribute to each regional |
---|
1403 | | - | education service center the rubric required by Section 38.251, |
---|
1404 | | - | Education Code, as added by this Act. |
---|
1405 | | - | (b) Not later than March 1, 2020: |
---|
1406 | | - | (1) each regional education service center shall |
---|
1407 | | - | complete the regional inventory of mental health resources required |
---|
1408 | | - | by Section 38.252, Education Code, as added by this Act, and report |
---|
1409 | | - | to the Texas Education Agency on the resources identified through |
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1410 | | - | the inventory; and |
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1411 | | - | (2) the Texas Education Agency shall complete the |
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1412 | | - | statewide inventory of mental health resources required by Section |
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1413 | | - | 38.253, Education Code, as added by this Act, and develop a list of |
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1414 | | - | resources available to school districts statewide to address the |
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1415 | | - | mental health of students. |
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1416 | | - | (c) Not later than April 1, 2020, the Texas Education Agency |
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1417 | | - | shall develop the statewide plan for student mental health required |
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1418 | | - | by Section 38.254, Education Code, as added by this Act, submit an |
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1419 | | - | electronic copy of the plan to the legislature, and post the plan on |
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1420 | | - | the agency's Internet website. |
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1421 | | - | SECTION 28. As soon as practicable after the effective date |
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1422 | | - | of this Act, the executive commissioner of the Health and Human |
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1423 | | - | Services Commission, the commissioner of the Texas Higher Education |
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1424 | | - | Coordinating Board, and the members of the executive committee |
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1425 | | - | described by Section 113.0101(a)(1), Health and Safety Code, as |
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1426 | | - | added by this Act, shall make the appointments and designations |
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1427 | | - | required by Section 113.0101, Health and Safety Code, as added by |
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1428 | | - | this Act. |
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1429 | | - | SECTION 29. (a) Notwithstanding Section 1701.263(b), |
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| 1107 | + | SECTION 25. (a) Notwithstanding Section 1701.263(b), |
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