Texas 2019 - 86th Regular

Texas Senate Bill SB1878 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7843 SOS-D
2	2	By: West S.B. No. 1878
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a mental health professional to school law enforcement
8	8	official ratio for public schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 37, Education Code, is
11	11	amended by adding Section 37.0816 to read as follows:
12	12	Sec. 37.0816. MENTAL HEALTH PROFESSIONAL TO SCHOOL LAW
13	13	ENFORCEMENT OFFICIAL RATIOS. (a) In this section:
14	14	(1) "Mental health professional" means:
15	15	(A) a school counselor certified under
16	16	Subchapter B, Chapter 21;
17	17	(B) a licensed specialist in school psychology,
18	18	as defined by Section 501.002, Occupations Code;
19	19	(C) a licensed professional counselor, as
20	20	defined by Section 503.002, Occupations Code; or
21	21	(D) a licensed clinical social worker, as defined
22	22	by Section 505.002, Occupations Code.
23	23	(2) "School district peace officer" means a peace
24	24	officer commissioned under Section 37.081.
25	25	(3) "School law enforcement official" means:
26	26	(A) a security officer employed by a school
27	27	district or open-enrollment charter school;
28	28	(B) a person who provides security services under
29	29	a contract with a school district or open-enrollment charter
30	30	school;
31	31	(C) a school district peace officer; or
32	32	(D) a school resource officer who provides a
33	33	regular presence on a school district or open-enrollment charter
34	34	school campus under a memorandum of understanding between the
35	35	district or school and a local law enforcement agency.
36	36	(b) A school district or open-enrollment charter school
37	37	that employs, commissions, or contracts for the services of a
38	38	school law enforcement official to carry out this subchapter shall
39	39	maintain a mental health professional to school law enforcement
40	40	official ratio that is not less than:
41	41	(1) four mental health professionals for each school
42	42	law enforcement official if the district or school has a student
43	43	enrollment of 5,000 or more students;
44	44	(2) three mental health professionals for each school
45	45	law enforcement official if the district or school has a student
46	46	enrollment of more than 500 and less than 5,000; and
47	47	(3) two mental health professionals for each school
48	48	law enforcement official if the district or school has a student
49	49	enrollment of 500 or less.
50	50	(c) A school district or open-enrollment charter school may
51	51	apply under Section 7.056 to the commissioner for a waiver of the
52	52	ratio requirement imposed under Subsection (b). In addition to the
53	53	requirements under Section 7.056(b), a school district or
54	54	open-enrollment charter school requesting a waiver shall submit to
55	55	the commissioner within the period prescribed by Section 7.056(b)
56	56	documentation approved by the board of trustees of the district or
57	57	the governing body of the school showing that the district or school
58	58	made a good faith but unsuccessful attempt to obtain the applicable
59	59	number of mental health professionals required under Subsection
60	60	(b).
61	61	(c-1) Notwithstanding Subsection (c), a school district or
62	62	open-enrollment charter school that applies under Section 7.056(b)
63	63	to the commissioner for a waiver of the ratio requirement imposed
64	64	under Subsection (b) of this section for the 2019-2020 school year
65	65	is not required to submit documentation showing that the district
66	66	or school made a good faith but unsuccessful attempt to obtain the
67	67	applicable number of mental health professionals required under
68	68	Subsection (b). This subsection expires September 1, 2020.
69	69	(d) A school district or open-enrollment charter school
70	70	that receives a waiver of the ratio requirement imposed under
71	71	Subsection (b) shall ensure that each school law enforcement
72	72	official complete appropriate training by:
73	73	(1) verifying that each school law enforcement
74	74	official subject to Section 1701.263, Occupations Code, has
75	75	completed the required education and training program; and
76	76	(2) for any school law enforcement official who is not
77	77	subject to Section 1701.263, Occupations Code, requiring the
78	78	official to complete:
79	79	(A) the model training curriculum developed
80	80	under Section 1701.262, Occupations Code, if the official is a
81	81	school district peace officer or school resource officer;
82	82	(B) positive behavior interventions and supports
83	83	training provided by a regional education service center; or
84	84	(C) a school safety course provided by the Texas
85	85	School Safety Center under Section 37.205.
86	86	SECTION 2. The changes in law made by this Act apply
87	87	beginning with the 2019-2020 school year.
88	88	SECTION 3. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2019.