86R7843 SOS-D
By: West S.B. No. 1878
A BILL TO BE ENTITLED
AN ACT
relating to a mental health professional to school law enforcement
official ratio for public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0816 to read as follows:
Sec. 37.0816. MENTAL HEALTH PROFESSIONAL TO SCHOOL LAW
ENFORCEMENT OFFICIAL RATIOS. (a) In this section:
(1) "Mental health professional" means:
(A) a school counselor certified under
Subchapter B, Chapter 21;
(B) a licensed specialist in school psychology,
as defined by Section 501.002, Occupations Code;
(C) a licensed professional counselor, as
defined by Section 503.002, Occupations Code; or
(D) a licensed clinical social worker, as defined
by Section 505.002, Occupations Code.
(2) "School district peace officer" means a peace
officer commissioned under Section 37.081.
(3) "School law enforcement official" means:
(A) a security officer employed by a school
district or open-enrollment charter school;
(B) a person who provides security services under
a contract with a school district or open-enrollment charter
school;
(C) a school district peace officer; or
(D) a school resource officer who provides a
regular presence on a school district or open-enrollment charter
school campus under a memorandum of understanding between the
district or school and a local law enforcement agency.
(b) A school district or open-enrollment charter school
that employs, commissions, or contracts for the services of a
school law enforcement official to carry out this subchapter shall
maintain a mental health professional to school law enforcement
official ratio that is not less than:
(1) four mental health professionals for each school
law enforcement official if the district or school has a student
enrollment of 5,000 or more students;
(2) three mental health professionals for each school
law enforcement official if the district or school has a student
enrollment of more than 500 and less than 5,000; and
(3) two mental health professionals for each school
law enforcement official if the district or school has a student
enrollment of 500 or less.
(c) A school district or open-enrollment charter school may
apply under Section 7.056 to the commissioner for a waiver of the
ratio requirement imposed under Subsection (b). In addition to the
requirements under Section 7.056(b), a school district or
open-enrollment charter school requesting a waiver shall submit to
the commissioner within the period prescribed by Section 7.056(b)
documentation approved by the board of trustees of the district or
the governing body of the school showing that the district or school
made a good faith but unsuccessful attempt to obtain the applicable
number of mental health professionals required under Subsection
(b).
(c-1) Notwithstanding Subsection (c), a school district or
open-enrollment charter school that applies under Section 7.056(b)
to the commissioner for a waiver of the ratio requirement imposed
under Subsection (b) of this section for the 2019-2020 school year
is not required to submit documentation showing that the district
or school made a good faith but unsuccessful attempt to obtain the
applicable number of mental health professionals required under
Subsection (b). This subsection expires September 1, 2020.
(d) A school district or open-enrollment charter school
that receives a waiver of the ratio requirement imposed under
Subsection (b) shall ensure that each school law enforcement
official complete appropriate training by:
(1) verifying that each school law enforcement
official subject to Section 1701.263, Occupations Code, has
completed the required education and training program; and
(2) for any school law enforcement official who is not
subject to Section 1701.263, Occupations Code, requiring the
official to complete:
(A) the model training curriculum developed
under Section 1701.262, Occupations Code, if the official is a
school district peace officer or school resource officer;
(B) positive behavior interventions and supports
training provided by a regional education service center; or
(C) a school safety course provided by the Texas
School Safety Center under Section 37.205.
SECTION 2. The changes in law made by this Act apply
beginning with the 2019-2020 school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.