Texas 2019 - 86th Regular

Texas Senate Bill SB913 Compare Versions

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

Old	New	Differences
1	1	86R3542 KJE-F
2	2	By: Watson S.B. No. 913
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to consideration of the mental health of public school
8	8	students in training requirements for certain school employees,
9	9	curriculum requirements, counseling programs, educational
10	10	programs, state and regional programs and services, and health care
11	11	services for students and to mental health first aid program
12	12	training and reporting regarding local mental health authority and
13	13	school district personnel.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. MENTAL HEALTH OF STUDENTS IN PUBLIC SCHOOLS
16	16	SECTION 1.01. Section 5.001, Education Code, is amended by
17	17	adding Subdivision (9) to read as follows:
18	18	(9) "Substance abuse" means a patterned use of a
19	19	substance, including a controlled substance, as defined by Chapter
20	20	481, Health and Safety Code, and alcohol, in which the person
21	21	consumes the substance in amounts or with methods that are harmful
22	22	to the person's self or to others.
23	23	SECTION 1.02. Section 11.252(a), Education Code, is amended
24	24	to read as follows:
25	25	(a) Each school district shall have a district improvement
26	26	plan that is developed, evaluated, and revised annually, in
27	27	accordance with district policy, by the superintendent with the
28	28	assistance of the district-level committee established under
29	29	Section 11.251. The purpose of the district improvement plan is to
30	30	guide district and campus staff in the improvement of student
31	31	performance for all student groups in order to attain state
32	32	standards in respect to the achievement indicators adopted under
33	33	Section 39.053(c). The district improvement plan must include
34	34	provisions for:
35	35	(1) a comprehensive needs assessment addressing
36	36	district student performance on the achievement indicators, and
37	37	other appropriate measures of performance, that are disaggregated
38	38	by all student groups served by the district, including categories
39	39	of ethnicity, socioeconomic status, sex, and populations served by
40	40	special programs, including students in special education programs
41	41	under Subchapter A, Chapter 29;
42	42	(2) measurable district performance objectives for
43	43	all appropriate achievement indicators for all student
44	44	populations, including students in special education programs
45	45	under Subchapter A, Chapter 29, and other measures of student
46	46	performance that may be identified through the comprehensive needs
47	47	assessment;
48	48	(3) strategies for improvement of student performance
49	49	that include:
50	50	(A) instructional methods for addressing the
51	51	needs of student groups not achieving their full potential;
52	52	(B) methods for addressing the needs of students
53	53	for special programs, including:
54	54	(i) suicide prevention programs, in
55	55	accordance with Subchapter G [O-1], Chapter 38 [161, Health and
56	56	Safety Code], which include [includes] a parental or guardian
57	57	notification procedure;
58	58	(ii) conflict resolution programs;
59	59	(iii) violence prevention programs; and
60	60	(iv) dyslexia treatment programs;
61	61	(C) dropout reduction;
62	62	(D) integration of technology in instructional
63	63	and administrative programs;
64	64	(E) positive behavior interventions and support,
65	65	including interventions and support that integrate best practices
66	66	on grief-informed and trauma-informed care [discipline
67	67	management];
68	68	(F) staff development for professional staff of
69	69	the district;
70	70	(G) career education to assist students in
71	71	developing the knowledge, skills, and competencies necessary for a
72	72	broad range of career opportunities; [and]
73	73	(H) accelerated education; and
74	74	(I) implementation of a comprehensive school
75	75	counseling program under Section 33.005;
76	76	(4) strategies for providing to elementary school,
77	77	middle school, junior high school, and high school students, those
78	78	students' teachers and school counselors, and those students'
79	79	parents information about:
80	80	(A) higher education admissions and financial
81	81	aid opportunities, including state financial aid opportunities
82	82	such as[;
83	83	[(B)] the TEXAS grant program and the Teach for
84	84	Texas grant program established under Chapter 56;
85	85	(B) [(C)] the need for students to make informed
86	86	curriculum choices to be prepared for success beyond high school;
87	87	and
88	88	(C) [(D)] sources of information on higher
89	89	education admissions and financial aid;
90	90	(5) resources needed to implement identified
91	91	strategies;
92	92	(6) staff responsible for ensuring the accomplishment
93	93	of each strategy;
94	94	(7) timelines for ongoing monitoring of the
95	95	implementation of each improvement strategy;
96	96	(8) formative evaluation criteria for determining
97	97	periodically whether strategies are resulting in intended
98	98	improvement of student performance; and
99	99	(9) the policy under Section 38.0041 addressing sexual
100	100	abuse and other maltreatment of children.
101	101	SECTION 1.03. Section 21.044(c-1), Education Code, is
102	102	amended to read as follows:
103	103	(c-1) Any minimum academic qualifications for a certificate
104	104	specified under Subsection (a) that require a person to possess a
105	105	bachelor's degree must also require that the person receive, as
106	106	part of the training required to obtain that certificate,
107	107	instruction regarding mental health, substance abuse, and youth
108	108	suicide. The instruction required must:
109	109	(1) be provided through:
110	110	(A) a program selected from the list of
111	111	recommended best practice-based programs and research-based
112	112	practices established under Section 38.351; or
113	113	(B) a course offered by any accredited public or
114	114	private postsecondary educational institution as part of a degree
115	115	program [161.325, Health and Safety Code]; and
116	116	(2) include effective strategies [for teaching and
117	117	intervening with students with mental or emotional disorders],
118	118	including de-escalation techniques and positive behavioral
119	119	interventions and supports, for teaching and intervening with
120	120	students with mental health conditions or who engage in substance
121	121	abuse.
122	122	SECTION 1.04. Sections 21.054(d), (d-2), (e), (e-2), (f),
123	123	and (g), Education Code, are amended to read as follows:
124	124	(d) Continuing education requirements for a classroom
125	125	teacher must provide that at least [not more than] 25 percent of the
126	126	training required every five years include instruction regarding:
127	127	(1) collecting and analyzing information that will
128	128	improve effectiveness in the classroom;
129	129	(2) recognizing early warning indicators that a
130	130	student may be at risk of dropping out of school;
131	131	(3) digital learning, digital teaching, and
132	132	integrating technology into classroom instruction;
133	133	(4) educating diverse student populations, including:
134	134	(A) students who are eligible to participate in
135	135	special education programs under Subchapter A, Chapter 29 [with
136	136	disabilities, including mental health disorders];
137	137	(B) students who are eligible to receive
138	138	educational services required under Section 504, Rehabilitation
139	139	Act of 1973 (29 U.S.C. Section 794);
140	140	(C) students with mental health conditions or who
141	141	engage in substance abuse;
142	142	(D) students who are educationally
143	143	disadvantaged;
144	144	(E) [(C)] students of limited English
145	145	proficiency; and
146	146	(F) [(D)] students at risk of dropping out of
147	147	school; [and]
148	148	(5) understanding appropriate relationships,
149	149	boundaries, and communications between educators and students;
150	150	and[.]
151	151	(6) [(d-2) Continuing education requirements for a
152	152	classroom teacher may include instruction regarding] how mental
153	153	health conditions, including grief and trauma, affect student
154	154	learning and behavior and how evidence-based, grief-informed, and
155	155	trauma-informed strategies support the academic success of
156	156	students affected by grief and trauma.
157	157	(d-2) The instruction required under Subsection (d)(6) must
158	158	be:
159	159	(1) based on relevant best practice-based programs and
160	160	research-based practices; and
161	161	(2) approved by the commissioner, in consultation with
162	162	the Health and Human Services Commission.
163	163	(e) Continuing education requirements for a principal must
164	164	provide that at least [not more than] 25 percent of the training
165	165	required every five years include instruction regarding:
166	166	(1) effective and efficient management, including:
167	167	(A) collecting and analyzing information;
168	168	(B) making decisions and managing time; and
169	169	(C) supervising student discipline and managing
170	170	behavior;
171	171	(2) recognizing early warning indicators that a
172	172	student may be at risk of dropping out of school;
173	173	(3) digital learning, digital teaching, and
174	174	integrating technology into campus curriculum and instruction;
175	175	(4) effective implementation of a comprehensive
176	176	school counseling program under Section 33.005;
177	177	(5) mental health programs addressing a mental health
178	178	condition;
179	179	(6) educating diverse student populations, including:
180	180	(A) students who are eligible to participate in
181	181	special education programs under Subchapter A, Chapter 29 [with
182	182	disabilities, including mental health disorders];
183	183	(B) students with intellectual or developmental
184	184	disabilities;
185	185	(C) students who are eligible to receive
186	186	educational services required under Section 504, Rehabilitation
187	187	Act of 1973 (29 U.S.C. Section 794);
188	188	(D) students with mental health conditions or who
189	189	engage in substance abuse;
190	190	(E) students who are educationally
191	191	disadvantaged;
192	192	(F) [(C)] students of limited English
193	193	proficiency; and
194	194	(G) [(D)] students at risk of dropping out of
195	195	school; [and]
196	196	(7) [(5)] preventing, recognizing, and reporting any
197	197	sexual conduct between an educator and student that is prohibited
198	198	under Section 21.12, Penal Code, or for which reporting is required
199	199	under Section 21.006 of this code; and [.]
200	200	(8) [(e-2) Continuing education requirements for a
201	201	principal may include instruction regarding] how mental health
202	202	conditions, including grief and trauma, affect student learning and
203	203	behavior and how evidence-based, grief-informed, and
204	204	trauma-informed strategies support the academic success of
205	205	students affected by grief and trauma.
206	206	(e-2) The instruction required under Subsection (e)(8) must
207	207	be:
208	208	(1) based on relevant best practice-based programs and
209	209	research-based practices; and
210	210	(2) approved by the commissioner, in consultation with
211	211	the Health and Human Services Commission.
212	212	(f) Continuing education requirements for a counselor must
213	213	provide that at least [not more than] 25 percent of training
214	214	required every five years include instruction regarding:
215	215	(1) assisting students in developing high school
216	216	graduation plans;
217	217	(2) implementing dropout prevention strategies; [and]
218	218	(3) informing students concerning:
219	219	(A) college admissions, including college
220	220	financial aid resources and application procedures; and
221	221	(B) career opportunities;
222	222	(4) counseling students concerning mental health
223	223	conditions and substance abuse, including through the use of
224	224	grief-informed and trauma-informed interventions and crisis
225	225	management and suicide prevention strategies; and
226	226	(5) effective implementation of a comprehensive
227	227	school counseling program under Section 33.005.
228	228	(g) The board shall adopt rules that allow an educator to
229	229	fulfill [up to 12 hours of] continuing education requirements by
230	230	participating in a mental health first aid training program offered
231	231	by a local mental health authority under Section 1001.203, Health
232	232	and Safety Code. The rules adopted under this subsection must allow
233	233	an educator to complete a mental health first aid training program
234	234	described by this subsection and receive credit toward continuing
235	235	education requirements for twice the number of hours of instruction
236	236	provided under that program, not to exceed 16 hours. The program
237	237	must be offered through a classroom instruction format that
238	238	requires in-person attendance. [The number of hours of continuing
239	239	education an educator may fulfill under this subsection may not
240	240	exceed the number of hours the educator actually spends
241	241	participating in a mental health first aid training program.]
242	242	SECTION 1.05. Sections 21.451(d) and (d-1), Education Code,
243	243	are amended to read as follows:
244	244	(d) The staff development:
245	245	(1) may include training in:
246	246	(A) technology;
247	247	(B) positive behavior intervention and support
248	248	[conflict resolution;
249	249	[(C) discipline] strategies, including classroom
250	250	management, district discipline policies, and the student code of
251	251	conduct adopted under [Section 37.001 and] Chapter 37;
252	252	[(D) preventing, identifying, responding to, and
253	253	reporting incidents of bullying;] and
254	254	(C) [(E)] digital learning;
255	255	(2) subject to Subsection (e) and to Section 21.3541
256	256	and rules adopted under that section, must include training that is
257	257	evidence-based, as defined by Section 8101, Every Student Succeeds
258	258	Act (20 U.S.C. Section 7801), and that:
259	259	(A) relates to instruction of students with
260	260	disabilities, including students with disabilities who also have
261	261	other intellectual or mental health conditions; and
262	262	(B) is designed for educators who work primarily
263	263	outside the area of special education; and
264	264	(3) must include [suicide prevention] training on:
265	265	(A) suicide prevention;
266	266	(B) recognizing signs of mental health
267	267	conditions and substance abuse;
268	268	(C) strategies for establishing and maintaining
269	269	positive relationships among students, including conflict
270	270	resolution;
271	271	(D) how grief and trauma affect student learning
272	272	and behavior and how evidence-based, grief-informed, and
273	273	trauma-informed strategies support the academic success of
274	274	students affected by grief and trauma; and
275	275	(E) preventing, identifying, responding to, and
276	276	reporting incidents of bullying.
277	277	(d-1) The training required by Subsection (d)(3) [that]
278	278	must:
279	279	(1) be provided:
280	280	(A) on an annual basis, as part of a new employee
281	281	orientation, to all new school district and open-enrollment charter
282	282	school educators; and
283	283	(B) to existing school district and
284	284	open-enrollment charter school educators on a schedule adopted by
285	285	the agency by rule; and [.]
286	286	(2) [(d-1) The suicide prevention training required
287	287	by Subsection (d)(3) must] use a best practice-based program
288	288	recommended by the Health and Human Services Commission [Department
289	289	of State Health Services] in coordination with the agency under
290	290	Section 38.351 [161.325, Health and Safety Code].
291	291	SECTION 1.06. Section 21.462, Education Code, is amended to
292	292	read as follows:
293	293	Sec. 21.462. RESOURCES REGARDING STUDENTS WITH MENTAL
294	294	HEALTH OR SUBSTANCE ABUSE CONDITIONS [NEEDS]. The agency, in
295	295	coordination with the Health and Human Services Commission, shall
296	296	establish and maintain an Internet website to provide resources for
297	297	school district or open-enrollment charter school employees
298	298	regarding working with students with mental health conditions or
299	299	who engage in substance abuse. The agency must include on the
300	300	Internet website information about:
301	301	(1) grief-informed and trauma-informed practices;
302	302	(2) building skills related to managing emotions,
303	303	establishing and maintaining positive relationships, and
304	304	responsible decision-making;
305	305	(3) positive behavior interventions and supports; and
306	306	(4) a safe and supportive school climate.
307	307	SECTION 1.07. Sections 28.002(a) and (r), Education Code,
308	308	are amended to read as follows:
309	309	(a) Each school district that offers kindergarten through
310	310	grade 12 shall offer, as a required curriculum:
311	311	(1) a foundation curriculum that includes:
312	312	(A) English language arts;
313	313	(B) mathematics;
314	314	(C) science; and
315	315	(D) social studies, consisting of Texas, United
316	316	States, and world history, government, economics, with emphasis on
317	317	the free enterprise system and its benefits, and geography; and
318	318	(2) an enrichment curriculum that includes:
319	319	(A) to the extent possible, languages other than
320	320	English;
321	321	(B) health, with emphasis on:
322	322	(i) physical health, including the
323	323	importance of proper nutrition and exercise; and
324	324	(ii) mental health, including instruction
325	325	about mental health conditions, substance abuse, skills to manage
326	326	emotions, establishing and maintaining positive relationships, and
327	327	responsible decision-making;
328	328	(C) physical education;
329	329	(D) fine arts;
330	330	(E) career and technology education;
331	331	(F) technology applications;
332	332	(G) religious literature, including the Hebrew
333	333	Scriptures (Old Testament) and New Testament, and its impact on
334	334	history and literature; and
335	335	(H) personal financial literacy.
336	336	(r) In adopting the essential knowledge and skills for the
337	337	health curriculum under Subsection (a)(2)(B), the State Board of
338	338	Education shall adopt essential knowledge and skills that address
339	339	the science, risk factors, causes, dangers, [causes,]
340	340	consequences, signs, symptoms, and treatment of substance abuse,
341	341	including the use of illegal drugs, abuse of prescription drugs,
342	342	abuse of alcohol such as by binge drinking or other excessive
343	343	drinking resulting in [and] alcohol poisoning, inhaling solvents,
344	344	and other forms of substance abuse. The agency shall compile a list
345	345	of evidence-based substance abuse [alcohol] awareness programs
346	346	from which a school district shall choose a program to use in the
347	347	district's middle school, junior high school, and high school
348	348	health curriculum. In this subsection, "evidence-based substance
349	349	abuse [alcohol] awareness program" means a program, practice, or
350	350	strategy that has been proven to effectively prevent substance
351	351	abuse [or delay alcohol use] among students, as determined by
352	352	evaluations that are evidence-based [use valid and reliable
353	353	measures and that are published in peer-reviewed journals].
354	354	SECTION 1.08. Sections 28.004(c), (d), and (k), Education
355	355	Code, are amended to read as follows:
356	356	(c) The local school health advisory council's duties
357	357	include recommending:
358	358	(1) the number of hours of instruction to be provided
359	359	in:
360	360	(A) health education in kindergarten through
361	361	grade eight; and
362	362	(B) if the school district requires health
363	363	education for high school graduation, health education, including
364	364	physical health education and mental health education, in grades 9
365	365	through 12;
366	366	(2) policies, procedures, strategies, and curriculum
367	367	appropriate for specific grade levels designed to prevent physical
368	368	health concerns, including obesity, cardiovascular disease, Type 2
369	369	diabetes, and mental health concerns through coordination of:
370	370	(A) health education, which must address
371	371	physical health concerns and mental health concerns to ensure the
372	372	integration of physical health education and mental health
373	373	education;
374	374	(B) physical education and physical activity;
375	375	(C) nutrition services;
376	376	(D) parental involvement;
377	377	(E) instruction on substance abuse prevention
378	378	[to prevent the use of e-cigarettes, as defined by Section 161.081,
379	379	Health and Safety Code, and tobacco];
380	380	(F) school health services, including mental
381	381	health services;
382	382	(G) a comprehensive school counseling program
383	383	under Section 33.005 [and guidance services];
384	384	(H) a safe and healthy school environment; and
385	385	(I) school employee wellness;
386	386	(3) appropriate grade levels and methods of
387	387	instruction for human sexuality instruction;
388	388	(4) strategies for integrating the curriculum
389	389	components specified by Subdivision (2) with the following elements
390	390	in a coordinated school health program for the district:
391	391	(A) school health services, including physical
392	392	health services and mental health services, if provided at a campus
393	393	by the district or by a third party under a contract with the
394	394	district;
395	395	(B) a comprehensive school counseling program
396	396	under Section 33.005 [and guidance services];
397	397	(C) a safe and healthy school environment; and
398	398	(D) school employee wellness; and
399	399	(5) if feasible, joint use agreements or strategies
400	400	for collaboration between the school district and community
401	401	organizations or agencies.
402	402	(d) The board of trustees shall appoint at least five
403	403	members to the local school health advisory council. A majority of
404	404	the members must be persons who are parents of students enrolled in
405	405	the district and who are not employed by the district. One of those
406	406	members shall serve as chair or co-chair of the council. The board
407	407	of trustees also may appoint one or more persons from each of the
408	408	following groups or a representative from a group other than a group
409	409	specified under this subsection:
410	410	(1) classroom [public school] teachers employed by the
411	411	district;
412	412	(2) school counselors certified under Subchapter B,
413	413	Chapter 21, employed by the district;
414	414	(3) [public] school administrators employed by the
415	415	district;
416	416	(4) [(3)] district students;
417	417	(5) [(4)] health care professionals licensed or
418	418	certified to practice in this state, including medical or mental
419	419	health professionals;
420	420	(6) [(5)] the business community;
421	421	(7) [(6)] law enforcement;
422	422	(8) [(7)] senior citizens;
423	423	(9) [(8)] the clergy;
424	424	(10) [(9)] nonprofit health organizations; and
425	425	(11) [(10)] local domestic violence programs.
426	426	(k) A school district shall publish in the student handbook
427	427	and post on the district's Internet website, if the district has an
428	428	Internet website:
429	429	(1) a statement of the policies and procedures adopted
430	430	to promote the physical health and mental health of students, the
431	431	physical health and mental health resources available at each
432	432	campus, contact information for the nearest providers of essential
433	433	public health services under Chapter 121, Health and Safety Code,
434	434	and the contact information for the nearest local mental health
435	435	authority;
436	436	(2) a statement of the policies adopted to ensure that
437	437	elementary school, middle school, and junior high school students
438	438	engage in at least the amount and level of physical activity
439	439	required by Section 28.002(l);
440	440	(3) [(2)] a statement of:
441	441	(A) the number of times during the preceding year
442	442	the district's school health advisory council has met;
443	443	(B) whether the district has adopted and enforces
444	444	policies to ensure that district campuses comply with agency
445	445	vending machine and food service guidelines for restricting student
446	446	access to vending machines; and
447	447	(C) whether the district has adopted and enforces
448	448	policies and procedures that prescribe penalties for the use of
449	449	e-cigarettes, as defined by Section 38.006, and tobacco products by
450	450	students and others on school campuses or at school-sponsored or
451	451	school-related activities; and
452	452	(4) [(3)] a statement providing notice to parents that
453	453	they can request in writing their child's physical fitness
454	454	assessment results at the end of the school year.
455	455	SECTION 1.09. Section 29.012(d), Education Code, is amended
456	456	to read as follows:
457	457	(d) The agency [Texas Education Agency], the Health and
458	458	Human Services Commission, the Texas Workforce Commission, and the
459	459	Department of Family and Protective Services [Texas Department of
460	460	Mental Health and Mental Retardation, the Texas Department of Human
461	461	Services, the Texas Department of Health, the Department of
462	462	Protective and Regulatory Services, the Interagency Council on
463	463	Early Childhood Intervention, the Texas Commission on Alcohol and
464	464	Drug Abuse, and the Texas Juvenile Justice Department] by a
465	465	cooperative effort shall develop and by rule adopt a memorandum of
466	466	understanding. The memorandum must:
467	467	(1) establish the respective responsibilities of
468	468	school districts and of residential facilities for the provision of
469	469	a free, appropriate public education, as required by the
470	470	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
471	471	et seq.) and its subsequent amendments, including each requirement
472	472	for children with disabilities who reside in those facilities;
473	473	(2) coordinate regulatory and planning functions of
474	474	the parties to the memorandum;
475	475	(3) establish criteria for determining when a public
476	476	school will provide educational services;
477	477	(4) provide for appropriate educational space when
478	478	education services will be provided at the residential facility;
479	479	(5) establish measures designed to ensure the safety
480	480	of students and teachers; and
481	481	(6) provide for binding arbitration consistent with
482	482	Chapter 2009, Government Code, and Section 154.027, Civil Practice
483	483	and Remedies Code.
484	484	SECTION 1.10. Section 30.0015(b), Education Code, is
485	485	amended to read as follows:
486	486	(b) The agency by rule shall develop and annually
487	487	disseminate standards for a school district's transfer of an
488	488	assistive technology device to an entity listed in this subsection
489	489	when a student with a disability using the device changes the school
490	490	of attendance in the district or ceases to attend school in the
491	491	district that purchased the device and the student's parents, or
492	492	the student if the student has the legal capacity to enter into a
493	493	contract, agrees to the transfer. The device may be transferred to:
494	494	(1) the school or school district in which the student
495	495	enrolls;
496	496	(2) a state agency, including the Health and Human
497	497	Services [Texas Rehabilitation] Commission and the Texas Workforce
498	498	Commission [Department of Mental Health and Mental Retardation],
499	499	that provides services to the student following the student's
500	500	graduation from high school; or
501	501	(3) the student's parents, or the student if the
502	502	student has the legal capacity to enter into a contract.
503	503	SECTION 1.11. Section 30.002(b), Education Code, is amended
504	504	to read as follows:
505	505	(b) The agency shall:
506	506	(1) develop standards and guidelines for all special
507	507	education services for children with visual impairments that it is
508	508	authorized to provide or support under this code;
509	509	(2) supervise regional education service centers and
510	510	other entities in assisting school districts in serving children
511	511	with visual impairments more effectively;
512	512	(3) develop and administer special education services
513	513	for students with both serious visual and auditory impairments;
514	514	(4) evaluate special education services provided for
515	515	children with visual impairments by school districts and approve or
516	516	disapprove state funding of those services; and
517	517	(5) maintain an effective liaison between special
518	518	education programs provided for children with visual impairments by
519	519	school districts and related initiatives of the Health and Human
520	520	Services Commission [Department of Assistive and Rehabilitative
521	521	Services Division for Blind Services], the Department of State
522	522	Health Services Mental Health and Substance Abuse Division, the
523	523	Texas Workforce Commission [School for the Blind and Visually
524	524	Impaired], and other related programs, agencies, or facilities as
525	525	appropriate.
526	526	SECTION 1.12. Section 33.004(b), Education Code, is amended
527	527	to read as follows:
528	528	(b) Each school, before implementing a comprehensive school
529	529	[and developmental guidance and] counseling program under Section
530	530	33.005, shall annually conduct a preview of the program for parents
531	531	and guardians. All materials, including curriculum to be used
532	532	during the year, must be available for a parent or guardian to
533	533	preview during school hours. Materials or curriculum not included
534	534	in the materials available on the campus for preview may not be
535	535	used.
536	536	SECTION 1.13. Section 33.005, Education Code, is amended to
537	537	read as follows:
538	538	Sec. 33.005. COMPREHENSIVE SCHOOL [DEVELOPMENTAL GUIDANCE
539	539	AND] COUNSELING PROGRAMS. A school counselor shall work with the
540	540	school faculty and staff, students, parents, and the community to
541	541	plan, implement, and evaluate a comprehensive school
542	542	[developmental guidance and] counseling program that conforms to
543	543	the most recent edition of the Texas Model for Comprehensive School
544	544	Counseling Programs developed by the Texas Counseling Association.
545	545	[The school counselor shall design the program to include:
546	546	[(1) a guidance curriculum to help students develop
547	547	their full educational potential, including the student's
548	548	interests and career objectives;
549	549	[(2) a responsive services component to intervene on
550	550	behalf of any student whose immediate personal concerns or problems
551	551	put the student's continued educational, career, personal, or
552	552	social development at risk;
553	553	[(3) an individual planning system to guide a student
554	554	as the student plans, monitors, and manages the student's own
555	555	educational, career, personal, and social development; and
556	556	[(4) system support to support the efforts of
557	557	teachers, staff, parents, and other members of the community in
558	558	promoting the educational, career, personal, and social
559	559	development of students.]
560	560	SECTION 1.14. Subchapter A, Chapter 38, Education Code, is
561	561	amended by adding Section 38.0101 to read as follows:
562	562	Sec. 38.0101. AUTHORITY TO EMPLOY OR CONTRACT WITH
563	563	NONPHYSICIAN MENTAL HEALTH PROFESSIONAL. (a) A school district
564	564	may employ or contract with one or more nonphysician mental health
565	565	professionals.
566	566	(b) In this section, "nonphysician mental health
567	567	professional" means:
568	568	(1) a psychologist licensed to practice in this state
569	569	and designated as a health-service provider;
570	570	(2) a registered nurse with a master's or doctoral
571	571	degree in psychiatric nursing;
572	572	(3) a licensed clinical social worker;
573	573	(4) a professional counselor licensed to practice in
574	574	this state; or
575	575	(5) a marriage and family therapist licensed to
576	576	practice in this state.
577	577	SECTION 1.15. Section 38.013(a), Education Code, is amended
578	578	to read as follows:
579	579	(a) The agency shall make available to each school district
580	580	one or more coordinated health programs [designed to prevent
581	581	obesity, cardiovascular disease, oral diseases, and Type 2
582	582	diabetes] in elementary school, middle school, and junior high
583	583	school [students]. Each program must provide for coordinating
584	584	education and services related to:
585	585	(1) physical health education, including programs
586	586	designed to prevent obesity, cardiovascular disease, oral
587	587	diseases, and Type 2 diabetes and programs designed to promote the
588	588	role of proper nutrition [oral health education];
589	589	(2) mental health education, including education
590	590	about mental health conditions, mental health well-being, skills to
591	591	manage emotions, establishing and maintaining positive
592	592	relationships, and responsible decision-making;
593	593	(3) substance abuse education, including education
594	594	about alcohol abuse, prescription drug abuse, and abuse of other
595	595	controlled substances;
596	596	(4) physical education and physical activity; and
597	597	(5) [(3) nutrition services; and
598	598	[(4)] parental involvement.
599	599	SECTION 1.16. Sections 38.016(a) and (c), Education Code,
600	600	are amended to read as follows:
601	601	(a) In this section:
602	602	(1) "Nonphysician mental health professional" has the
603	603	meaning assigned by Section 38.0101.
604	604	(2) "Parent" includes a guardian or other person
605	605	standing in parental relation.
606	606	(3) [(2)] "Psychotropic drug" means a substance that
607	607	is:
608	608	(A) used in the diagnosis, treatment, or
609	609	prevention of a disease or as a component of a medication; and
610	610	(B) intended to have an altering effect on
611	611	perception, emotion, or behavior.
612	612	(c) Subsection (b) does not:
613	613	(1) prevent an appropriate referral under the child
614	614	find system required under 20 U.S.C. Section 1412, as amended; [or]
615	615	(2) prohibit a school district employee, or an
616	616	employee of an entity with which the district contracts, who is a
617	617	registered nurse, advanced nurse practitioner, physician, or
618	618	nonphysician mental health professional licensed or certified to
619	619	practice in this state [or appropriately credentialed mental health
620	620	professional] from recommending that a child be evaluated by a
621	621	physician or nonphysician mental health professional [an
622	622	appropriate medical practitioner]; or
623	623	(3) prohibit a school employee from discussing any
624	624	aspect of a child's behavior or academic progress with the child's
625	625	parent or another school district employee.
626	626	SECTION 1.17. Section 38.051(b), Education Code, is amended
627	627	to read as follows:
628	628	(b) On the recommendation of an advisory council
629	629	established under Section 38.058 or on the initiative of the board
630	630	of trustees or the governing body of an open-enrollment charter
631	631	school, a school district or open-enrollment charter school may
632	632	establish a school-based health center at one or more campuses [in
633	633	the district] to meet the health care needs of students and their
634	634	families.
635	635	SECTION 1.18. Section 38.054, Education Code, is amended to
636	636	read as follows:
637	637	Sec. 38.054. CATEGORIES OF SERVICES. The permissible
638	638	categories of services are:
639	639	(1) family and home support;
640	640	(2) physical health care, including immunizations;
641	641	(3) dental health care;
642	642	(4) health education; [and]
643	643	(5) preventive health strategies;
644	644	(6) treatment for mental health conditions; and
645	645	(7) treatment for substance abuse.
646	646	SECTION 1.19. Section 38.057(b), Education Code, is amended
647	647	to read as follows:
648	648	(b) If it is determined that a student is in need of a
649	649	referral for physical health services or mental health services,
650	650	the staff of the center shall notify the person whose consent is
651	651	required under Section 38.053 verbally and in writing of the basis
652	652	for the referral. The referral may not be provided unless the
653	653	person provides written consent for the type of service to be
654	654	provided and provides specific written consent for each treatment
655	655	occasion or for a course of treatment that includes multiple
656	656	treatment occasions of the same type of service.
657	657	SECTION 1.20. Section 38.058, Education Code, is amended to
658	658	read as follows:
659	659	Sec. 38.058. HEALTH EDUCATION AND HEALTH CARE ADVISORY
660	660	COUNCIL. (a) The board of trustees of a school district or the
661	661	governing body of an open-enrollment charter school may establish
662	662	and appoint members to a local health education and health care
663	663	advisory council to make recommendations to the district or school
664	664	on the establishment of school-based health centers and to assist
665	665	the district or school in ensuring that local community values are
666	666	reflected in the operation of each center and in the provision of
667	667	health education.
668	668	(b) A majority of the members of the council must be parents
669	669	of students enrolled in the school district or open-enrollment
670	670	charter school. In addition to the appointees who are parents of
671	671	students, the board of trustees or governing body shall also
672	672	appoint at least one person from each of the following groups:
673	673	(1) classroom teachers;
674	674	(2) school administrators;
675	675	(3) school counselors;
676	676	(4) [licensed] health care professionals licensed or
677	677	certified to practice in this state;
678	678	(5) [(4)] the clergy;
679	679	(6) [(5)] law enforcement;
680	680	(7) [(6)] the business community;
681	681	(8) [(7)] senior citizens; and
682	682	(9) [(8)] students.
683	683	SECTION 1.21. Subchapter B, Chapter 38, Education Code, is
684	684	amended by adding Section 38.0591 to read as follows:
685	685	Sec. 38.0591. ACCESS TO MENTAL HEALTH SERVICES. The
686	686	agency, in cooperation with the Health and Human Services
687	687	Commission, shall develop guidelines for school districts
688	688	regarding:
689	689	(1) partnering with a local mental health authority
690	690	and with community or other private mental health services
691	691	providers and substance abuse services providers to increase
692	692	student access to school-based mental health services; and
693	693	(2) obtaining school-based mental health services
694	694	through the medical assistance program under Chapter 32, Human
695	695	Resources Code.
696	696	SECTION 1.22. Section 38.060(c), Education Code, is amended
697	697	to read as follows:
698	698	(c) The school district or open-enrollment charter school
699	699	[council] shall keep a record of efforts made to coordinate with
700	700	existing providers.
701	701	SECTION 1.23. Subchapter O-1, Chapter 161, Health and
702	702	Safety Code, as amended by Chapter 522 (S.B. 179) and Chapter 714
703	703	(H.B. 4056), Acts of the 85th Legislature, Regular Session, 2017,
704	704	is transferred to Chapter 38, Education Code, redesignated as
705	705	Subchapter G, Chapter 38, Education Code, reenacted, and amended to
706	706	read as follows:
707	707	SUBCHAPTER G [O-1]. MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH
708	708	SUICIDE
709	709	Sec. 38.351 [161.325]. MENTAL HEALTH PROMOTION AND
710	710	INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND
711	711	SUICIDE PREVENTION. (a) The agency [department], in coordination
712	712	with the Health and Human Services Commission [Texas Education
713	713	Agency] and regional education service centers, shall provide and
714	714	annually update a list of recommended best practice-based programs
715	715	and research-based practices in the areas specified under
716	716	Subsection (c) [(a-1)] for implementation in public elementary,
717	717	junior high, middle, and high schools within the general education
718	718	setting.
719	719	(b) Each school district may select from the list provided
720	720	under Subsection (a) a program or programs appropriate for
721	721	implementation in the district.
722	722	(c) [(a-1)] The list provided under Subsection (a) must
723	723	include programs and practices in the following areas:
724	724	(1) early mental health intervention;
725	725	(2) building skills related to managing emotions,
726	726	establishing and maintaining positive relationships, and
727	727	responsible decision-making;
728	728	[(2) mental health promotion;]
729	729	(3) substance abuse prevention and intervention;
730	730	(4) [substance abuse intervention;
731	731	[(5)] suicide prevention;
732	732	(5) [(6) trauma-informed practices;
733	733	[(6)] grief-informed and trauma-informed practices;
734	734	(6) [(7) building skills related to managing
735	735	emotions, establishing and maintaining positive relationships, and
736	736	responsible decision-making;
737	737	[(7)] positive school climates; [and]
738	738	(7) [(8)] positive behavior interventions and
739	739	supports;
740	740	(8) [positive behavior interventions and supports
741	741	and] positive youth development; and
742	742	(9) safe and supportive school climate.
743	743	(d) [(a-2) The department, the Texas Education Agency, and
744	744	each regional education service center shall make the list easily
745	745	accessible on their websites.
746	746	[(a-3)] For purposes of Subsection (c) [(a-1)], "school
747	747	climate" means the quality and character of school life, including
748	748	interpersonal relationships, teaching and learning practices, and
749	749	organizational structures, as experienced by students enrolled in
750	750	the school district, parents of those students, and personnel
751	751	employed by the district.
752	752	(e) [(b)] The suicide prevention programs on the list
753	753	provided under Subsection (a) must include components that provide
754	754	for training school counselors, teachers, nurses, administrators,
755	755	and other staff, as well as law enforcement officers and social
756	756	workers who regularly interact with students, to:
757	757	(1) recognize students at risk of attempting
758	758	[committing] suicide, including students who are or may be the
759	759	victims of or who engage in bullying;
760	760	(2) recognize students displaying early warning signs
761	761	and a possible need for early mental health or substance abuse
762	762	intervention, which warning signs may include declining academic
763	763	performance, depression, anxiety, isolation, unexplained changes
764	764	in sleep or eating habits, and destructive behavior toward self and
765	765	others; and
766	766	(3) intervene effectively with students described by
767	767	Subdivision (1) or (2) by providing notice and referral to a parent
768	768	or guardian so appropriate action, such as seeking mental health or
769	769	substance abuse services, may be taken by a parent or guardian.
770	770	(f) [(c)] In developing the list of best practice-based
771	771	programs and research-based practices, the agency [department] and
772	772	the Health and Human Services Commission [Texas Education Agency]
773	773	shall consider:
774	774	(1) any existing suicide prevention method developed
775	775	by a school district; and
776	776	(2) any Internet or online course or program developed
777	777	in this state or another state that is based on best practices
778	778	recognized by the Substance Abuse and Mental Health Services
779	779	Administration or the Suicide Prevention Resource Center.
780	780	(g) [(c-1)] Except as otherwise provided by this
781	781	subsection, each school district shall provide training described
782	782	in the components set forth under Subsection (e) [(b)] for
783	783	teachers, school counselors, principals, and all other appropriate
784	784	personnel. A school district is required to provide the training at
785	785	an elementary school campus only to the extent that sufficient
786	786	funding and programs are available. A school district may
787	787	implement a program on the list to satisfy the requirements of this
788	788	subsection.
789	789	(h) [(c-2)] If a school district provides the training
790	790	under Subsection (g) [(c-1)]:
791	791	(1) a school district employee described under that
792	792	subsection must participate in the training at least one time; and
793	793	(2) the school district shall maintain records that
794	794	include the name of each district employee who participated in the
795	795	training.
796	796	(i) [(d)] A school district shall [may] develop practices
797	797	and procedures concerning each area listed in Subsection (c)
798	798	[(a-1)], including mental health promotion and intervention,
799	799	substance abuse prevention and intervention, and suicide
800	800	prevention, that:
801	801	(1) include a procedure for providing notice of a
802	802	recommendation for early mental health or substance abuse
803	803	intervention regarding a student to a parent or guardian of the
804	804	student within a reasonable amount of time after the identification
805	805	of early warning signs as described by Subsection (e)(2) [(b)(2)];
806	806	(2) include a procedure for providing notice of a
807	807	student identified as at risk of attempting [committing] suicide to
808	808	a parent or guardian of the student within a reasonable amount of
809	809	time after the identification of early warning signs as described
810	810	by Subsection (e)(2) [(b)(2)];
811	811	(3) establish that the district may develop a
812	812	reporting mechanism and may designate at least one person to act as
813	813	a liaison officer in the district for the purposes of identifying
814	814	students in need of early mental health or substance abuse
815	815	intervention or suicide prevention; and
816	816	(4) set out available counseling alternatives for a
817	817	parent or guardian to consider when their child is identified as
818	818	possibly being in need of early mental health or substance abuse
819	819	intervention or suicide prevention.
820	820	(j) [(e)] The practices and procedures developed under
821	821	Subsection (i):
822	822	(1) may address multiple areas listed in Subsection
823	823	(c) together; and
824	824	(2) [(d)] must prohibit the use without the prior
825	825	consent of a student's parent or guardian of a medical screening of
826	826	the student as part of the process of identifying whether the
827	827	student is possibly in need of early mental health or substance
828	828	abuse intervention or suicide prevention.
829	829	(k) [(f)] The practices and procedures developed under
830	830	Subsection (i) [(d)] must be included in:
831	831	(1) the annual student handbook; and
832	832	(2) the district improvement plan under Section
833	833	11.252[, Education Code].
834	834	(l) The agency shall develop and make available to school
835	835	districts guiding principles on the coordination of programs and
836	836	practices in areas listed under Subsection (c).
837	837	(m) [(g)] The agency, the Health and Human Services
838	838	Commission, and each regional education service center:
839	839	(1) [department] may accept donations for purposes of
840	840	this section from sources without a conflict of interest; and
841	841	(2) [. The department] may not accept donations for
842	842	purposes of this section from an anonymous source.
843	843	(n) [(i)] Nothing in this section is intended to interfere
844	844	with the rights of parents or guardians and the decision-making
845	845	regarding the best interest of the child. Practices and procedures
846	846	developed in accordance with this section are intended to notify a
847	847	parent or guardian of a need for mental health or substance abuse
848	848	intervention so that a parent or guardian may take appropriate
849	849	action. Nothing in this section shall be construed as giving school
850	850	districts the authority to prescribe medications. Any and all
851	851	medical decisions are to be made by a parent or guardian of a
852	852	student.
853	853	Sec. 38.352 [161.326]. IMMUNITY. This subchapter does not:
854	854	(1) waive any immunity from liability of a school
855	855	district or of district school officers or employees;
856	856	(2) create any liability for a cause of action against
857	857	a school district or against district school officers or employees;
858	858	or
859	859	(3) waive any immunity from liability under Section
860	860	74.151, Civil Practice and Remedies Code.
861	861	ARTICLE 2. MENTAL HEALTH FIRST AID PROGRAM TRAINING AND REPORTING
862	862	SECTION 2.01. Section 1001.205, Health and Safety Code, is
863	863	amended to read as follows:
864	864	Sec. 1001.205. REPORTS. (a) Not later than September 30 of
865	865	each year, a local mental health authority shall provide to the
866	866	department the number of:
867	867	(1) employees and contractors of the authority who
868	868	were trained as mental health first aid trainers under Section
869	869	1001.202 during the preceding fiscal year, the number of trainers
870	870	who left the program for any reason during the preceding fiscal
871	871	year, and the number of active trainers;
872	872	(2) university employees, school district employees,
873	873	and school resource officers who completed a mental health first
874	874	aid training program offered by the authority under Section
875	875	1001.203 during the preceding fiscal year categorized by local
876	876	mental health authority region, university or school district, as
877	877	applicable, and category of personnel; and
878	878	(3) individuals who are not university employees,
879	879	school district employees, or school resource officers who
880	880	completed a mental health first aid training program offered by the
881	881	authority during the preceding fiscal year.
882	882	(b) Not later than December 1 of each year, the department
883	883	shall compile the information submitted by local mental health
884	884	authorities as required by Subsection (a) and submit a report to the
885	885	legislature containing [the number of]:
886	886	(1) the number of authority employees and contractors
887	887	trained as mental health first aid trainers during the preceding
888	888	fiscal year, the number of trainers who left the program for any
889	889	reason during the preceding fiscal year, and the number of active
890	890	trainers;
891	891	(2) the number of university employees, school
892	892	district employees, and school resource officers who completed a
893	893	mental health first aid training program provided by an authority
894	894	during the preceding fiscal year categorized by local mental health
895	895	authority region, university or school district, as applicable, and
896	896	category of personnel; [and]
897	897	(3) the number of individuals who are not university
898	898	employees, school district employees, or school resource officers
899	899	who completed a mental health first aid training program provided
900	900	by an authority during the preceding fiscal year; and
901	901	(4) a detailed accounting of expenditures of money
902	902	appropriated for the purpose of implementing this subchapter.
903	903	SECTION 2.02. Subchapter H, Chapter 1001, Health and Safety
904	904	Code, is amended by adding Section 1001.207 to read as follows:
905	905	Sec. 1001.207. PROGRAM PROMOTION. (a) The commission shall
906	906	make available on its official Internet website information about
907	907	the mental health first aid training program for the purpose of
908	908	promoting public awareness of the program. An electronic link to an
909	909	outside source of information is not sufficient.
910	910	(b) The Texas Education Agency shall make available on its
911	911	official Internet website information about the mental health first
912	912	aid training program for the purpose of promoting public awareness
913	913	of the program. An electronic link to an outside source of
914	914	information is not sufficient.
915	915	ARTICLE 3. CONFORMING AMENDMENTS
916	916	SECTION 3.01. Section 74.151(e), Civil Practice and
917	917	Remedies Code, is amended to read as follows:
918	918	(e) Except as provided by this subsection, this section does
919	919	not apply to a person whose negligent act or omission was a
920	920	producing cause of the emergency for which care is being
921	921	administered. This subsection does not apply to liability of a
922	922	school district or district school officer or employee arising from
923	923	an act or omission under a program or practice [policy] or procedure
924	924	developed [adopted] under Subchapter G, Chapter 38, Education [O-1,
925	925	Chapter 161, Health and Safety] Code, other than liability arising
926	926	from wilful or intentional misconduct.
927	927	SECTION 3.02. Section 38.0141(a), Education Code, is
928	928	amended to read as follows:
929	929	(a) Each school district shall provide to the agency
930	930	information as required by the commissioner, including statistics
931	931	and data, relating to student health and physical activity and
932	932	information described by Sections 28.004(k)(2), (3), and (4)
933	933	[Section 28.004(k),] presented in a form determined by the
934	934	commissioner. The district shall provide the information required
935	935	by this subsection for the district and for each campus in the
936	936	district.
937	937	ARTICLE 4. REPEALER; TRANSITION; EFFECTIVE DATE
938	938	SECTION 4.01. The following provisions of the Education
939	939	Code are repealed:
940	940	(1) Section 21.463; and
941	941	(2) Section 28.002(w).
942	942	SECTION 4.02. (a) Not later than May 1, 2020:
943	943	(1) the State Board for Educator Certification shall
944	944	propose rules under Section 21.054, Education Code, to comply with
945	945	the changes in law made to that section by this Act; and
946	946	(2) the Texas Education Agency, in cooperation with
947	947	the Health and Human Services Commission, shall develop the
948	948	guidelines required by Section 38.0591, Education Code, as added by
949	949	this Act.
950	950	(b) Not later than August 1, 2020, the Texas Education
951	951	Agency, in coordination with the Health and Human Services
952	952	Commission and regional education service centers, shall provide a
953	953	list of recommended best practice-based programs as required by
954	954	Section 38.351, Education Code, as transferred, redesignated,
955	955	reenacted, and amended by this Act.
956	956	SECTION 4.03. Any change in law made by this Act that
957	957	imposes a new duty or requirement on a school district or an
958	958	open-enrollment charter school applies beginning with the
959	959	2020-2021 school year.
960	960	SECTION 4.04. (a) Section 1001.205(a), Health and Safety
961	961	Code, as amended by this Act, applies only to a report due under
962	962	that subsection after December 31, 2019. A report due under that
963	963	subsection before that date is governed by the law in effect
964	964	immediately before the effective date of this Act, and that law is
965	965	continued in effect for that purpose.
966	966	(b) Section 1001.205(b), Health and Safety Code, as amended
967	967	by this Act, applies only to a report due under that subsection
968	968	after March 1, 2020. A report due under that subsection before that
969	969	date is governed by the law in effect immediately before the
970	970	effective date of this Act, and that law is continued in effect for
971	971	that purpose.
972	972	SECTION 4.05. Not later than March 1, 2020, the Health and
973	973	Human Services Commission and the Texas Education Agency shall
974	974	update their Internet websites to include the information required
975	975	by Section 1001.207, Health and Safety Code, as added by this Act.
976	976	SECTION 4.06. This Act takes effect December 1, 2019.