H.B. No. 2287
AN ACT
relating to data collection and receipt of certain reports by and
consultation with the Collaborative Task Force on Public School
Mental Health Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8.158, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) Not later than January 31 of each calendar year, the
Health and Human Services Commission shall submit the report
prepared under Subsection (b) to the Collaborative Task Force on
Public School Mental Health Services established under Section
38.302. This subsection expires December 1, 2025.
SECTION 2. Section 38.252, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) Not later than March 1 of each even-numbered year,
each regional education service center shall provide to the
Collaborative Task Force on Public School Mental Health Services
established under Section 38.302 an electronic copy of the report
submitted to the agency under Subsection (c)(2). This subsection
expires December 1, 2025.
SECTION 3. Section 38.253, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) The agency shall provide an electronic copy of the list
developed under Subsection (a) to the Collaborative Task Force on
Public School Mental Health Services established under Section
38.302 as soon as practicable after the list is developed or
revised. This subsection expires December 1, 2025.
SECTION 4. Subchapter F, Chapter 38, Education Code, as
added by Chapter 1278 (H.B. 906), Acts of the 86th Legislature,
Regular Session, 2019, is amended by adding Section 38.3071 to read
as follows:
Sec. 38.3071. REQUEST FOR AND DISCLOSURE OF INFORMATION.
(a) To assist the task force in performing duties under this
subchapter, the task force, or the agency on behalf of the task
force, may request data from or consult with the following
entities:
(1) school districts;
(2) open-enrollment charter schools;
(3) regional education service centers;
(4) local mental health authorities; and
(5) other entities that possess information relevant
to the task force's duties under Section 38.308.
(b) In requesting data or consulting with entities under
Subsection (a), the task force and agency:
(1) may not disclose a student's medical or
educational information; and
(2) must ensure any request or consultation complies
with privacy and confidentiality of student information as required
by Section 38.309.
(c) Not later than the 60th business day after the date on
which an entity receives a request for data from the task force or
agency under Subsection (a), the entity shall provide the requested
data to the task force or agency. An entity that provides data under
this subsection:
(1) may not include personally identifying
information of an individual receiving a mental health service,
including the individual's name or birthday; and
(2) may provide the data without seeking the prior
authorization of an individual included in the data or of the
individual's parent or guardian, if the individual is a minor.
(d) A person that discloses data to the task force or agency
in accordance with this section is immune from civil or criminal
liability for, and may not be subject to an administrative penalty
in connection with, that disclosure.
SECTION 5. Section 38.308, Education Code, is amended to
read as follows:
Sec. 38.308. DUTIES OF TASK FORCE. (a) The task force
shall:
(1) gather data on:
(A) the number of students enrolled in each
school district and open-enrollment charter school;
(B) the number of individuals to whom each school
district or open-enrollment charter school provides the mental
health services described by Section 38.302(1);
(C) the number of individuals for whom each
school district or open-enrollment charter school has the resources
to provide the mental health services described by Section
38.302(1);
(D) the number of individuals described by
Paragraph (B) who are referred to an inpatient or outpatient mental
health provider;
(E) the number of individuals who are transported
from each school district or open-enrollment charter school for an
emergency detention under Chapter 573, Health and Safety Code;
[and]
(F) the race, ethnicity, gender, special
education status, educationally disadvantaged status, and
geographic location of:
(i) individuals who are provided the mental
health services described by Section 38.302(1);
(ii) individuals who are described by
Paragraph (D); [and]
(iii) individuals who are described by
Paragraph (E);
(iv) individuals who are described by
Paragraph (H); and
(v) individuals who are described by
Paragraph (I);
(G) mental health services and trainings
provided by:
(i) school districts, at both the campus
and district level; and
(ii) open-enrollment charter schools;
(H) the number of individuals who were placed in
a disciplinary alternative education program or out-of-school
suspension or expelled;
(I) the number of threat assessments conducted
under Section 37.115; and
(J) the number of reports made from each school
district or open-enrollment charter school by an employee of the
district or school or by a school resource officer, to the
Department of Family and Protective Services regarding an alleged
incident of abuse or neglect; and
(2) study, evaluate, and make recommendations
regarding the mental health services described by Section
38.302(1), the training described by Section 38.302(2), and the
impact of those mental health services, as described by Section
38.302(3), including addressing:
(A) the outcomes and the effectiveness of the
services and training provided, including the outcomes and
effectiveness of the service and training providers and the
programs under which services and training are provided, in:
(i) improving student academic achievement
and attendance;
(ii) reducing student disciplinary
proceedings, suspensions, placements in a disciplinary alternative
education program, and expulsions; and
(iii) delivering prevention and
intervention services to promote early mental health skills,
including:
(a) building skills relating to
managing emotions, establishing and maintaining positive
relationships, and making responsible decisions;
(b) preventing substance abuse;
(c) preventing suicides;
(d) adhering to the purpose of the
relevant program services or training;
(e) promoting trauma-informed
practices;
(f) promoting a positive school
climate, as defined by Section 38.351(d), [161.325(a-3), Health and
Safety Code,] in the district or school; and
(g) improving physical and emotional
safety and well-being in the district or school and reducing
violence in the district or school;
(B) best practices for districts and schools in
implementing the services or training;
(C) disparities in the race, ethnicity, gender,
special education status, and geographic location of individuals
receiving the services; and
(D) best practices to replicate the services or
training for all districts and schools.
(b) The task force may consult with relevant experts and
stakeholders, including:
(1) classroom teachers;
(2) school counselors;
(3) school resource officers;
(4) school administrators;
(5) school nurses;
(6) licensed specialists in school psychology;
(7) licensed professional counselors;
(8) licensed clinical social workers; and
(9) non-physician mental health professionals.
(c) In consulting with relevant experts and stakeholders
under Subsection (b), the task force may not disclose a student's
medical or educational information.
(d) The task force may enter into agreements with
institutions of higher education or other relevant entities as
needed to execute the duties of the task force.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2287 was passed by the House on May 6,
2021, by the following vote: Yeas 98, Nays 47, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2287 on May 28, 2021, by the following vote: Yeas 95, Nays 51,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2287 was passed by the Senate, with
amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor