By: Thompson of Harris, Hunter, Dutton, H.B. No. 2954
Coleman, Allen, et al.
A BILL TO BE ENTITLED
AN ACT
relating to a suicide prevention, intervention, and postvention
program for certain public elementary schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 38, Education Code, is
amended by adding Section 38.3515 to read as follows:
Sec. 38.3515. SUICIDE PREVENTION, INTERVENTION, AND
POSTVENTION PROGRAM. (a) In this section:
(1) "Licensed mental health professional" includes:
(A) a psychologist licensed to practice in this
state and designated as a health-service provider;
(B) a registered nurse with a master's or
doctoral degree in psychiatric nursing;
(C) an advanced practice registered nurse, as
defined by Section 301.152, Occupations Code, who holds a
nationally recognized board certification in psychiatric or mental
health nursing;
(D) a licensed clinical social worker, as defined
by Section 505.002, Occupations Code;
(E) a licensed professional counselor, as
defined by Section 503.002, Occupations Code;
(F) a licensed marriage and family therapist, as
defined by Section 502.002, Occupations Code;
(G) a licensed specialist in school psychology,
as defined by Section 501.002, Occupations Code; and
(H) a school counselor certified under
Subchapter B, Chapter 21.
(2) "Postvention" includes activities that promote
healing necessary to reduce the risk of suicide by a person affected
by the suicide of another.
(b) To the extent funds are appropriated to the agency for
that purpose, the agency, in coordination with the Health and Human
Services Commission, shall establish a suicide prevention,
intervention, and postvention program for optional implementation
at an elementary school campus of a school district or
open-enrollment charter school described by Subsection (c).
(c) A school district or open-enrollment charter school is
eligible to participate in the program established under this
section if the district or school or a campus of the district or
school has:
(1) experienced suicide loss among elementary school
students enrolled in the district or school in the 2016-2017 school
year or a subsequent school year; or
(2) a reasonable concern regarding the risk of suicide
among elementary school students enrolled in the district or school
based on:
(A) students' exposure to traumatic events or
experiences, including the loss of an educator or another student
in the district; or
(B) increased rates of traumatic stress
symptoms, including self-harm or incidents of bullying on a
district or school campus.
(d) The agency may prioritize for funding purposes school
districts or open-enrollment charter schools described by
Subsection (c)(1). A school district or open-enrollment charter
school that implements the program may prioritize campuses within
the district or school to participate in the program based on the
direct impact of student suicides on the campuses.
(e) For each elementary school campus at which the program
is implemented, the school district or open-enrollment charter
school shall:
(1) conduct a needs-based assessment to identify
individual needs of each campus in the program;
(2) coordinate with the Health and Human Services
Commission and a district or school that has implemented a
comprehensive Suicide Safer Early Intervention and Prevention
system, a program through Project AWARE (Advancing Wellness and
Resiliency in Education), or another similar primary prevention,
intervention, and postvention program to provide school-based
suicide prevention best practices for each campus in the program;
(3) provide recommendations for research-based best
practices for suicide prevention, intervention, and postvention
policies;
(4) ensure that informational materials distributed
by the district or school are age-appropriate and evidence-based;
and
(5) provide suicide prevention, intervention, and
postvention support to each campus in the program, including by:
(A) identifying the individual needs of the
campus through the assessment conducted under Subdivision (1); and
(B) implementing research-based best practices
for suicide prevention, intervention, and postvention by working
with licensed mental health professionals, teachers, nurses,
administrators, and other staff, as well as law enforcement
officers and social workers who regularly interact with students,
to prevent suicide among students enrolled at the campus.
(f) Each school district or open-enrollment charter school
that implements the program under this section shall provide
written notice to a parent or guardian of each student enrolled at a
campus in the program. The required written notice must include:
(1) current statewide information on suicide rates;
(2) evidence-based informational materials
identifying strategies to recognize the signs and symptoms of
possible suicidal ideation that are age-appropriate for children
who are four years of age or older;
(3) information about suicide prevention strategies
involving reducing access to lethal means of suicide for a student
at risk of suicide;
(4) a list of available school and community resources
to support students or community members who may be at risk for
suicide; and
(5) a statement of the right of the student's parent or
guardian to decline the student's participation in the program.
(g) In addition to the practices and procedures developed by
a school district or open-enrollment charter school under Section
38.351(i), a district or school that implements the program shall
develop practices and procedures concerning suicide prevention,
intervention, and postvention that:
(1) include a procedure for providing notice to a
parent or guardian of a student regarding a recommendation for
early mental health intervention for the student within a
reasonable amount of time after the identification of early warning
signs of risk for suicide, including:
(A) declining academic performance;
(B) depression;
(C) anxiety;
(D) isolation;
(E) unexplained changes in sleep or eating
habits; and
(F) destructive behavior toward self and others;
(2) include a procedure for providing notice of a
student identified as at risk of attempting suicide, including a
student who is or may be the victim of or who engages in bullying, to
a parent or guardian of the student within a reasonable amount of
time after the identification of early warning signs, including the
signs listed in Subdivision (1);
(3) designate at least one person to act as a liaison
officer in the district or school for the purposes of identifying
students in need of suicide prevention, intervention, and
postvention;
(4) provide information concerning available
counseling alternatives to parents and guardians of district or
school students to consider when a student is identified as
possibly in need of suicide prevention, intervention, and
postvention; and
(5) include procedures to support the return of a
student to regular school attendance following hospitalization or
residential treatment for a mental health condition or substance
abuse.
(h) The practices and procedures developed under Subsection
(g) must be included in:
(1) the annual student handbook; and
(2) the district improvement plan under Section
11.252.
(i) Any school district or open-enrollment charter school
that implements the program may:
(1) contract with a regional education service center
for services; and
(2) request the assistance of public and private
community-based mental health resources.
(j) The agency:
(1) may accept donations for purposes of this section
from sources without a conflict of interest; and
(2) may not accept donations for purposes of this
section from an anonymous source.
(k) Nothing in this section is intended to interfere with
the rights of parents or guardians and the decision-making
regarding the best interest of the child. Practices and procedures
developed in accordance with this section are intended to notify a
parent or guardian of a need for suicide prevention, intervention,
or postvention so that a parent or guardian may take appropriate
action.
(l) Nothing in this section authorizes a school district or
open-enrollment charter school employee to recommend prescription
medication for a student or to interfere with medical decisions to
be made by the student's parent or guardian.
(m) The commissioner shall adopt rules to administer this
section.
(n) This section expires September 1, 2025.
SECTION 2. This Act applies beginning with the 2021-2022
school year.
SECTION 3. The Texas Education Agency is required to
implement a provision of this Act only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the Texas Education Agency may, but is not required to,
implement a provision of this Act using other appropriations
available for that purpose.
SECTION 4. 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, 2021.