TX
Texas House Bill HB2954

Texas 2021 - 87th Regular

Texas House Bill HB2954 Compare Versions

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1-By: Thompson of Harris, et al. H.B. No. 2954
2- (Senate Sponsor - Powell)
3- (In the Senate - Received from the House May 10, 2021;
4- May 11, 2021, read first time and referred to Committee on
5- Education; May 25, 2021, reported adversely, with favorable
6- Committee Substitute by the following vote: Yeas 8, Nays 3;
7- May 25, 2021, sent to printer.)
8-Click here to see the committee vote
9- COMMITTEE SUBSTITUTE FOR H.B. No. 2954 By: Powell
1+By: Thompson of Harris, Hunter, Dutton, H.B. No. 2954
2+ Coleman, Allen, et al.
103
114
125 A BILL TO BE ENTITLED
136 AN ACT
147 relating to a suicide prevention, intervention, and postvention
15- grant program for certain public elementary schools.
8+ program for certain public elementary schools.
169 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1710 SECTION 1. Subchapter G, Chapter 38, Education Code, is
1811 amended by adding Section 38.3515 to read as follows:
19- Sec. 38.3515. ELEMENTARY SCHOOL SUICIDE PREVENTION,
20- INTERVENTION, AND POSTVENTION GRANT PROGRAM. (a) In this section:
21- (1) "Commission" means the Health and Human Services
22- Commission.
23- (2) "Licensed mental health professional" includes:
12+ Sec. 38.3515. SUICIDE PREVENTION, INTERVENTION, AND
13+ POSTVENTION PROGRAM. (a) In this section:
14+ (1) "Licensed mental health professional" includes:
2415 (A) a psychologist licensed to practice in this
2516 state and designated as a health-service provider;
2617 (B) a registered nurse with a master's or
2718 doctoral degree in psychiatric nursing;
2819 (C) an advanced practice registered nurse, as
2920 defined by Section 301.152, Occupations Code, who holds a
3021 nationally recognized board certification in psychiatric or mental
3122 health nursing;
3223 (D) a licensed clinical social worker, as defined
3324 by Section 505.002, Occupations Code;
3425 (E) a licensed professional counselor, as
3526 defined by Section 503.002, Occupations Code;
3627 (F) a licensed marriage and family therapist, as
3728 defined by Section 502.002, Occupations Code;
3829 (G) a licensed specialist in school psychology,
3930 as defined by Section 501.002, Occupations Code; and
4031 (H) a school counselor certified under
4132 Subchapter B, Chapter 21.
42- (3) "Parent" means any person who is the natural or
43- adoptive parent, managing or possessory conservator, legal
44- guardian, custodian, or other person with legal authority to act on
45- behalf of a child.
46- (4) "Postvention" includes activities that promote
33+ (2) "Postvention" includes activities that promote
4734 healing necessary to reduce the risk of suicide by a person affected
4835 by the suicide of another.
49- (b) The agency, in coordination with the commission, shall
50- assist school districts and open-enrollment charter schools with
51- identifying evidence-based and developmentally appropriate
52- strategies and best practices in elementary schools that:
53- (1) increase protective factors and reduce risk
54- factors associated with social, emotional, and behavioral health
55- concerns and current and future suicidal ideations and behaviors;
56- (2) identify risk factors for emergent or future
57- suicide risk, as determined using factors identified by the
58- commission;
59- (3) address each area listed in Section 38.351(c); and
60- (4) include practices and procedures described by
61- Section 38.351(i) for suicide prevention, intervention, and
62- postvention.
63- (c) To the extent funds are appropriated to the agency for
64- that purpose, the agency shall establish a grant program under
65- which funds are awarded to school districts and open-enrollment
66- charter schools to develop and implement age-appropriate,
67- evidence-based strategies described by Subsection (i).
68- (d) A school district or open-enrollment charter school is
69- eligible to participate in the grant program established under this
36+ (b) To the extent funds are appropriated to the agency for
37+ that purpose, the agency, in coordination with the Health and Human
38+ Services Commission, shall establish a suicide prevention,
39+ intervention, and postvention program for optional implementation
40+ at an elementary school campus of a school district or
41+ open-enrollment charter school described by Subsection (c).
42+ (c) A school district or open-enrollment charter school is
43+ eligible to participate in the program established under this
7044 section if the district or school or a campus of the district or
71- school has experienced suicide loss or a non-fatal suicide attempt
45+ school has:
46+ (1) experienced suicide loss among elementary school
47+ students enrolled in the district or school in the 2016-2017 school
48+ year or a subsequent school year; or
49+ (2) a reasonable concern regarding the risk of suicide
7250 among elementary school students enrolled in the district or school
73- in the 2016-2017 school year or a subsequent school year.
74- (e) Before an eligible school district or open-enrollment
75- charter school may seek funds under the grant program, the
76- superintendent or chief executive officer of the district or school
77- shall provide, if applicable, notice to the parent of each student
78- enrolled in the district or school that an elementary school
79- student enrolled in the district or school has died. The notice:
80- (1) may not include the student's name or information
81- about the student's cause of death without express consent from the
82- student's parent; and
83- (2) must include information regarding school and
84- community resources to support students or community members who
85- may experience grief or trauma.
86- (f) Before an eligible school district or open-enrollment
87- charter school may seek funds under the grant program, the board of
88- trustees of the school district or governing body of the
89- open-enrollment charter school shall:
90- (1) hold a closed meeting to review eligibility
91- requirements under Subsection (d) and determine whether a campus is
92- eligible for the grant program;
93- (2) ensure any report, information, or record the
94- board or governing body receives under Subdivision (1) is:
95- (A) confidential; and
96- (B) not subject to disclosure under Chapter 552,
97- Government Code;
98- (3) post a notice of intent to seek funds through the
99- grant program on the district's or school's Internet website prior
100- to the public hearing under Subdivision (4) and provide a
101- reasonable time period for public comment; and
102- (4) conduct a public hearing to:
103- (A) notify the public of intent to seek funds
104- through the grant program;
105- (B) solicit public comment on the proposal; and
106- (C) approve by a record vote the decision of the
107- district or school to seek funds under the grant program.
108- (g) In awarding grants under this section, the agency may
109- prioritize for funding purposes school districts or
110- open-enrollment charter schools that:
111- (1) serve students residing in rural areas; or
112- (2) serve students in high needs districts.
113- (h) A school district or open-enrollment charter school
114- that is awarded funds through the grant program shall prioritize
115- campuses within the district or school based on the direct impact of
116- student suicides on the campuses.
117- (i) For each elementary school campus at which the school
118- district or open-enrollment charter school implements the grant
119- program, the district or school shall use funds awarded under the
120- program to support age-appropriate, evidence-based strategies in
121- elementary schools identified in Subsection (b) that:
122- (1) reduce current and future risk in students for
123- engaging in:
124- (A) suicidal ideations and behaviors; and
125- (B) behavior that poses a risk of harm to self or
126- others, including bullying and substance misuse;
127- (2) support early mental health intervention for
128- students with early warning signs of risk for suicide;
129- (3) foster resilience in students; and
130- (4) support the development of coping skills and
131- protective behavior in students to help them react positively to
132- changes and obstacles in life, including skills related to
133- responsible decision-making, managing emotions, and establishing
134- and maintaining positive relationships.
135- (j) A school district or open-enrollment charter school
136- awarded a grant under this section may:
51+ based on:
52+ (A) students' exposure to traumatic events or
53+ experiences, including the loss of an educator or another student
54+ in the district; or
55+ (B) increased rates of traumatic stress
56+ symptoms, including self-harm or incidents of bullying on a
57+ district or school campus.
58+ (d) The agency may prioritize for funding purposes school
59+ districts or open-enrollment charter schools described by
60+ Subsection (c)(1). A school district or open-enrollment charter
61+ school that implements the program may prioritize campuses within
62+ the district or school to participate in the program based on the
63+ direct impact of student suicides on the campuses.
64+ (e) For each elementary school campus at which the program
65+ is implemented, the school district or open-enrollment charter
66+ school shall:
67+ (1) conduct a needs-based assessment to identify
68+ individual needs of each campus in the program;
69+ (2) coordinate with the Health and Human Services
70+ Commission and a district or school that has implemented a
71+ comprehensive Suicide Safer Early Intervention and Prevention
72+ system, a program through Project AWARE (Advancing Wellness and
73+ Resiliency in Education), or another similar primary prevention,
74+ intervention, and postvention program to provide school-based
75+ suicide prevention best practices for each campus in the program;
76+ (3) provide recommendations for research-based best
77+ practices for suicide prevention, intervention, and postvention
78+ policies;
79+ (4) ensure that informational materials distributed
80+ by the district or school are age-appropriate and evidence-based;
81+ and
82+ (5) provide suicide prevention, intervention, and
83+ postvention support to each campus in the program, including by:
84+ (A) identifying the individual needs of the
85+ campus through the assessment conducted under Subdivision (1); and
86+ (B) implementing research-based best practices
87+ for suicide prevention, intervention, and postvention by working
88+ with licensed mental health professionals, teachers, nurses,
89+ administrators, and other staff, as well as law enforcement
90+ officers and social workers who regularly interact with students,
91+ to prevent suicide among students enrolled at the campus.
92+ (f) Each school district or open-enrollment charter school
93+ that implements the program under this section shall provide
94+ written notice to a parent or guardian of each student enrolled at a
95+ campus in the program. The required written notice must include:
96+ (1) current statewide information on suicide rates;
97+ (2) evidence-based informational materials
98+ identifying strategies to recognize the signs and symptoms of
99+ possible suicidal ideation that are age-appropriate for children
100+ who are four years of age or older;
101+ (3) information about suicide prevention strategies
102+ involving reducing access to lethal means of suicide for a student
103+ at risk of suicide;
104+ (4) a list of available school and community resources
105+ to support students or community members who may be at risk for
106+ suicide; and
107+ (5) a statement of the right of the student's parent or
108+ guardian to decline the student's participation in the program.
109+ (g) In addition to the practices and procedures developed by
110+ a school district or open-enrollment charter school under Section
111+ 38.351(i), a district or school that implements the program shall
112+ develop practices and procedures concerning suicide prevention,
113+ intervention, and postvention that:
114+ (1) include a procedure for providing notice to a
115+ parent or guardian of a student regarding a recommendation for
116+ early mental health intervention for the student within a
117+ reasonable amount of time after the identification of early warning
118+ signs of risk for suicide, including:
119+ (A) declining academic performance;
120+ (B) depression;
121+ (C) anxiety;
122+ (D) isolation;
123+ (E) unexplained changes in sleep or eating
124+ habits; and
125+ (F) destructive behavior toward self and others;
126+ (2) include a procedure for providing notice of a
127+ student identified as at risk of attempting suicide, including a
128+ student who is or may be the victim of or who engages in bullying, to
129+ a parent or guardian of the student within a reasonable amount of
130+ time after the identification of early warning signs, including the
131+ signs listed in Subdivision (1);
132+ (3) designate at least one person to act as a liaison
133+ officer in the district or school for the purposes of identifying
134+ students in need of suicide prevention, intervention, and
135+ postvention;
136+ (4) provide information concerning available
137+ counseling alternatives to parents and guardians of district or
138+ school students to consider when a student is identified as
139+ possibly in need of suicide prevention, intervention, and
140+ postvention; and
141+ (5) include procedures to support the return of a
142+ student to regular school attendance following hospitalization or
143+ residential treatment for a mental health condition or substance
144+ abuse.
145+ (h) The practices and procedures developed under Subsection
146+ (g) must be included in:
147+ (1) the annual student handbook; and
148+ (2) the district improvement plan under Section
149+ 11.252.
150+ (i) Any school district or open-enrollment charter school
151+ that implements the program may:
137152 (1) contract with a regional education service center
138- for services;
139- (2) enter into a memorandum of understanding with a
140- local mental health authority for services;
141- (3) contract with public and private community-based
142- mental health providers or nonprofit organizations for services in
143- support of evidence-based strategies described by Subsection (i);
144- and
145- (4) consult with the local school health advisory
146- council established under Section 28.004 in developing a plan to
147- provide age-appropriate, evidence-based strategies described by
148- Subsection (i).
149- (k) A school district or open-enrollment charter school
150- awarded a grant under this section shall:
151- (1) ensure that funds are used to support
152- age-appropriate, evidence-based strategies;
153- (2) ensure that informational materials distributed
154- by the district or school are age-appropriate and evidence-based
155- and distributed with prior written parental consent;
156- (3) ensure that strategies implemented under
157- Subsection (i) include working with licensed mental health
158- professionals and other school personnel who regularly interact
159- with students to prevent suicide among students enrolled at the
160- campus; and
161- (4) provide to a parent of each student enrolled at a
162- campus receiving funds from the grant program written or electronic
163- notice that includes:
164- (A) notification of the award of funds from the
165- grant program to the campus and information regarding strategies to
166- be implemented at the campus as described by Subsection (i);
167- (B) information to increase parental and
168- caregiver awareness regarding research-based protective factors
169- and risk factors associated with social, emotional, and behavioral
170- health concerns and current and future suicidal ideations and
171- behaviors among elementary school-aged children; and
172- (C) a list of available school and community
173- resources to support students or community members who may be at
174- risk of suicide.
175- (l) The agency:
176- (1) may use any available funds for the program,
177- including state, federal, or philanthropic funds;
178- (2) may accept donations for purposes of this section
153+ for services; and
154+ (2) request the assistance of public and private
155+ community-based mental health resources.
156+ (j) The agency:
157+ (1) may accept donations for purposes of this section
179158 from sources without a conflict of interest; and
180- (3) may not accept donations for purposes of this
159+ (2) may not accept donations for purposes of this
181160 section from an anonymous source.
182- (m) Nothing in this section is intended to interfere with
183- the rights of parents and the decision-making regarding the best
184- interest of the child. Practices and procedures developed in
185- accordance with this section are intended to notify a parent of a
186- need for suicide prevention, intervention, or postvention so that a
187- parent may take appropriate action.
188- (n) Nothing in this section may be construed to supersede or
189- otherwise interfere with the obligation of a school district
190- employee to obtain written parental consent required under Sections
191- 26.009 and 38.010. Before providing an individual screening,
192- assessment, or intervention to any student in accordance with a
193- strategy implemented under the grant program established under this
194- section, a mental health professional is required to obtain
195- informed parental consent.
196- (o) Nothing in this section authorizes a school district or
161+ (k) Nothing in this section is intended to interfere with
162+ the rights of parents or guardians and the decision-making
163+ regarding the best interest of the child. Practices and procedures
164+ developed in accordance with this section are intended to notify a
165+ parent or guardian of a need for suicide prevention, intervention,
166+ or postvention so that a parent or guardian may take appropriate
167+ action.
168+ (l) Nothing in this section authorizes a school district or
197169 open-enrollment charter school employee to recommend prescription
198170 medication for a student or to interfere with medical decisions to
199171 be made by the student's parent or guardian.
200- (p) The commissioner shall adopt rules to administer this
172+ (m) The commissioner shall adopt rules to administer this
201173 section.
202- (q) This section expires September 1, 2025.
203- SECTION 2. Not later than June 1, 2022, the Texas Education
204- Agency, in coordination with the Health and Human Services
205- Commission, shall develop the guidance for public schools required
206- under Section 38.3515(b), Education Code, as added by this Act.
207- SECTION 3. This Act applies beginning with the 2021-2022
174+ (n) This section expires September 1, 2025.
175+ SECTION 2. This Act applies beginning with the 2021-2022
208176 school year.
209- SECTION 4. The Texas Education Agency is required to
177+ SECTION 3. The Texas Education Agency is required to
210178 implement a provision of this Act only if the legislature
211179 appropriates money specifically for that purpose. If the
212180 legislature does not appropriate money specifically for that
213181 purpose, the Texas Education Agency may, but is not required to,
214182 implement a provision of this Act using other appropriations
215183 available for that purpose.
216- SECTION 5. This Act takes effect immediately if it receives
184+ SECTION 4. This Act takes effect immediately if it receives
217185 a vote of two-thirds of all the members elected to each house, as
218186 provided by Section 39, Article III, Texas Constitution. If this
219187 Act does not receive the vote necessary for immediate effect, this
220188 Act takes effect September 1, 2021.
221- * * * * *