By: Thompson of Harris, et al. H.B. No. 2954
(Senate Sponsor - Powell)
(In the Senate - Received from the House May 10, 2021;
May 11, 2021, read first time and referred to Committee on
Education; May 25, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 3;
May 25, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2954 By: Powell
A BILL TO BE ENTITLED
AN ACT
relating to a suicide prevention, intervention, and postvention
grant 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. ELEMENTARY SCHOOL SUICIDE PREVENTION,
INTERVENTION, AND POSTVENTION GRANT PROGRAM. (a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "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.
(3) "Parent" means any person who is the natural or
adoptive parent, managing or possessory conservator, legal
guardian, custodian, or other person with legal authority to act on
behalf of a child.
(4) "Postvention" includes activities that promote
healing necessary to reduce the risk of suicide by a person affected
by the suicide of another.
(b) The agency, in coordination with the commission, shall
assist school districts and open-enrollment charter schools with
identifying evidence-based and developmentally appropriate
strategies and best practices in elementary schools that:
(1) increase protective factors and reduce risk
factors associated with social, emotional, and behavioral health
concerns and current and future suicidal ideations and behaviors;
(2) identify risk factors for emergent or future
suicide risk, as determined using factors identified by the
commission;
(3) address each area listed in Section 38.351(c); and
(4) include practices and procedures described by
Section 38.351(i) for suicide prevention, intervention, and
postvention.
(c) To the extent funds are appropriated to the agency for
that purpose, the agency shall establish a grant program under
which funds are awarded to school districts and open-enrollment
charter schools to develop and implement age-appropriate,
evidence-based strategies described by Subsection (i).
(d) A school district or open-enrollment charter school is
eligible to participate in the grant program established under this
section if the district or school or a campus of the district or
school has experienced suicide loss or a non-fatal suicide attempt
among elementary school students enrolled in the district or school
in the 2016-2017 school year or a subsequent school year.
(e) Before an eligible school district or open-enrollment
charter school may seek funds under the grant program, the
superintendent or chief executive officer of the district or school
shall provide, if applicable, notice to the parent of each student
enrolled in the district or school that an elementary school
student enrolled in the district or school has died. The notice:
(1) may not include the student's name or information
about the student's cause of death without express consent from the
student's parent; and
(2) must include information regarding school and
community resources to support students or community members who
may experience grief or trauma.
(f) Before an eligible school district or open-enrollment
charter school may seek funds under the grant program, the board of
trustees of the school district or governing body of the
open-enrollment charter school shall:
(1) hold a closed meeting to review eligibility
requirements under Subsection (d) and determine whether a campus is
eligible for the grant program;
(2) ensure any report, information, or record the
board or governing body receives under Subdivision (1) is:
(A) confidential; and
(B) not subject to disclosure under Chapter 552,
Government Code;
(3) post a notice of intent to seek funds through the
grant program on the district's or school's Internet website prior
to the public hearing under Subdivision (4) and provide a
reasonable time period for public comment; and
(4) conduct a public hearing to:
(A) notify the public of intent to seek funds
through the grant program;
(B) solicit public comment on the proposal; and
(C) approve by a record vote the decision of the
district or school to seek funds under the grant program.
(g) In awarding grants under this section, the agency may
prioritize for funding purposes school districts or
open-enrollment charter schools that:
(1) serve students residing in rural areas; or
(2) serve students in high needs districts.
(h) A school district or open-enrollment charter school
that is awarded funds through the grant program shall prioritize
campuses within the district or school based on the direct impact of
student suicides on the campuses.
(i) For each elementary school campus at which the school
district or open-enrollment charter school implements the grant
program, the district or school shall use funds awarded under the
program to support age-appropriate, evidence-based strategies in
elementary schools identified in Subsection (b) that:
(1) reduce current and future risk in students for
engaging in:
(A) suicidal ideations and behaviors; and
(B) behavior that poses a risk of harm to self or
others, including bullying and substance misuse;
(2) support early mental health intervention for
students with early warning signs of risk for suicide;
(3) foster resilience in students; and
(4) support the development of coping skills and
protective behavior in students to help them react positively to
changes and obstacles in life, including skills related to
responsible decision-making, managing emotions, and establishing
and maintaining positive relationships.
(j) A school district or open-enrollment charter school
awarded a grant under this section may:
(1) contract with a regional education service center
for services;
(2) enter into a memorandum of understanding with a
local mental health authority for services;
(3) contract with public and private community-based
mental health providers or nonprofit organizations for services in
support of evidence-based strategies described by Subsection (i);
and
(4) consult with the local school health advisory
council established under Section 28.004 in developing a plan to
provide age-appropriate, evidence-based strategies described by
Subsection (i).
(k) A school district or open-enrollment charter school
awarded a grant under this section shall:
(1) ensure that funds are used to support
age-appropriate, evidence-based strategies;
(2) ensure that informational materials distributed
by the district or school are age-appropriate and evidence-based
and distributed with prior written parental consent;
(3) ensure that strategies implemented under
Subsection (i) include working with licensed mental health
professionals and other school personnel who regularly interact
with students to prevent suicide among students enrolled at the
campus; and
(4) provide to a parent of each student enrolled at a
campus receiving funds from the grant program written or electronic
notice that includes:
(A) notification of the award of funds from the
grant program to the campus and information regarding strategies to
be implemented at the campus as described by Subsection (i);
(B) information to increase parental and
caregiver awareness regarding research-based protective factors
and risk factors associated with social, emotional, and behavioral
health concerns and current and future suicidal ideations and
behaviors among elementary school-aged children; and
(C) a list of available school and community
resources to support students or community members who may be at
risk of suicide.
(l) The agency:
(1) may use any available funds for the program,
including state, federal, or philanthropic funds;
(2) may accept donations for purposes of this section
from sources without a conflict of interest; and
(3) may not accept donations for purposes of this
section from an anonymous source.
(m) Nothing in this section is intended to interfere with
the rights of parents 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 of a
need for suicide prevention, intervention, or postvention so that a
parent may take appropriate action.
(n) Nothing in this section may be construed to supersede or
otherwise interfere with the obligation of a school district
employee to obtain written parental consent required under Sections
26.009 and 38.010. Before providing an individual screening,
assessment, or intervention to any student in accordance with a
strategy implemented under the grant program established under this
section, a mental health professional is required to obtain
informed parental consent.
(o) 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.
(p) The commissioner shall adopt rules to administer this
section.
(q) This section expires September 1, 2025.
SECTION 2. Not later than June 1, 2022, the Texas Education
Agency, in coordination with the Health and Human Services
Commission, shall develop the guidance for public schools required
under Section 38.3515(b), Education Code, as added by this Act.
SECTION 3. This Act applies beginning with the 2021-2022
school year.
SECTION 4. 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 5. 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.
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