87R3884 GCB-D
By: Talarico H.B. No. 4079
A BILL TO BE ENTITLED
AN ACT
relating to a mental health professional to school law enforcement
official ratio for public schools and the use of the school safety
allotment to employ mental health professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0818 to read as follows:
Sec. 37.0818. MENTAL HEALTH PROFESSIONAL TO SCHOOL LAW
ENFORCEMENT OFFICIAL RATIOS. (a) In this section:
(1) "Mental health professional" means:
(A) a school counselor certified under
Subchapter B, Chapter 21;
(B) a licensed specialist in school psychology,
as defined by Section 501.002, Occupations Code;
(C) a licensed professional counselor, as
defined by Section 503.002, Occupations Code; or
(D) a licensed clinical social worker, as defined
by Section 505.002, Occupations Code.
(2) "School district peace officer" means a peace
officer commissioned under Section 37.081.
(3) "School law enforcement official" means:
(A) a security officer employed by a school
district or open-enrollment charter school;
(B) a person who provides security services under
a contract with a school district or open-enrollment charter
school;
(C) a school district peace officer; or
(D) a school resource officer who provides a
regular presence on a school district or open-enrollment charter
school campus under a memorandum of understanding between the
district or school and a local law enforcement agency.
(b) A school district or open-enrollment charter school
that employs, commissions, or contracts for the services of a
school law enforcement official to carry out this subchapter shall
maintain a mental health professional to school law enforcement
official ratio that is not less than:
(1) four mental health professionals for each school
law enforcement official if the district or school has a student
enrollment of 5,000 or more students;
(2) three mental health professionals for each school
law enforcement official if the district or school has a student
enrollment of more than 500 and less than 5,000; and
(3) two mental health professionals for each school
law enforcement official if the district or school has a student
enrollment of 500 or less.
(c) A school district or open-enrollment charter school may
apply under Section 7.056 to the commissioner for a waiver of the
ratio requirement imposed under Subsection (b). In addition to the
requirements under Section 7.056(b), a school district or
open-enrollment charter school requesting a waiver shall submit to
the commissioner within the period prescribed by Section 7.056(b)
documentation approved by the board of trustees of the district or
the governing body of the school showing that the district or school
made a good faith but unsuccessful attempt to obtain the applicable
number of mental health professionals required under Subsection
(b).
(c-1) Notwithstanding Subsection (c), a school district or
open-enrollment charter school that applies under Section 7.056(b)
to the commissioner for a waiver of the ratio requirement imposed
under Subsection (b) of this section for the 2021-2022 school year
is not required to submit documentation showing that the district
or school made a good faith but unsuccessful attempt to obtain the
applicable number of mental health professionals required under
Subsection (b). This subsection expires September 1, 2022.
(d) A school district or open-enrollment charter school
that receives a waiver of the ratio requirement imposed under
Subsection (b) shall ensure that each school law enforcement
official complete appropriate training by:
(1) verifying that each school law enforcement
official subject to Section 1701.263, Occupations Code, has
completed the required education and training program; and
(2) for any school law enforcement official who is not
subject to Section 1701.263, Occupations Code, requiring the
official to complete:
(A) positive behavior interventions and supports
training provided by a regional education service center; or
(B) a school safety course provided by the Texas
School Safety Center under Section 37.205.
SECTION 2. Section 42.168, Education Code, as added by
Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular
Session, 2019, is transferred to Subchapter C, Chapter 48,
Education Code, redesignated as Section 48.115, Education Code,
amended to conform to changes made by Chapter 943 (H.B. 3), Acts of
the 86th Legislature, Regular Session, 2019, and further amended to
read as follows:
Sec. 48.115 [42.168]. SCHOOL SAFETY ALLOTMENT. (a) From
funds appropriated for that purpose, the commissioner shall provide
to a school district an annual allotment in the amount provided by
appropriation for each student in average daily attendance.
(b) Funds allocated under this section must be used to
improve school safety and security, including costs associated
with:
(1) securing school facilities, including:
(A) improvements to school infrastructure;
(B) the use or installation of physical barriers;
and
(C) the purchase and maintenance of:
(i) security cameras or other security
equipment; and
(ii) technology, including communications
systems or devices, that facilitates communication and information
sharing between students, school personnel, and first responders in
an emergency;
(2) providing security for the district, including:
(A) employing school district peace officers,
private security officers, and school marshals; and
(B) collaborating with local law enforcement
agencies, such as entering into a memorandum of understanding for
the assignment of school resource officers to schools in the
district;
(3) school safety and security training and planning,
including:
(A) active shooter and emergency response
training;
(B) prevention and treatment programs relating
to addressing adverse childhood experiences; and
(C) the prevention, identification, and
management of emergencies and threats, including:
(i) providing mental health personnel and
support;
(ii) providing behavioral health services;
and
(iii) establishing threat reporting
systems; [and]
(4) providing programs related to suicide prevention,
intervention, and postvention; and
(5) establishing and maintaining the mental health
professional to school law enforcement official ratio required by
Section 37.0818.
(c) A school district may use funds allocated under this
section for equipment or software that is used for a school safety
and security purpose and an instructional purpose, provided that
the instructional use does not compromise the safety and security
purpose of the equipment or software.
(d) A school district that is required to take action under
Chapter 49 [41] to reduce its local revenue level [wealth per
student] to the [equalized wealth] level established under Section
48.257 is entitled to a credit, in the amount of the allotments to
which the district is to receive as provided by appropriation,
against the total amount required under Section 49.153 [41.093] for
the district to purchase attendance credit [credits].
(e) The commissioner may adopt rules to implement this
section.
SECTION 3. 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 4. This Act applies beginning with the 2021-2022
school year.
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.