| 1 | 1 | | 87R3873 GCB-D |
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| 2 | 2 | | By: Talarico H.B. No. 4083 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the assignment of certain behavioral health |
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| 8 | 8 | | professionals to a public school campus. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 33, Education Code, is |
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| 11 | 11 | | amended by adding Section 33.911 to read as follows: |
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| 12 | 12 | | Sec. 33.911. BEHAVIORAL HEALTH PROFESSIONAL. (a) In this |
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| 13 | 13 | | section, "behavioral health professional" means: |
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| 14 | 14 | | (1) a licensed specialist in school psychology |
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| 15 | 15 | | licensed under Chapter 501, Occupations Code; |
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| 16 | 16 | | (2) a licensed professional counselor licensed under |
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| 17 | 17 | | Chapter 503, Occupations Code; |
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| 18 | 18 | | (3) a licensed clinical social worker licensed under |
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| 19 | 19 | | Chapter 505, Occupations Code; or |
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| 20 | 20 | | (4) a school counselor with an appropriate certificate |
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| 21 | 21 | | or permit issued under Subchapter B, Chapter 21. |
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| 22 | 22 | | (b) A school district with 400 or more students in average |
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| 23 | 23 | | daily attendance shall assign one behavioral health professional |
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| 24 | 24 | | for every 400 students in average daily attendance in the district. |
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| 25 | 25 | | (c) In addition to other duties, the duties of a behavioral |
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| 26 | 26 | | health professional assigned under this section must include the |
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| 27 | 27 | | following: |
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| 28 | 28 | | (1) assisting students in confidential counseling |
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| 29 | 29 | | matters; |
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| 30 | 30 | | (2) providing students and parents the counseling |
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| 31 | 31 | | required by Section 28.025(b); or |
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| 32 | 32 | | (3) a combination of the duties described by |
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| 33 | 33 | | Subdivisions (1) and (2). |
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| 34 | 34 | | (d) A school district that requires a behavioral health |
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| 35 | 35 | | professional to provide students and parents the counseling |
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| 36 | 36 | | required by Section 28.025(b) must ensure the behavioral health |
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| 37 | 37 | | professional receives training in providing that counseling. |
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| 38 | 38 | | (e) A school counselor assigned under this section shall: |
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| 39 | 39 | | (1) fulfill the requirements of a school counselor |
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| 40 | 40 | | under Subchapter A; |
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| 41 | 41 | | (2) develop and administer personal graduation plans |
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| 42 | 42 | | under Section 28.0212; and |
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| 43 | 43 | | (3) review personal graduation plan options with each |
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| 44 | 44 | | student entering grade nine, as required by Section 28.02121(c). |
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| 45 | 45 | | (f) A behavioral health professional assigned under this |
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| 46 | 46 | | section must comply with guidelines concerning parental consent |
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| 47 | 47 | | adopted under Section 33.003 and may not consult with a student |
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| 48 | 48 | | without the permission of the student's parent or guardian unless: |
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| 49 | 49 | | (1) the safety of the student is at issue; |
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| 50 | 50 | | (2) the student is at risk of being involved in |
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| 51 | 51 | | domestic violence; or |
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| 52 | 52 | | (3) a court order allows or requires the consultation |
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| 53 | 53 | | without the permission. |
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| 54 | 54 | | (g) Before implementing a comprehensive and developmental |
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| 55 | 55 | | guidance and counseling program, a behavioral health professional |
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| 56 | 56 | | shall conduct a preview of the program for parents and guardians, as |
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| 57 | 57 | | required by Section 33.004(b). |
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| 58 | 58 | | (h) A school district may not require a behavioral health |
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| 59 | 59 | | professional assigned under this section to administer assessment |
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| 60 | 60 | | instruments or provide other assistance in connection with |
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| 61 | 61 | | assessment instruments, except that a school district may require |
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| 62 | 62 | | the behavioral health professional to engage in the interpretation |
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| 63 | 63 | | of data obtained from the administration of assessment instruments. |
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| 64 | 64 | | (i) A behavioral health professional assigned under this |
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| 65 | 65 | | section may serve more than one campus of the district provided the |
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| 66 | 66 | | ratio of students to behavioral health professionals does not |
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| 67 | 67 | | exceed 600 to 1. This subsection expires December 31, 2026. |
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| 68 | 68 | | (j) Beginning January 1, 2027, a behavioral health |
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| 69 | 69 | | professional assigned under this section may serve more than one |
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| 70 | 70 | | campus of the district provided the ratio of students to behavioral |
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| 71 | 71 | | health professionals does not exceed 520 to 1. |
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| 72 | 72 | | SECTION 2. A school district shall employ a behavioral |
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| 73 | 73 | | health professional, as required by Section 33.911, Education Code, |
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| 74 | 74 | | as added by this Act, as soon as practicable after the effective |
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| 75 | 75 | | date of this Act. |
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| 76 | 76 | | SECTION 3. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2021. |
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