87R3873 GCB-D
By: Talarico H.B. No. 4083
A BILL TO BE ENTITLED
AN ACT
relating to the assignment of certain behavioral health
professionals to a public school campus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 33, Education Code, is
amended by adding Section 33.911 to read as follows:
Sec. 33.911. BEHAVIORAL HEALTH PROFESSIONAL. (a) In this
section, "behavioral health professional" means:
(1) a licensed specialist in school psychology
licensed under Chapter 501, Occupations Code;
(2) a licensed professional counselor licensed under
Chapter 503, Occupations Code;
(3) a licensed clinical social worker licensed under
Chapter 505, Occupations Code; or
(4) a school counselor with an appropriate certificate
or permit issued under Subchapter B, Chapter 21.
(b) A school district with 400 or more students in average
daily attendance shall assign one behavioral health professional
for every 400 students in average daily attendance in the district.
(c) In addition to other duties, the duties of a behavioral
health professional assigned under this section must include the
following:
(1) assisting students in confidential counseling
matters;
(2) providing students and parents the counseling
required by Section 28.025(b); or
(3) a combination of the duties described by
Subdivisions (1) and (2).
(d) A school district that requires a behavioral health
professional to provide students and parents the counseling
required by Section 28.025(b) must ensure the behavioral health
professional receives training in providing that counseling.
(e) A school counselor assigned under this section shall:
(1) fulfill the requirements of a school counselor
under Subchapter A;
(2) develop and administer personal graduation plans
under Section 28.0212; and
(3) review personal graduation plan options with each
student entering grade nine, as required by Section 28.02121(c).
(f) A behavioral health professional assigned under this
section must comply with guidelines concerning parental consent
adopted under Section 33.003 and may not consult with a student
without the permission of the student's parent or guardian unless:
(1) the safety of the student is at issue;
(2) the student is at risk of being involved in
domestic violence; or
(3) a court order allows or requires the consultation
without the permission.
(g) Before implementing a comprehensive and developmental
guidance and counseling program, a behavioral health professional
shall conduct a preview of the program for parents and guardians, as
required by Section 33.004(b).
(h) A school district may not require a behavioral health
professional assigned under this section to administer assessment
instruments or provide other assistance in connection with
assessment instruments, except that a school district may require
the behavioral health professional to engage in the interpretation
of data obtained from the administration of assessment instruments.
(i) A behavioral health professional assigned under this
section may serve more than one campus of the district provided the
ratio of students to behavioral health professionals does not
exceed 600 to 1. This subsection expires December 31, 2026.
(j) Beginning January 1, 2027, a behavioral health
professional assigned under this section may serve more than one
campus of the district provided the ratio of students to behavioral
health professionals does not exceed 520 to 1.
SECTION 2. A school district shall employ a behavioral
health professional, as required by Section 33.911, Education Code,
as added by this Act, as soon as practicable after the effective
date of this Act.
SECTION 3. 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.