Texas 2021 - 87th Regular

Texas Senate Bill SB920 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R4961 JES-F
2	2	By: Powell S.B. No. 920
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to data collection by and consultation with the
8	8	Collaborative Task Force on Public School Mental Health Services
9	9	regarding the task force's duties and requiring the Texas Education
10	10	Agency to report on mental health services provided to public
11	11	school students.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 38.307, Education Code, is amended by
14	14	amending Subsections (d) and (e) and adding Subsection (f) to read
15	15	as follows:
16	16	(d) On request of the task force, the agency, a school
17	17	district, or an open-enrollment charter school shall provide
18	18	information or other assistance to the task force in accordance
19	19	with Section 38.3071.
20	20	(e) The agency, on behalf of the task force, shall collect
21	21	data and maintain the data [collected by the task force] and the
22	22	work product of the task force in accordance with:
23	23	(1) the agency's information security plan under
24	24	Section 2054.133, Government Code; and
25	25	(2) the agency's records retention schedule under
26	26	Section 441.185, Government Code.
27	27	(f) The agency, in coordination with the task force, shall
28	28	establish and maintain an electronic database of mental health
29	29	services and trainings provided by school districts and
30	30	open-enrollment charter schools to assist the task force and the
31	31	institutions of higher education designated under Subsection (b) in
32	32	evaluating mental health services. The database:
33	33	(1) may not include personally identifying
34	34	information of an individual receiving a mental health service,
35	35	including the individual's name or birthday; and
36	36	(2) may be accessed only by the agency, members of the
37	37	task force, and the designated institutions of higher education for
38	38	a purpose described by this subchapter.
39	39	SECTION 2. Subchapter F, Chapter 38, Education Code, as
40	40	added by Chapter 1278 (H.B. 906), Acts of the 86th Legislature,
41	41	Regular Session, 2019, is amended by adding Section 38.3071 to read
42	42	as follows:
43	43	Sec. 38.3071. REQUEST FOR AND DISCLOSURE OF INFORMATION.
44	44	(a) To assist the task force in performing duties under this
45	45	subchapter, the task force, or the agency on behalf of the task
46	46	force, may request data from or consult with the following
47	47	entities:
48	48	(1) school districts;
49	49	(2) open-enrollment charter schools;
50	50	(3) regional education service centers;
51	51	(4) local mental health authorities; and
52	52	(5) other entities that possess information relevant
53	53	to the task force's duties under Section 38.308.
54	54	(b) In requesting data or consulting with entities under
55	55	Subsection (a), the task force and agency:
56	56	(1) may not disclose a student's medical or
57	57	educational information; and
58	58	(2) must ensure any request or consultation complies
59	59	with privacy and confidentiality of student information as required
60	60	by Section 38.309.
61	61	(c) Not later than the 30th business day after the date on
62	62	which an entity receives a request for data from the task force or
63	63	agency under Subsection (a), the entity shall provide the requested
64	64	data to the task force or agency. An entity that provides data under
65	65	this subsection:
66	66	(1) may not include personally identifying
67	67	information of an individual receiving a mental health service,
68	68	including the individual's name or birthday; and
69	69	(2) may provide the data without seeking the prior
70	70	authorization of an individual included in the data or of the
71	71	individual's parent or guardian, if the individual is a minor.
72	72	(d) A person that discloses data to the task force or agency
73	73	in accordance with this section is immune from civil or criminal
74	74	liability for, and may not be subject to an administrative penalty
75	75	in connection with, that disclosure.
76	76	SECTION 3. Section 38.308, Education Code, is amended to
77	77	read as follows:
78	78	Sec. 38.308. DUTIES OF TASK FORCE. (a) The task force
79	79	shall:
80	80	(1) gather data on:
81	81	(A) the number of students enrolled in each
82	82	school district and open-enrollment charter school;
83	83	(B) the number of individuals to whom each school
84	84	district or open-enrollment charter school provides the mental
85	85	health services described by Section 38.302(1);
86	86	(C) the number of individuals for whom each
87	87	school district or open-enrollment charter school has the resources
88	88	to provide the mental health services described by Section
89	89	38.302(1);
90	90	(D) the number of individuals described by
91	91	Paragraph (B) who are referred to an inpatient or outpatient mental
92	92	health provider;
93	93	(E) the number of individuals who are transported
94	94	from each school district or open-enrollment charter school for an
95	95	emergency detention under Chapter 573, Health and Safety Code;
96	96	[and]
97	97	(F) the race, ethnicity, gender, special
98	98	education status, educationally disadvantaged status, and
99	99	geographic location of:
100	100	(i) individuals who are provided the mental
101	101	health services described by Section 38.302(1);
102	102	(ii) individuals who are described by
103	103	Paragraph (D); [and]
104	104	(iii) individuals who are described by
105	105	Paragraph (E);
106	106	(iv) individuals who are described by
107	107	Paragraph (H); and
108	108	(v) individuals who are described by
109	109	Paragraph (I);
110	110	(G) mental health services and trainings
111	111	provided annually by:
112	112	(i) school districts, at both the campus
113	113	and district level; and
114	114	(ii) open-enrollment charter schools;
115	115	(H) the number of individuals who were placed in
116	116	a disciplinary alternative education program or out-of-school
117	117	suspension or expelled;
118	118	(I) the number of threat assessments conducted
119	119	under Section 37.115; and
120	120	(J) other relevant topics as determined by the
121	121	task force; and
122	122	(2) study, evaluate, and make recommendations
123	123	regarding the mental health services described by Section
124	124	38.302(1), the training described by Section 38.302(2), and the
125	125	impact of those mental health services, as described by Section
126	126	38.302(3), including addressing:
127	127	(A) the outcomes and the effectiveness of the
128	128	services and training provided, including the outcomes and
129	129	effectiveness of the service and training providers and the
130	130	programs under which services and training are provided, in:
131	131	(i) improving student academic achievement
132	132	and attendance;
133	133	(ii) reducing student disciplinary
134	134	proceedings, suspensions, placements in a disciplinary alternative
135	135	education program, and expulsions; and
136	136	(iii) delivering prevention and
137	137	intervention services to promote early mental health skills,
138	138	including:
139	139	(a) building skills relating to
140	140	managing emotions, establishing and maintaining positive
141	141	relationships, and making responsible decisions;
142	142	(b) preventing substance abuse;
143	143	(c) preventing suicides;
144	144	(d) adhering to the purpose of the
145	145	relevant program services or training;
146	146	(e) promoting trauma-informed
147	147	practices;
148	148	(f) promoting a positive school
149	149	climate, as defined by Section 38.351(d), [161.325(a-3), Health and
150	150	Safety Code,] in the district or school; and
151	151	(g) improving physical and emotional
152	152	safety and well-being in the district or school and reducing
153	153	violence in the district or school;
154	154	(B) best practices for districts and schools in
155	155	implementing the services or training;
156	156	(C) disparities in the race, ethnicity, gender,
157	157	special education status, and geographic location of individuals
158	158	receiving the services; and
159	159	(D) best practices to replicate the services or
160	160	training for all districts and schools.
161	161	(b) The task force may consult with relevant experts and
162	162	stakeholders, including:
163	163	(1) classroom teachers;
164	164	(2) school counselors;
165	165	(3) school resource officers;
166	166	(4) school administrators;
167	167	(5) school nurses;
168	168	(6) licensed specialists in school psychology;
169	169	(7) licensed professional counselors;
170	170	(8) licensed clinical social workers; and
171	171	(9) non-physician mental health professionals.
172	172	(c) In consulting with relevant experts and stakeholders
173	173	under Subsection (b), the task force may not disclose a student's
174	174	medical or educational information.
175	175	(d) The task force may enter into agreements with
176	176	institutions of higher education or other relevant entities as
177	177	needed to execute the duties of the task force.
178	178	SECTION 4. Subchapter G, Chapter 38, Education Code, is
179	179	amended by adding Section 38.354 to read as follows:
180	180	Sec. 38.354. REPORT ON MENTAL HEALTH SERVICES FOR STUDENTS.
181	181	Not later than December 1 of each even-numbered year, the agency
182	182	shall publish and submit to the legislature a report on mental
183	183	health services provided to public school students. The report
184	184	shall include:
185	185	(1) the type of services provided to students; and
186	186	(2) the number of students who received each type of
187	187	service disaggregated by school district, campus, grade, and race.
188	188	SECTION 5. To the extent of any conflict, this Act prevails
189	189	over another Act of the 87th Legislature, Regular Session, 2021,
190	190	relating to nonsubstantive additions to and corrections in enacted
191	191	codes.
192	192	SECTION 6. This Act takes effect September 1, 2021.