87R4961 JES-F
By: Powell S.B. No. 920
A BILL TO BE ENTITLED
AN ACT
relating to data collection by and consultation with the
Collaborative Task Force on Public School Mental Health Services
regarding the task force's duties and requiring the Texas Education
Agency to report on mental health services provided to public
school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.307, Education Code, is amended by
amending Subsections (d) and (e) and adding Subsection (f) to read
as follows:
(d) On request of the task force, the agency, a school
district, or an open-enrollment charter school shall provide
information or other assistance to the task force in accordance
with Section 38.3071.
(e) The agency, on behalf of the task force, shall collect
data and maintain the data [collected by the task force] and the
work product of the task force in accordance with:
(1) the agency's information security plan under
Section 2054.133, Government Code; and
(2) the agency's records retention schedule under
Section 441.185, Government Code.
(f) The agency, in coordination with the task force, shall
establish and maintain an electronic database of mental health
services and trainings provided by school districts and
open-enrollment charter schools to assist the task force and the
institutions of higher education designated under Subsection (b) in
evaluating mental health services. The database:
(1) may not include personally identifying
information of an individual receiving a mental health service,
including the individual's name or birthday; and
(2) may be accessed only by the agency, members of the
task force, and the designated institutions of higher education for
a purpose described by this subchapter.
SECTION 2. Subchapter F, Chapter 38, Education Code, as
added by Chapter 1278 (H.B. 906), Acts of the 86th Legislature,
Regular Session, 2019, is amended by adding Section 38.3071 to read
as follows:
Sec. 38.3071. REQUEST FOR AND DISCLOSURE OF INFORMATION.
(a) To assist the task force in performing duties under this
subchapter, the task force, or the agency on behalf of the task
force, may request data from or consult with the following
entities:
(1) school districts;
(2) open-enrollment charter schools;
(3) regional education service centers;
(4) local mental health authorities; and
(5) other entities that possess information relevant
to the task force's duties under Section 38.308.
(b) In requesting data or consulting with entities under
Subsection (a), the task force and agency:
(1) may not disclose a student's medical or
educational information; and
(2) must ensure any request or consultation complies
with privacy and confidentiality of student information as required
by Section 38.309.
(c) Not later than the 30th business day after the date on
which an entity receives a request for data from the task force or
agency under Subsection (a), the entity shall provide the requested
data to the task force or agency. An entity that provides data under
this subsection:
(1) may not include personally identifying
information of an individual receiving a mental health service,
including the individual's name or birthday; and
(2) may provide the data without seeking the prior
authorization of an individual included in the data or of the
individual's parent or guardian, if the individual is a minor.
(d) A person that discloses data to the task force or agency
in accordance with this section is immune from civil or criminal
liability for, and may not be subject to an administrative penalty
in connection with, that disclosure.
SECTION 3. Section 38.308, Education Code, is amended to
read as follows:
Sec. 38.308. DUTIES OF TASK FORCE. (a) The task force
shall:
(1) gather data on:
(A) the number of students enrolled in each
school district and open-enrollment charter school;
(B) the number of individuals to whom each school
district or open-enrollment charter school provides the mental
health services described by Section 38.302(1);
(C) the number of individuals for whom each
school district or open-enrollment charter school has the resources
to provide the mental health services described by Section
38.302(1);
(D) the number of individuals described by
Paragraph (B) who are referred to an inpatient or outpatient mental
health provider;
(E) the number of individuals who are transported
from each school district or open-enrollment charter school for an
emergency detention under Chapter 573, Health and Safety Code;
[and]
(F) the race, ethnicity, gender, special
education status, educationally disadvantaged status, and
geographic location of:
(i) individuals who are provided the mental
health services described by Section 38.302(1);
(ii) individuals who are described by
Paragraph (D); [and]
(iii) individuals who are described by
Paragraph (E);
(iv) individuals who are described by
Paragraph (H); and
(v) individuals who are described by
Paragraph (I);
(G) mental health services and trainings
provided annually by:
(i) school districts, at both the campus
and district level; and
(ii) open-enrollment charter schools;
(H) the number of individuals who were placed in
a disciplinary alternative education program or out-of-school
suspension or expelled;
(I) the number of threat assessments conducted
under Section 37.115; and
(J) other relevant topics as determined by the
task force; and
(2) study, evaluate, and make recommendations
regarding the mental health services described by Section
38.302(1), the training described by Section 38.302(2), and the
impact of those mental health services, as described by Section
38.302(3), including addressing:
(A) the outcomes and the effectiveness of the
services and training provided, including the outcomes and
effectiveness of the service and training providers and the
programs under which services and training are provided, in:
(i) improving student academic achievement
and attendance;
(ii) reducing student disciplinary
proceedings, suspensions, placements in a disciplinary alternative
education program, and expulsions; and
(iii) delivering prevention and
intervention services to promote early mental health skills,
including:
(a) building skills relating to
managing emotions, establishing and maintaining positive
relationships, and making responsible decisions;
(b) preventing substance abuse;
(c) preventing suicides;
(d) adhering to the purpose of the
relevant program services or training;
(e) promoting trauma-informed
practices;
(f) promoting a positive school
climate, as defined by Section 38.351(d), [161.325(a-3), Health and
Safety Code,] in the district or school; and
(g) improving physical and emotional
safety and well-being in the district or school and reducing
violence in the district or school;
(B) best practices for districts and schools in
implementing the services or training;
(C) disparities in the race, ethnicity, gender,
special education status, and geographic location of individuals
receiving the services; and
(D) best practices to replicate the services or
training for all districts and schools.
(b) The task force may consult with relevant experts and
stakeholders, including:
(1) classroom teachers;
(2) school counselors;
(3) school resource officers;
(4) school administrators;
(5) school nurses;
(6) licensed specialists in school psychology;
(7) licensed professional counselors;
(8) licensed clinical social workers; and
(9) non-physician mental health professionals.
(c) In consulting with relevant experts and stakeholders
under Subsection (b), the task force may not disclose a student's
medical or educational information.
(d) The task force may enter into agreements with
institutions of higher education or other relevant entities as
needed to execute the duties of the task force.
SECTION 4. Subchapter G, Chapter 38, Education Code, is
amended by adding Section 38.354 to read as follows:
Sec. 38.354. REPORT ON MENTAL HEALTH SERVICES FOR STUDENTS.
Not later than December 1 of each even-numbered year, the agency
shall publish and submit to the legislature a report on mental
health services provided to public school students. The report
shall include:
(1) the type of services provided to students; and
(2) the number of students who received each type of
service disaggregated by school district, campus, grade, and race.
SECTION 5. 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 6. This Act takes effect September 1, 2021.