89R8914 JDK-F
By: Thompson H.B. No. 3536
A BILL TO BE ENTITLED
AN ACT
relating to the Collaborative Task Force on Public School Mental
Health Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.302, Education Code, is amended to
read as follows:
Sec. 38.302. ESTABLISHMENT. The Collaborative Task Force
on Public School Mental Health Services is established to study and
evaluate:
(1) mental health services that are funded by this
state and provided at a school district or open-enrollment charter
school for purposes of Sections 37.115 and 38.351 directly to:
(A) a student enrolled in the district or school;
(B) a parent or family member of or person
standing in parental relation to a student enrolled in the district
or school; or
(C) an employee of the district or school;
(2) training provided to an educator employed by the
district or school to provide the mental health services described
by Subdivision (1); and
(3) the impact the mental health services described by
Subdivision (1) have on:
(A) the number of violent incidents that occur at
school districts or open-enrollment charter schools;
(B) the suicide rate of the individuals who are
provided the mental health services described by Subdivision (1);
(C) the number of public school students referred
to the Department of Family and Protective Services for
investigation services and the reasons for those referrals;
(D) 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]
(E) the number of public school students referred
to outside providers for mental health care, including outside
counselors referred to in accordance with Section 38.010; and
(F) fostering a positive school climate as
defined by Section 38.351(d).
SECTION 2. Subchapter F-1, Chapter 38, Education Code, is
amended by adding Section 38.3031 to read as follows:
Sec. 38.3031. TERMS; VACANCY. (a) Members of the task
force serve staggered three-year terms. A member may serve more
than one term.
(b) A vacancy on the task force shall be filled in the same
manner as the original placement or appointment, as applicable.
SECTION 3. Section 38.308(a), Education Code, is amended to
read as follows:
(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;
(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);
(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);
(vi) individuals who are described by
Paragraph (L)(ii);
(vii) individuals who are described by
Paragraph (M)(iii); and
(viii) individuals who are described by
Paragraph (N)(iii);
(G) mental health services and trainings
provided 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) the number of reports made from each school
district or open-enrollment charter school by an employee of the
district or school or by a school resource officer, to the
Department of Family and Protective Services regarding an alleged
incident of abuse or neglect;
(K) the mental health supports and services
offered directly to students by a school district or
open-enrollment charter school through the systemic and
coordinated multitiered support system for mental health under
Section 37.115 and in accordance with Section 38.351;
(L) the number of referrals to mental health
supports and services offered directly to students by a school
district or open-enrollment charter school through the systemic and
coordinated multitiered support system for mental health under
Section 37.115 and in accordance with Section 38.351, including:
(i) the number of referrals resulting from
a threat assessment; and
(ii) the number of students who received
the support or service to which the student was referred;
(M) the number of referrals to a partner or
community-based provider, including:
(i) the number of referrals made to each
provider;
(ii) the number of referrals resulting from
a threat assessment; and
(iii) the number of students who received
the support or service to which the student was referred; and
(N) the number of referrals to a psychiatric
hospital, acute care hospital, or emergency room to address acute
mental health risks, including:
(i) the number of referrals made to each
provider;
(ii) the number of referrals resulting from
a threat assessment; and
(iii) the number of students who received
the support or service to which the student was referred; 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), 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 in accordance with Sections
37.115 and 38.351, including best practices for:
(i) funding for mental health services and
training provided by a district or school;
(ii) improving psychological safety;
(iii) coordinating systemic and
multitiered support systems that address school climate, as defined
by Section 39.351(d), the social and emotional domain, and
behavioral and mental health;
(iv) increasing contract-based
collaborative efforts or partnerships with local community
programs, agencies, and providers; and
(v) district or school and campus level
policies and procedures related to referral pathways to increase
access to mental health services;
(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.
SECTION 4. Section 38.312, Education Code, is amended to
read as follows:
Sec. 38.312. EXPIRATION. The task force is abolished and
this subchapter expires December 1, 2031 [2025].
SECTION 5. As soon as practicable after the effective date
of this Act, the members of the Collaborative Task Force on Public
School Mental Health Services shall draw lots to determine which
members serve a term expiring September 1, 2026, which members
serve a term expiring September 1, 2027, and which members serve a
term expiring September 1, 2028. The lots must be split into thirds
or as near to thirds as possible.
SECTION 6. 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, 2025.