1 | 1 | | 89R8914 JDK-F |
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2 | 2 | | By: Thompson H.B. No. 3536 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the Collaborative Task Force on Public School Mental |
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10 | 10 | | Health Services. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 38.302, Education Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | Sec. 38.302. ESTABLISHMENT. The Collaborative Task Force |
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15 | 15 | | on Public School Mental Health Services is established to study and |
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16 | 16 | | evaluate: |
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17 | 17 | | (1) mental health services that are funded by this |
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18 | 18 | | state and provided at a school district or open-enrollment charter |
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19 | 19 | | school for purposes of Sections 37.115 and 38.351 directly to: |
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20 | 20 | | (A) a student enrolled in the district or school; |
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21 | 21 | | (B) a parent or family member of or person |
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22 | 22 | | standing in parental relation to a student enrolled in the district |
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23 | 23 | | or school; or |
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24 | 24 | | (C) an employee of the district or school; |
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25 | 25 | | (2) training provided to an educator employed by the |
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26 | 26 | | district or school to provide the mental health services described |
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27 | 27 | | by Subdivision (1); and |
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28 | 28 | | (3) the impact the mental health services described by |
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29 | 29 | | Subdivision (1) have on: |
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30 | 30 | | (A) the number of violent incidents that occur at |
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31 | 31 | | school districts or open-enrollment charter schools; |
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32 | 32 | | (B) the suicide rate of the individuals who are |
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33 | 33 | | provided the mental health services described by Subdivision (1); |
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34 | 34 | | (C) the number of public school students referred |
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35 | 35 | | to the Department of Family and Protective Services for |
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36 | 36 | | investigation services and the reasons for those referrals; |
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37 | 37 | | (D) the number of individuals who are transported |
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38 | 38 | | from each school district or open-enrollment charter school for an |
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39 | 39 | | emergency detention under Chapter 573, Health and Safety Code; |
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40 | 40 | | [and] |
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41 | 41 | | (E) the number of public school students referred |
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42 | 42 | | to outside providers for mental health care, including outside |
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43 | 43 | | counselors referred to in accordance with Section 38.010; and |
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44 | 44 | | (F) fostering a positive school climate as |
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45 | 45 | | defined by Section 38.351(d). |
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46 | 46 | | SECTION 2. Subchapter F-1, Chapter 38, Education Code, is |
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47 | 47 | | amended by adding Section 38.3031 to read as follows: |
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48 | 48 | | Sec. 38.3031. TERMS; VACANCY. (a) Members of the task |
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49 | 49 | | force serve staggered three-year terms. A member may serve more |
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50 | 50 | | than one term. |
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51 | 51 | | (b) A vacancy on the task force shall be filled in the same |
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52 | 52 | | manner as the original placement or appointment, as applicable. |
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53 | 53 | | SECTION 3. Section 38.308(a), Education Code, is amended to |
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54 | 54 | | read as follows: |
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55 | 55 | | (a) The task force shall: |
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56 | 56 | | (1) gather data on: |
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57 | 57 | | (A) the number of students enrolled in each |
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58 | 58 | | school district and open-enrollment charter school; |
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59 | 59 | | (B) the number of individuals to whom each school |
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60 | 60 | | district or open-enrollment charter school provides the mental |
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61 | 61 | | health services described by Section 38.302(1); |
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62 | 62 | | (C) the number of individuals for whom each |
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63 | 63 | | school district or open-enrollment charter school has the resources |
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64 | 64 | | to provide the mental health services described by Section |
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65 | 65 | | 38.302(1); |
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66 | 66 | | (D) the number of individuals described by |
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67 | 67 | | Paragraph (B) who are referred to an inpatient or outpatient mental |
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68 | 68 | | health provider; |
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69 | 69 | | (E) the number of individuals who are transported |
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70 | 70 | | from each school district or open-enrollment charter school for an |
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71 | 71 | | emergency detention under Chapter 573, Health and Safety Code; |
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72 | 72 | | (F) the race, ethnicity, gender, special |
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73 | 73 | | education status, educationally disadvantaged status, and |
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74 | 74 | | geographic location of: |
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75 | 75 | | (i) individuals who are provided the mental |
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76 | 76 | | health services described by Section 38.302(1); |
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77 | 77 | | (ii) individuals who are described by |
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78 | 78 | | Paragraph (D); |
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79 | 79 | | (iii) individuals who are described by |
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80 | 80 | | Paragraph (E); |
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81 | 81 | | (iv) individuals who are described by |
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82 | 82 | | Paragraph (H); [and] |
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83 | 83 | | (v) individuals who are described by |
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84 | 84 | | Paragraph (I); |
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85 | 85 | | (vi) individuals who are described by |
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86 | 86 | | Paragraph (L)(ii); |
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87 | 87 | | (vii) individuals who are described by |
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88 | 88 | | Paragraph (M)(iii); and |
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89 | 89 | | (viii) individuals who are described by |
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90 | 90 | | Paragraph (N)(iii); |
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91 | 91 | | (G) mental health services and trainings |
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92 | 92 | | provided by: |
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93 | 93 | | (i) school districts, at both the campus |
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94 | 94 | | and district level; and |
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95 | 95 | | (ii) open-enrollment charter schools; |
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96 | 96 | | (H) the number of individuals who were placed in |
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97 | 97 | | a disciplinary alternative education program or out-of-school |
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98 | 98 | | suspension or expelled; |
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99 | 99 | | (I) the number of threat assessments conducted |
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100 | 100 | | under Section 37.115; [and] |
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101 | 101 | | (J) the number of reports made from each school |
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102 | 102 | | district or open-enrollment charter school by an employee of the |
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103 | 103 | | district or school or by a school resource officer, to the |
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104 | 104 | | Department of Family and Protective Services regarding an alleged |
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105 | 105 | | incident of abuse or neglect; |
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106 | 106 | | (K) the mental health supports and services |
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107 | 107 | | offered directly to students by a school district or |
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108 | 108 | | open-enrollment charter school through the systemic and |
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109 | 109 | | coordinated multitiered support system for mental health under |
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110 | 110 | | Section 37.115 and in accordance with Section 38.351; |
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111 | 111 | | (L) the number of referrals to mental health |
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112 | 112 | | supports and services offered directly to students by a school |
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113 | 113 | | district or open-enrollment charter school through the systemic and |
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114 | 114 | | coordinated multitiered support system for mental health under |
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115 | 115 | | Section 37.115 and in accordance with Section 38.351, including: |
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116 | 116 | | (i) the number of referrals resulting from |
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117 | 117 | | a threat assessment; and |
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118 | 118 | | (ii) the number of students who received |
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119 | 119 | | the support or service to which the student was referred; |
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120 | 120 | | (M) the number of referrals to a partner or |
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121 | 121 | | community-based provider, including: |
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122 | 122 | | (i) the number of referrals made to each |
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123 | 123 | | provider; |
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124 | 124 | | (ii) the number of referrals resulting from |
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125 | 125 | | a threat assessment; and |
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126 | 126 | | (iii) the number of students who received |
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127 | 127 | | the support or service to which the student was referred; and |
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128 | 128 | | (N) the number of referrals to a psychiatric |
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129 | 129 | | hospital, acute care hospital, or emergency room to address acute |
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130 | 130 | | mental health risks, including: |
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131 | 131 | | (i) the number of referrals made to each |
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132 | 132 | | provider; |
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133 | 133 | | (ii) the number of referrals resulting from |
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134 | 134 | | a threat assessment; and |
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135 | 135 | | (iii) the number of students who received |
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136 | 136 | | the support or service to which the student was referred; and |
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137 | 137 | | (2) study, evaluate, and make recommendations |
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138 | 138 | | regarding the mental health services described by Section |
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139 | 139 | | 38.302(1), the training described by Section 38.302(2), and the |
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140 | 140 | | impact of those mental health services, as described by Section |
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141 | 141 | | 38.302(3), including addressing: |
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142 | 142 | | (A) the outcomes and the effectiveness of the |
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143 | 143 | | services and training provided, including the outcomes and |
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144 | 144 | | effectiveness of the service and training providers and the |
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145 | 145 | | programs under which services and training are provided, in: |
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146 | 146 | | (i) improving student academic achievement |
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147 | 147 | | and attendance; |
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148 | 148 | | (ii) reducing student disciplinary |
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149 | 149 | | proceedings, suspensions, placements in a disciplinary alternative |
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150 | 150 | | education program, and expulsions; and |
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151 | 151 | | (iii) delivering prevention and |
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152 | 152 | | intervention services to promote early mental health skills, |
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153 | 153 | | including: |
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154 | 154 | | (a) building skills relating to |
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155 | 155 | | managing emotions, establishing and maintaining positive |
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156 | 156 | | relationships, and making responsible decisions; |
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157 | 157 | | (b) preventing substance abuse; |
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158 | 158 | | (c) preventing suicides; |
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159 | 159 | | (d) adhering to the purpose of the |
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160 | 160 | | relevant program services or training; |
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161 | 161 | | (e) promoting trauma-informed |
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162 | 162 | | practices; |
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163 | 163 | | (f) promoting a positive school |
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164 | 164 | | climate, as defined by Section 38.351(d), in the district or |
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165 | 165 | | school; and |
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166 | 166 | | (g) improving physical and emotional |
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167 | 167 | | safety and well-being in the district or school and reducing |
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168 | 168 | | violence in the district or school; |
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169 | 169 | | (B) best practices for districts and schools in |
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170 | 170 | | implementing the services or training in accordance with Sections |
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171 | 171 | | 37.115 and 38.351, including best practices for: |
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172 | 172 | | (i) funding for mental health services and |
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173 | 173 | | training provided by a district or school; |
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174 | 174 | | (ii) improving psychological safety; |
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175 | 175 | | (iii) coordinating systemic and |
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176 | 176 | | multitiered support systems that address school climate, as defined |
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177 | 177 | | by Section 39.351(d), the social and emotional domain, and |
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178 | 178 | | behavioral and mental health; |
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179 | 179 | | (iv) increasing contract-based |
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180 | 180 | | collaborative efforts or partnerships with local community |
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181 | 181 | | programs, agencies, and providers; and |
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182 | 182 | | (v) district or school and campus level |
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183 | 183 | | policies and procedures related to referral pathways to increase |
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184 | 184 | | access to mental health services; |
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185 | 185 | | (C) disparities in the race, ethnicity, gender, |
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186 | 186 | | special education status, and geographic location of individuals |
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187 | 187 | | receiving the services; and |
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188 | 188 | | (D) best practices to replicate the services or |
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189 | 189 | | training for all districts and schools. |
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190 | 190 | | SECTION 4. Section 38.312, Education Code, is amended to |
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191 | 191 | | read as follows: |
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192 | 192 | | Sec. 38.312. EXPIRATION. The task force is abolished and |
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193 | 193 | | this subchapter expires December 1, 2031 [2025]. |
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194 | 194 | | SECTION 5. As soon as practicable after the effective date |
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195 | 195 | | of this Act, the members of the Collaborative Task Force on Public |
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196 | 196 | | School Mental Health Services shall draw lots to determine which |
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197 | 197 | | members serve a term expiring September 1, 2026, which members |
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198 | 198 | | serve a term expiring September 1, 2027, and which members serve a |
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199 | 199 | | term expiring September 1, 2028. The lots must be split into thirds |
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200 | 200 | | or as near to thirds as possible. |
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201 | 201 | | SECTION 6. This Act takes effect immediately if it receives |
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202 | 202 | | a vote of two-thirds of all the members elected to each house, as |
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203 | 203 | | provided by Section 39, Article III, Texas Constitution. If this |
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204 | 204 | | Act does not receive the vote necessary for immediate effect, this |
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205 | 205 | | Act takes effect September 1, 2025. |
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