Bill Text: TX HB11 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to consideration of the mental health of public school students in training requirements for certain school employees, curriculum requirements, educational programs, state and regional programs and services, and health care services for students.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced) 2017-05-10 - Placed on General State Calendar [HB11 Detail]

Download: Texas-2017-HB11-Comm_Sub.html
  85R18910 GCB-F
 
  By: Price, Turner, White, Bernal, Huberty, H.B. No. 11
      et al.
 
  Substitute the following for H.B. No. 11:
 
  By:  Price C.S.H.B. No. 11
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to consideration of the mental health of public school
  students in training requirements for certain school employees,
  curriculum requirements, educational programs, state and regional
  programs and services, and health care services for students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. MENTAL HEALTH OF STUDENTS IN PUBLIC SCHOOLS
         SECTION 1.01.  Section 5.001, Education Code, is amended by
  adding Subdivisions (5-a) and (9) to read as follows:
               (5-a)  "Mental health condition" means an illness,
  disease, or disorder, other than epilepsy, dementia, substance
  abuse, or intellectual disability, that:
                     (A)  substantially impairs a person's thought,
  perception of reality, emotional process, or judgment; or
                     (B)  grossly impairs behavior as demonstrated by
  recent disturbed behavior.
               (9)  "Substance abuse" means a patterned use of a
  substance, including a controlled substance, as defined by Chapter
  481, Health and Safety Code, and alcohol, in which the person
  consumes the substance in amounts or with methods that are harmful
  to the person's self or to others.
         SECTION 1.02.  Section 11.252(a), Education Code, is amended
  to read as follows:
         (a)  Each school district shall have a district improvement
  plan that is developed, evaluated, and revised annually, in
  accordance with district policy, by the superintendent with the
  assistance of the district-level committee established under
  Section 11.251.  The purpose of the district improvement plan is to
  guide district and campus staff in the improvement of student
  performance for all student groups in order to attain state
  standards in respect to the achievement indicators adopted under
  Sections 39.053(c)(1)-(4).  The district improvement plan must
  include provisions for:
               (1)  a comprehensive needs assessment addressing
  district student performance on the achievement indicators, and
  other appropriate measures of performance, that are disaggregated
  by all student groups served by the district, including categories
  of ethnicity, socioeconomic status, sex, and populations served by
  special programs, including students in special education programs
  under Subchapter A, Chapter 29;
               (2)  measurable district performance objectives for
  all appropriate achievement indicators for all student
  populations, including students in special education programs
  under Subchapter A, Chapter 29, and other measures of student
  performance that may be identified through the comprehensive needs
  assessment;
               (3)  strategies for improvement of student performance
  that include:
                     (A)  instructional methods for addressing the
  needs of student groups not achieving their full potential;
                     (B)  methods for addressing the needs of students
  for special programs, including:
                           (i)  suicide prevention programs, in
  accordance with Subchapter G [O-1], Chapter 38 [161, Health and
  Safety Code], which include [includes] a parental or guardian
  notification procedure;
                           (ii)  conflict resolution programs;
                           (iii)  violence prevention programs; and
                           (iv)  dyslexia treatment programs;
                     (C)  dropout reduction;
                     (D)  integration of technology in instructional
  and administrative programs;
                     (E)  positive behavior interventions and support
  [discipline management];
                     (F)  staff development for professional staff of
  the district;
                     (G)  career education to assist students in
  developing the knowledge, skills, and competencies necessary for a
  broad range of career opportunities; and
                     (H)  accelerated education;
               (4)  strategies for providing to middle school, junior
  high school, and high school students, those students' teachers and
  school counselors, and those students' parents information about:
                     (A)  higher education admissions and financial
  aid opportunities;
                     (B)  the TEXAS grant program and the Teach for
  Texas grant program established under Chapter 56;
                     (C)  the need for students to make informed
  curriculum choices to be prepared for success beyond high school;
  and
                     (D)  sources of information on higher education
  admissions and financial aid;
               (5)  resources needed to implement identified
  strategies;
               (6)  staff responsible for ensuring the accomplishment
  of each strategy;
               (7)  timelines for ongoing monitoring of the
  implementation of each improvement strategy;
               (8)  formative evaluation criteria for determining
  periodically whether strategies are resulting in intended
  improvement of student performance; and
               (9)  the policy under Section 38.0041 addressing sexual
  abuse and other maltreatment of children.
         SECTION 1.03.  Section 21.044(c-1), Education Code, is
  amended to read as follows:
         (c-1)  Any minimum academic qualifications for a certificate
  specified under Subsection (a) that require a person to possess a
  bachelor's degree must also require that the person receive, as
  part of the training required to obtain that certificate,
  instruction regarding mental health, substance abuse, and youth
  suicide.  The instruction required must:
               (1)  be provided through a program selected from the
  list of recommended best practice-based programs established under
  Section 38.301 [161.325, Health and Safety Code]; and
               (2)  include effective strategies [for teaching and
  intervening with students with mental or emotional disorders],
  including de-escalation techniques and positive behavioral
  interventions and supports, for teaching and intervening with
  students with mental health conditions or who engage in substance
  abuse.
         SECTION 1.04.  Section 21.054, Education Code, is amended by
  amending Subsections (d), (e), (f), and (g) and adding Subsections
  (d-2) and (e-2) to read as follows:
         (d)  Continuing education requirements for a classroom
  teacher must provide that not more than 25 percent of the training
  required every five years include instruction regarding:
               (1)  collecting and analyzing information that will
  improve effectiveness in the classroom;
               (2)  recognizing early warning indicators that a
  student may be at risk of dropping out of school;
               (3)  integrating technology into classroom
  instruction; and
               (4)  educating diverse student populations, including:
                     (A)  students who are eligible to participate in
  special education programs under Subchapter A, Chapter 29 [with
  disabilities, including mental health disorders];
                     (B)  students who are eligible to receive
  educational services required under Section 504, Rehabilitation
  Act of 1973 (29 U.S.C. Section 794);
                     (C)  students with mental health conditions or who
  engage in substance abuse;
                     (D)  students who are educationally
  disadvantaged;
                     (E) [(C)]  students of limited English
  proficiency; and
                     (F) [(D)]  students at risk of dropping out of
  school.
         (d-2)  Continuing education requirements for a classroom
  teacher may include instruction regarding how grief and trauma
  affect student learning and behavior and how evidence-based,
  grief-informed, and trauma-informed strategies support the
  academic success of students affected by grief and trauma.
         (e)  Continuing education requirements for a principal must
  provide that not more than 25 percent of the training required every
  five years include instruction regarding:
               (1)  effective and efficient management, including:
                     (A)  collecting and analyzing information;
                     (B)  making decisions and managing time; and
                     (C)  supervising student discipline and managing
  behavior;
               (2)  recognizing early warning indicators that a
  student may be at risk of dropping out of school;
               (3)  integrating technology into campus curriculum and
  instruction; and
               (4)  educating diverse student populations, including:
                     (A)  students who are eligible to participate in
  special education programs under Subchapter A, Chapter 29 [with
  disabilities, including mental health disorders];
                     (B)  students who are eligible to receive
  educational services required under Section 504, Rehabilitation
  Act of 1973 (29 U.S.C. Section 794);
                     (C)  students with mental health conditions or who
  engage in substance abuse;
                     (D)  students who are educationally
  disadvantaged;
                     (E) [(C)]  students of limited English
  proficiency; and
                     (F) [(D)]  students at risk of dropping out of
  school.
         (e-2)  Continuing education requirements for a principal may
  include instruction regarding how grief and trauma affect student
  learning and behavior and how evidence-based, grief-informed, and
  trauma-informed strategies support the academic success of
  students affected by grief and trauma.
         (f)  Continuing education requirements for a counselor must
  provide that not more than 25 percent of training required every
  five years include instruction regarding:
               (1)  assisting students in developing high school
  graduation plans;
               (2)  implementing dropout prevention strategies; [and]
               (3)  informing students concerning:
                     (A)  college admissions, including college
  financial aid resources and application procedures; and
                     (B)  career opportunities; and
               (4)  counseling students concerning mental health
  conditions and substance abuse.
         (g)  The board shall adopt rules that allow an educator,
  including a classroom teacher and a principal or other
  administrator, to fulfill [up to 12 hours of] continuing education
  requirements by participating in a mental health first aid training
  program offered by a local mental health authority under Section
  1001.203, Health and Safety Code.  The rules adopted under this
  subsection must allow an educator, including a classroom teacher
  and a principal or other administrator, who completes a mental
  health first aid training program offered:
               (1)  using an online or videoconferencing format to
  fulfill not more than eight hours of continuing education
  requirements; or
               (2)  through a classroom instruction format that
  requires in-person attendance to fulfill not more than 16 hours of
  continuing education requirements, with the educator, including a
  classroom teacher and a principal or other administrator, permitted
  to receive credit for twice the number of hours of instruction
  provided. [The number of hours of continuing education an educator
  may fulfill under this subsection may not exceed the number of hours
  the educator actually spends participating in a mental health first
  aid training program.]
         SECTION 1.05.  Sections 21.451(d), (d-1), and (e), Education
  Code, are amended to read as follows:
         (d)  The staff development:
               (1)  may include training in:
                     (A)  recognizing signs of mental health
  conditions and substance abuse;
                     (B)  technology;
                     (C) [(B)]  conflict resolution;
                     (D)  positive behavior intervention and support 
  [(C) discipline] strategies, including classroom management,
  district discipline policies, and the student code of conduct
  adopted under [Section 37.001 and] Chapter 37; and
                     (E) [(D)]  preventing, identifying, responding
  to, and reporting incidents of bullying;
               (2)  subject to Subsection (e) and to Section 21.3541
  and rules adopted under that section, must include training that is
  evidence-based [based on scientifically based research], as
  defined by Section 8101, Every Student Succeeds Act [9101, No Child
  Left Behind Act of 2001] (20 U.S.C. Section 7801), and that:
                     (A)  relates to instruction of students with
  disabilities; and
                     (B)  is designed for educators, including
  classroom teachers, who work primarily outside the area of special
  education; and
               (3)  must include suicide prevention training that must
  be provided:
                     (A)  on an annual basis, as part of a new employee
  orientation, to all new school district and open-enrollment charter
  school educators, including classroom teachers; and
                     (B)  to existing school district and
  open-enrollment charter school educators, including classroom
  teachers, on a schedule adopted by the agency by rule.
         (d-1)  The suicide prevention training required by
  Subsection (d)(3) must use a best practice-based program
  recommended by the Health and Human Services Commission [Department
  of State Health Services] in coordination with the agency under
  Section 38.301 [161.325, Health and Safety Code].
         (e)  A school district is required to provide the training
  described by Subsection (d)(2) to an educator, including a
  classroom teacher, who works primarily outside the area of special
  education only if the educator does not possess the knowledge and
  skills necessary to implement the individualized education program
  developed for a student receiving instruction from the educator.  A
  district may determine the time and place at which the training is
  delivered.
         SECTION 1.06.  Subchapter J, Chapter 21, Education Code, is
  amended by adding Section 21.462 to read as follows:
         Sec. 21.462.  RESOURCES REGARDING STUDENTS WITH HEALTH
  NEEDS. The agency, in coordination with the Health and Human
  Services Commission, shall establish and maintain an Internet
  website to provide resources for school district or open-enrollment
  charter school employees regarding working with students with
  mental health conditions, students who engage in substance abuse,
  or students with physical health needs.  The agency must include on
  the Internet website information about:
               (1)  the interventions for, treatment of, and
  management of mental health conditions, substance abuse, and
  physical health needs, and how mental health conditions, substance
  abuse, or physical health needs may affect a student's well-being
  or ability to succeed in school;
               (2)  grief-informed and trauma-informed practices;
  building skills related to managing emotions, establishing and
  maintaining positive relationships, and responsible
  decision-making; positive behavior interventions and supports; and
  a safe and supportive school climate; and
               (3)  food allergies that are common among students,
  methods for preventing exposure to a specific food when necessary
  to protect a student's health, and treating a student who is
  suffering from an allergic reaction to a food.
         SECTION 1.07.  Sections 28.002(a) and (r), Education Code,
  are amended to read as follows:
         (a)  Each school district that offers kindergarten through
  grade 12 shall offer, as a required curriculum:
               (1)  a foundation curriculum that includes:
                     (A)  English language arts;
                     (B)  mathematics;
                     (C)  science; and
                     (D)  social studies, consisting of Texas, United
  States, and world history, government, economics, with emphasis on
  the free enterprise system and its benefits, and geography; and
               (2)  an enrichment curriculum that includes:
                     (A)  to the extent possible, languages other than
  English;
                     (B)  health, with emphasis on:
                           (i)  physical health, including the
  importance of proper nutrition and exercise; and
                           (ii)  mental health, including instruction
  about mental health conditions and substance abuse;
                     (C)  physical education;
                     (D)  fine arts;
                     (E)  career and technology education;
                     (F)  technology applications;
                     (G)  religious literature, including the Hebrew
  Scriptures (Old Testament) and New Testament, and its impact on
  history and literature; and
                     (H)  personal financial literacy.
         (r)  In adopting the essential knowledge and skills for the
  health curriculum under Subsection (a)(2)(B), the State Board of
  Education shall adopt essential knowledge and skills that address
  the dangers, causes, consequences, signs, symptoms, and treatment
  of binge drinking, [and] alcohol poisoning, and other forms of
  substance abuse.  The agency shall compile a list of evidence-based
  substance abuse [alcohol] awareness programs from which a school
  district shall choose a program to use in the district's middle
  school, junior high school, and high school health curriculum.  In
  this subsection, "evidence-based substance abuse [alcohol]
  awareness program" means a program, practice, or strategy that has
  been proven to effectively prevent substance abuse [or delay
  alcohol use] among students, as determined by evaluations that are
  evidence-based [use valid and reliable measures and that are
  published in peer-reviewed journals].
         SECTION 1.08.  Sections 28.004(c), (d), and (k), Education
  Code, are amended to read as follows:
         (c)  The local school health advisory council's duties
  include recommending:
               (1)  the number of hours of instruction to be provided
  in health education, including physical health education and mental
  health education;
               (2)  policies, procedures, strategies, and curriculum
  appropriate for specific grade levels designed to prevent physical
  health concerns, including obesity, cardiovascular disease, Type 2
  diabetes, and mental health concerns through coordination of:
                     (A)  health education, which must address
  physical health concerns and mental health concerns to ensure the
  integration of physical health education and mental health
  education;
                     (B)  physical education and physical activity;
                     (C)  nutrition services;
                     (D)  parental involvement;
                     (E)  instruction about substance abuse [to
  prevent the use of tobacco];
                     (F)  school health services, including mental
  health services;
                     (G)  counseling and guidance services;
                     (H)  a safe and healthy school environment; and
                     (I)  school employee wellness;
               (3)  appropriate grade levels and methods of
  instruction for human sexuality instruction;
               (4)  strategies for integrating the curriculum
  components specified by Subdivision (2) with the following elements
  in a coordinated school health program for the district:
                     (A)  school health services, including physical
  health services and mental health services, if provided at a campus
  by the district or by a third party under a contract with the
  district;
                     (B)  counseling and guidance services;
                     (C)  a safe and healthy school environment; and
                     (D)  school employee wellness; and
               (5)  if feasible, joint use agreements or strategies
  for collaboration between the school district and community
  organizations or agencies.
         (d)  The board of trustees shall appoint at least five
  members to the local school health advisory council.  A majority of
  the members must be persons who are parents of students enrolled in
  the district and who are not employed by the district.  One of those
  members shall serve as chair or co-chair of the council. The board
  of trustees shall make a good faith effort to appoint at least one
  psychiatrist or nonphysician mental health professional, as
  defined by Section 38.0101.  The board of trustees also may appoint
  one or more persons from each of the following groups or a
  representative from a group other than a group specified under this
  subsection:
               (1)  public school teachers;
               (2)  public school administrators;
               (3)  district students;
               (4)  health care professionals;
               (5)  the business community;
               (6)  law enforcement;
               (7)  senior citizens;
               (8)  the clergy;
               (9)  nonprofit health organizations; and
               (10)  local domestic violence programs.
         (k)  A school district shall publish in the student handbook
  and post on the district's Internet website, if the district has an
  Internet website:
               (1)  a statement of the policies and procedures adopted
  to promote the physical health and mental health of students, the
  physical health and mental health resources available at each
  campus, contact information for the nearest providers of essential
  public health services under Chapter 121, Health and Safety Code,
  and the contact information for the nearest local mental health
  authority;
               (2)  a statement of the policies adopted to ensure that
  elementary school, middle school, and junior high school students
  engage in at least the amount and level of physical activity
  required by Section 28.002(l);
               (3) [(2)]  a statement of:
                     (A)  the number of times during the preceding year
  the district's school health advisory council has met;
                     (B)  whether the district has adopted and enforces
  policies to ensure that district campuses comply with agency
  vending machine and food service guidelines for restricting student
  access to vending machines; and
                     (C)  whether the district has adopted and enforces
  policies and procedures that prescribe penalties for the use of
  e-cigarettes, as defined by Section 38.006, and tobacco products by
  students and others on school campuses or at school-sponsored or
  school-related activities; and
               (4) [(3)]  a statement providing notice to parents that
  they can request in writing their child's physical fitness
  assessment results at the end of the school year.
         SECTION 1.09.  Section 29.003(b), Education Code, is amended
  to read as follows:
         (b)  A student is eligible to participate in a school
  district's special education program if the student:
               (1)  is not more than 21 years of age and has a visual or
  auditory impairment that prevents the student from being adequately
  or safely educated in public school without the provision of
  special services; or
               (2)  is at least three but not more than 21 years of age
  and has one or more of the following disabilities that prevents the
  student from being adequately or safely educated in public school
  without the provision of special services:
                     (A)  physical disability;
                     (B)  intellectual disability [mental
  retardation];
                     (C)  emotional disturbance;
                     (D)  learning disability;
                     (E)  autism;
                     (F)  speech disability; or
                     (G)  traumatic brain injury.
         SECTION 1.10.  Section 29.004, Education Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  A school district may develop an interim intervention,
  support, or crisis plan to provide immediate services and supports
  to a student while the student's full individual and initial
  evaluation is being conducted.
         SECTION 1.11.  Section 29.011(b), Education Code, is amended
  to read as follows:
         (b)  The commissioner shall require each school district or
  shared services arrangement to designate at least one employee to
  serve as the district's or shared services arrangement's designee
  on transition and employment services for students enrolled in
  special education programs under this subchapter.  The commissioner
  shall develop minimum training guidelines for a district's or
  shared services arrangement's designee.  An individual designated
  under this subsection must provide information and resources about
  effective transition planning and services and interagency
  coordination to ensure that local school staff communicate and
  collaborate with:
               (1)  students enrolled in special education programs
  under this subchapter and the parents of those students; and
               (2)  as appropriate, local and regional staff of the:
                     (A)  Health and Human Services Commission;
                     (B)  Texas Workforce Commission [Department of
  Aging and Disability Services];
                     (C)  [Department of Assistive and Rehabilitative
  Services;
                     [(D)]  Department of State Health Services; and
                     (D)  [(E)] Department of Family and Protective
  Services.
         SECTION 1.12.  Section 29.012(d), Education Code, is amended
  to read as follows:
         (d)  The agency [Texas Education Agency], the Health and
  Human Services Commission, the Texas Workforce Commission, and the
  Department of Family and Protective Services [Texas Department of
  Mental Health and Mental Retardation, the Texas Department of Human
  Services, the Texas Department of Health, the Department of
  Protective and Regulatory Services, the Interagency Council on
  Early Childhood Intervention, the Texas Commission on Alcohol and
  Drug Abuse, and the Texas Juvenile Justice Department] by a
  cooperative effort shall develop and by rule adopt a memorandum of
  understanding.  The memorandum must:
               (1)  establish the respective responsibilities of
  school districts and of residential facilities for the provision of
  a free, appropriate public education, as required by the
  Individuals with Disabilities Education Act (20 U.S.C. Section 1400
  et seq.) and its subsequent amendments, including each requirement
  for children with disabilities who reside in those facilities;
               (2)  coordinate regulatory and planning functions of
  the parties to the memorandum;
               (3)  establish criteria for determining when a public
  school will provide educational services;
               (4)  provide for appropriate educational space when
  education services will be provided at the residential facility;
               (5)  establish measures designed to ensure the safety
  of students and teachers; and
               (6)  provide for binding arbitration consistent with
  Chapter 2009, Government Code, and Section 154.027, Civil Practice
  and Remedies Code.
         SECTION 1.13.  Section 29.015(b), Education Code, is amended
  to read as follows:
         (b)  A foster parent may act as a parent of a child with a
  disability, as authorized under 20 U.S.C. Section 1415(b) and its
  subsequent amendments, if:
               (1)  the Department of Family and Protective [and
  Regulatory] Services is appointed as the temporary or permanent
  managing conservator of the child;
               (2)  the child has been placed with the foster parent
  for at least 60 days;
               (3)  the foster parent agrees to:
                     (A)  participate in making educational decisions
  on the child's behalf; and
                     (B)  complete a training program for surrogate
  parents that complies with minimum standards established by agency
  rule; and
               (4)  the foster parent has no interest that conflicts
  with the child's interests.
         SECTION 1.14.  Section 29.081(d), Education Code, is amended
  to read as follows:
         (d)  For purposes of this section, "student at risk of
  dropping out of school" includes each student who is under 26 years
  of age and who:
               (1)  was not advanced from one grade level to the next
  for one or more school years;
               (2)  if the student is in grade 7, 8, 9, 10, 11, or 12,
  did not maintain an average equivalent to 70 on a scale of 100 in two
  or more subjects in the foundation curriculum during a semester in
  the preceding or current school year or is not maintaining such an
  average in two or more subjects in the foundation curriculum in the
  current semester;
               (3)  did not perform satisfactorily on an assessment
  instrument administered to the student under Subchapter B, Chapter
  39, and who has not in the previous or current school year
  subsequently performed on that instrument or another appropriate
  instrument at a level equal to at least 110 percent of the level of
  satisfactory performance on that instrument;
               (4)  if the student is in prekindergarten,
  kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
  a readiness test or assessment instrument administered during the
  current school year;
               (5)  is pregnant or is a parent;
               (6)  has been placed in a disciplinary [an] alternative
  education program in accordance with Section 37.006 during the
  preceding or current school year;
               (7)  has been expelled in accordance with Section
  37.007 during the preceding or current school year;
               (8)  is currently on parole, probation, deferred
  prosecution, or other conditional release;
               (9)  was previously reported through the Public
  Education Information Management System (PEIMS) to have dropped out
  of school;
               (10)  is a student of limited English proficiency, as
  defined by Section 29.052;
               (11)  is in the custody or care of the Department of
  Family and Protective [and Regulatory] Services or has, during the
  current school year, been referred to the department by a school
  official, officer of the juvenile court, or law enforcement
  official;
               (12)  is homeless, as defined by 42 U.S.C. Section
  11302, and its subsequent amendments; or
               (13)  resided in the preceding school year or resides
  in the current school year in a residential placement facility in
  the district, including a detention facility, substance abuse
  treatment facility, emergency shelter, psychiatric hospital,
  halfway house, or foster group home.
         SECTION 1.15.  Section 30.0015(b), Education Code, is
  amended to read as follows:
         (b)  The agency by rule shall develop and annually
  disseminate standards for a school district's transfer of an
  assistive technology device to an entity listed in this subsection
  when a student with a disability using the device changes the school
  of attendance in the district or ceases to attend school in the
  district that purchased the device and the student's parents, or
  the student if the student has the legal capacity to enter into a
  contract, agrees to the transfer. The device may be transferred to:
               (1)  the school or school district in which the student
  enrolls;
               (2)  a state agency, including the Health and Human
  Services [Texas Rehabilitation] Commission and the Texas Workforce
  Commission [Department of Mental Health and Mental Retardation],
  that provides services to the student following the student's
  graduation from high school; or
               (3)  the student's parents, or the student if the
  student has the legal capacity to enter into a contract.
         SECTION 1.16.  Section 30.002(b), Education Code, is amended
  to read as follows:
         (b)  The agency shall:
               (1)  develop standards and guidelines for all special
  education services for children with visual impairments that it is
  authorized to provide or support under this code;
               (2)  supervise regional education service centers and
  other entities in assisting school districts in serving children
  with visual impairments more effectively;
               (3)  develop and administer special education services
  for students with both serious visual and auditory impairments;
               (4)  evaluate special education services provided for
  children with visual impairments by school districts and approve or
  disapprove state funding of those services; and
               (5)  maintain an effective liaison between special
  education programs provided for children with visual impairments by
  school districts and related initiatives of the Health and Human
  Services Commission [Department of Assistive and Rehabilitative
  Services Division for Blind Services], the Department of State
  Health Services Mental Health and Substance Abuse Division, the
  Texas Workforce Commission [School for the Blind and Visually
  Impaired], and other related programs, agencies, or facilities as
  appropriate.
         SECTION 1.17.  The heading to Section 38.007, Education
  Code, is amended to read as follows:
         Sec. 38.007.  DRUG-FREE AND ALCOHOL-FREE SCHOOL ZONES.
         SECTION 1.18.  Section 38.007(b), Education Code, is amended
  to read as follows:
         (b)  The board of trustees of a school district shall attempt
  to provide a safe drug-free and alcohol-free environment to
  students coming to or going from school. The board of trustees
  shall [may] cooperate with local law enforcement officials and the
  Texas Alcoholic Beverage Commission in attempting to provide this
  environment and in enforcing Sections 101.75, 109.33, and 109.59,
  Alcoholic Beverage Code. Additionally, the board, if a majority of
  the area of a district is located in a municipality with a
  population of 900,000 or more, may petition the commissioners court
  of the county in which the district is located or the governing
  board of an incorporated city or town in which the district is
  located to adopt a 1,000-foot zone under Section 109.33, Alcoholic
  Beverage Code.
         SECTION 1.19.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.0101 to read as follows:
         Sec. 38.0101.  AUTHORITY TO EMPLOY NONPHYSICIAN MENTAL
  HEALTH PROFESSIONAL. (a) A school district may employ a
  nonphysician mental health professional.
         (b)  In this section, "nonphysician mental health
  professional" means:
               (1)  a psychologist licensed to practice in this state
  and designated as a health-service provider;
               (2)  a registered nurse with a master's or doctoral
  degree in psychiatric nursing;
               (3)  a licensed clinical social worker; or
               (4)  a professional counselor licensed to practice in
  this state.
         SECTION 1.20.  Section 38.013(a), Education Code, is amended
  to read as follows:
         (a)  The agency shall make available to each school district
  one or more coordinated health programs [designed to prevent
  obesity, cardiovascular disease, oral diseases, and Type 2
  diabetes] in elementary school, middle school, and junior high
  school [students]. Each program must provide for coordinating
  education and services related to:
               (1)  physical health education, including programs
  designed to prevent obesity, cardiovascular disease, oral
  diseases, and Type 2 diabetes and programs designed to promote the
  role of proper nutrition [oral health education];
               (2)  mental health education, including education
  about mental health conditions and mental health wellness;
               (3)  substance abuse education, including education
  about alcohol abuse, prescription drug abuse, and abuse of other
  controlled substances;
               (4)  physical education and physical activity; and
               (5) [(3)  nutrition services; and
               [(4)]  parental involvement.
         SECTION 1.21.  Sections 38.016(a) and (c), Education Code,
  are amended to read as follows:
         (a)  In this section:
               (1)  "Nonphysician mental health professional" has the
  meaning assigned by Section 38.0101.
               (2)  "Parent" includes a guardian or other person
  standing in parental relation.
               (3) [(2)]  "Psychotropic drug" means a substance that
  is:
                     (A)  used in the diagnosis, treatment, or
  prevention of a disease or as a component of a medication; and
                     (B)  intended to have an altering effect on
  perception, emotion, or behavior.
         (c)  Subsection (b) does not:
               (1)  prevent an appropriate referral under the child
  find system required under 20 U.S.C. Section 1412, as amended; [or]
               (2)  prohibit a school district employee who is a
  registered nurse, advanced nurse practitioner, physician, or
  nonphysician mental health professional [certified or
  appropriately credentialed mental health professional] from
  recommending that a child be evaluated by a physician or
  nonphysician mental health professional [an appropriate medical
  practitioner]; or
               (3)  prohibit a school employee from discussing any
  aspect of a child's behavior or academic progress with the child's
  parent or another school district employee.
         SECTION 1.22.  Section 38.051(b), Education Code, is amended
  to read as follows:
         (b)  On the recommendation of an advisory council
  established under Section 38.058 or on the initiative of the board
  of trustees or the governing body of an open-enrollment charter
  school, a school district or open-enrollment charter school may
  establish a school-based health center at one or more campuses [in
  the district] to meet the health care needs of students and their
  families.
         SECTION 1.23.  Section 38.054, Education Code, is amended to
  read as follows:
         Sec. 38.054.  CATEGORIES OF SERVICES.  The permissible
  categories of services are:
               (1)  family and home support;
               (2)  physical health care, including immunizations;
               (3)  dental health care;
               (4)  health education; [and]
               (5)  preventive health strategies; and
               (6)  treatment for mental health conditions or
  substance abuse.
         SECTION 1.24.  Section 38.057(b), Education Code, is amended
  to read as follows:
         (b)  If it is determined that a student is in need of a
  referral for physical health services or mental health services,
  the staff of the center shall notify the person whose consent is
  required under Section 38.053 verbally and in writing of the basis
  for the referral. The referral may not be provided unless the
  person provides written consent for the type of service to be
  provided and provides specific written consent for each treatment
  occasion or for a course of treatment that includes multiple
  treatment occasions of the same type of service.
         SECTION 1.25.  Section 38.058, Education Code, is amended to
  read as follows:
         Sec. 38.058.  HEALTH EDUCATION AND HEALTH CARE ADVISORY
  COUNCIL. (a) The board of trustees of a school district or the
  governing body of an open-enrollment charter school may establish
  and appoint members to a local health education and health care
  advisory council to make recommendations to the district or school
  on the establishment of school-based health centers and to assist
  the district or school in ensuring that local community values are
  reflected in the operation of each center and in the provision of
  health education.
         (b)  A majority of the members of the council must be parents
  of students enrolled in the school district or open-enrollment
  charter school. In addition to the appointees who are parents of
  students, the board of trustees or governing body shall also
  appoint at least one person from each of the following groups:
               (1)  teachers;
               (2)  school administrators;
               (3)  licensed health care professionals;
               (4)  the clergy;
               (5)  law enforcement;
               (6)  the business community;
               (7)  senior citizens; and
               (8)  students.
         SECTION 1.26.  Subchapter B, Chapter 38, Education Code, is
  amended by adding Section 38.0591 to read as follows:
         Sec. 38.0591.  ACCESS TO MENTAL HEALTH SERVICES. The
  agency, in cooperation with the Health and Human Services
  Commission, shall develop guidelines for school districts
  regarding:
               (1)  partnering with a local mental health authority
  and with community mental health services providers and substance
  abuse services providers to increase student access to school-based
  mental health services; and
               (2)  obtaining school-based mental health services
  through the medical assistance program under Chapter 32, Human
  Resources Code.
         SECTION 1.27.  Section 38.060(c), Education Code, is amended
  to read as follows:
         (c)  The school district or open-enrollment charter school
  [council] shall keep a record of efforts made to coordinate with
  existing providers.
         SECTION 1.28.  Subchapter O-1, Chapter 161, Health and
  Safety Code, is transferred to Chapter 38, Education Code,
  redesignated as Subchapter G, Chapter 38, Education Code, and
  amended to read as follows:
  SUBCHAPTER G [O-1]. MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH
  SUICIDE
         Sec. 38.301 [161.325].  MENTAL HEALTH PROMOTION AND
  INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND
  SUICIDE PREVENTION. (a) The agency [department], in coordination
  with the Health and Human Services Commission [Texas Education
  Agency] and regional education service centers, shall provide and
  annually update a list of recommended best practice-based programs
  in the areas specified under Subsection (c) [(a-1)] for
  implementation in public elementary, junior high, middle, and high
  schools within the general education setting. The agency, the
  Health and Human Services Commission, and each regional education
  service center shall each publish the list on their Internet
  websites in an easily accessible, searchable, and user-friendly
  format.
         (b)  Each school district may select from the list provided
  under Subsection (a) a program or programs appropriate for
  implementation in the district.
         (c) [(a-1)]  The list provided under Subsection (a) must
  include programs in the following areas:
               (1)  early mental health intervention;
               (2)  mental health promotion [and positive youth
  development];
               (3)  substance abuse prevention;
               (4)  substance abuse intervention; [and]
               (5)  suicide prevention;
               (6)  grief-informed and trauma-informed practices;
               (7)  building skills related to managing emotions,
  establishing and maintaining positive relationships, and
  responsible decision-making;
               (8)  positive behavior interventions and supports, and
  positive youth development; and
               (9)  safe and supportive school climate.
         (d)  [(a-2)     The department, the Texas Education Agency, and
  each regional education service center shall make the list easily
  accessible on their websites.
         [(b)]  The suicide prevention programs on the list provided
  under Subsection (a) must include components that provide for
  training counselors, teachers, nurses, administrators, and other
  staff, as well as law enforcement officers and social workers who
  regularly interact with students, to:
               (1)  recognize students at risk of committing suicide,
  including students who are or may be the victims of or who engage in
  bullying;
               (2)  recognize students displaying early warning signs
  and a possible need for early mental health or substance abuse
  intervention, which warning signs may include declining academic
  performance, depression, anxiety, isolation, unexplained changes
  in sleep or eating habits, and destructive behavior toward self and
  others; and
               (3)  intervene effectively with students described by
  Subdivision (1) or (2) by providing notice and referral to a parent
  or guardian so appropriate action, such as seeking mental health or
  substance abuse services, may be taken by a parent or guardian.
         (e) [(c)]  In developing the list of programs, the agency 
  [department] and the Health and Human Services Commission [Texas
  Education Agency] shall consider:
               (1)  any existing suicide prevention method developed
  by a school district; and
               (2)  any Internet or online course or program developed
  in this state or another state that is based on best practices
  recognized by the Substance Abuse and Mental Health Services
  Administration or the Suicide Prevention Resource Center.
         (f) [(c-1)]  Except as otherwise provided by this
  subsection, each school district shall provide training described
  in the components set forth under Subsection (d) [(b)] for
  teachers, counselors, principals, and all other appropriate
  personnel. A school district is required to provide the training at
  an elementary school campus only to the extent that sufficient
  funding and programs are available. A school district may
  implement a program on the list to satisfy the requirements of this
  subsection.
         (g) [(c-2)]  If a school district provides the training
  under Subsection (f) [(c-1)]:
               (1)  a school district employee described under that
  subsection must participate in the training at least one time; and
               (2)  the school district shall maintain records that
  include the name of each district employee who participated in the
  training.
         (h)  A [(d)  The board of trustees of each] school district
  shall develop practices and procedures [may adopt a policy]
  concerning each area listed in Subsection (c), including mental
  health promotion and intervention, substance abuse prevention and
  intervention, and suicide prevention that:
               (1)  includes [establishes] a procedure for providing
  notice of a recommendation for early mental health or substance
  abuse intervention regarding a student to a parent or guardian of
  the student within a reasonable amount of time after the
  identification of early warning signs as described by Subsection
  (d)(2) [(b)(2)];
               (2)  includes [establishes] a procedure for providing
  notice of a student identified as at risk of committing suicide to a
  parent or guardian of the student within a reasonable amount of time
  after the identification of early warning signs as described by
  Subsection (d)(2) [(b)(2)];
               (3)  establishes that the district may develop a
  reporting mechanism and may designate at least one person to act as
  a liaison officer in the district for the purposes of identifying
  students in need of early mental health or substance abuse
  intervention or suicide prevention; and
               (4)  sets out available counseling alternatives for a
  parent or guardian to consider when their child is identified as
  possibly being in need of early mental health or substance abuse
  intervention or suicide prevention.
         (i) [(e)]  The practices and procedures developed under
  Subsection (h) [policy] must prohibit the use without the prior
  consent of a student's parent or guardian of a medical screening of
  the student as part of the process of identifying whether the
  student is possibly in need of early mental health or substance
  abuse intervention or suicide prevention.
         (j) [(f)]  The practices [policy] and [any necessary]
  procedures developed [adopted] under Subsection (h) [(d)] must be
  included in:
               (1)  the annual student handbook; and
               (2)  the district improvement plan under Section
  11.252[, Education Code].
         (k) [(g)]  The agency, the Health and Human Services
  Commission, and each regional education service center:
               (1)  [department] may accept donations for purposes of
  this section from sources without a conflict of interest; and
               (2)  [. The department] may not accept donations for
  purposes of this section from an anonymous source.
         (l) [(i)]  Nothing in this section is intended to interfere
  with the rights of parents or guardians and the decision-making
  regarding the best interest of the child. Practices [Policy] and
  procedures developed [adopted] in accordance with this section are
  intended to notify a parent or guardian of a need for mental health
  or substance abuse intervention so that a parent or guardian may
  take appropriate action. Nothing in this section shall be
  construed as giving school districts the authority to prescribe
  medications. Any and all medical decisions are to be made by a
  parent or guardian of a student.
         Sec. 38.302 [161.326].  IMMUNITY. This subchapter does not:
               (1)  waive any immunity from liability of a school
  district or of district school officers or employees;
               (2)  create any liability for a cause of action against
  a school district or against district school officers or employees;
  or
               (3)  waive any immunity from liability under Section
  74.151, Civil Practice and Remedies Code.
  ARTICLE 2. CONFORMING AMENDMENTS
         SECTION 2.01.  Section 74.151(e), Civil Practice and
  Remedies Code, is amended to read as follows:
         (e)  Except as provided by this subsection, this section does
  not apply to a person whose negligent act or omission was a
  producing cause of the emergency for which care is being
  administered. This subsection does not apply to liability of a
  school district or district school officer or employee arising from
  an act or omission under a program or practice [policy] or procedure
  developed [adopted] under Subchapter G, Chapter 38, Education [O-1,
  Chapter 161, Health and Safety] Code, other than liability arising
  from wilful or intentional misconduct.
         SECTION 2.02.  Section 38.0141, Education Code, is amended
  to read as follows:
         Sec. 38.0141.  REPORTING OF CERTAIN HEALTH AND SAFETY
  INFORMATION REQUIRED. Each school district shall provide to the
  agency information as required by the commissioner, including
  statistics and data, relating to student health and physical
  activity and information described by Sections 28.004(k)(2), (3),
  and (4) [Section 28.004(k),] presented in a form determined by the
  commissioner. The district shall provide the information required
  by this section for the district and for each campus in the
  district.
  ARTICLE 3. REPEALER; TRANSITION; EFFECTIVE DATE
         SECTION 3.01.  The following provisions of the Education
  Code are repealed:
               (1)  Section 21.463; and
               (2)  Section 28.002(w).
         SECTION 3.02.  (a)  Not later than December 1, 2017, the Texas
  Education Agency, in cooperation with the Health and Human Services
  Commission, shall establish the Internet website to provide
  resources for school employees, as required by Section 21.462,
  Education Code, as added by this Act.
         (b)  Not later than March 1, 2018:
               (1)  the State Board for Educator Certification shall
  propose rules under Section 21.054, Education Code, to comply with
  the changes in law made to that section by this Act; and
               (2)  the Texas Education Agency, in cooperation with
  the Health and Human Services Commission, shall develop the
  guidelines required by Section 38.0591, Education Code, as added by
  this Act.
         (c)  Not later than August 1, 2018, the Texas Education
  Agency, in coordination with the Health and Human Services
  Commission and regional education service centers, shall provide a
  list of recommended best practice-based programs as required by
  Section 38.301, Education Code, as transferred, redesignated, and
  amended by this Act.
         SECTION 3.03.  Any change in law made by this Act that
  imposes a new duty or requirement on a school district or an
  open-enrollment charter school applies beginning with the
  2018-2019 school year.
         SECTION 3.04.  This Act takes effect September 1, 2017.
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