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

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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.

Sponsorship: Slight Partisan Bill (Democrat 5-3)

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

Download: Texas-2017-HB11-Comm_Sub.html

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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.