Bill Text: TX HB2095 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the availability of certain behavioral health professionals at certain public schools.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2019-03-06 - Referred to Public Education [HB2095 Detail]

Download: Texas-2019-HB2095-Introduced.html
  86R6300 GCB-F
 
  By: Coleman H.B. No. 2095
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the availability of certain behavioral health
  professionals at certain public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 33, Education Code, is
  amended by adding Section 33.911 to read as follows:
         Sec. 33.911.  BEHAVIORAL HEALTH PROFESSIONAL. (a) In this
  section, "behavioral health professional" means:
               (1)  a licensed specialist in school psychology
  licensed under Chapter 501, Occupations Code;
               (2)  a licensed professional counselor licensed under
  Chapter 503, Occupations Code;
               (3)  a licensed clinical social worker licensed under
  Chapter 505, Occupations Code; or
               (4)  a school counselor with an appropriate certificate
  or permit issued under Subchapter B, Chapter 21.
         (b)  A school district that receives additional state aid
  under Section 42.25185 shall:
               (1)  assign a behavioral health professional to each
  campus in the district; or
               (2)  ensure the services of a behavioral health
  professional are provided to students at each campus in the
  district through a contract with one or more behavioral health
  professionals or a private or nonprofit organization that employs
  or provides the services of behavioral health professionals.
         (c)  A school district may not require a behavioral health
  professional assigned under this section to administer assessment
  instruments or provide other assistance in connection with
  assessment instruments.
         SECTION 2.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.0016 to read as follows:
         Sec. 37.0016.  REFERRAL TO BEHAVIORAL HEALTH SERVICES. (a)  
  If an educator notifies the campus behavior coordinator designated
  under Section 37.0012 about a concern regarding the behavioral
  health of a student enrolled at the campus, the campus behavior
  coordinator shall consult with the student's parent or guardian and
  if appropriate make a referral of opportunities for the student to
  access behavioral health services.
         (b)  A referral made under Subsection (a) must include
  behavioral health services from a behavioral health professional,
  as defined by Section 33.911, who provides services at the campus in
  a manner provided by that section.
         (c)  If the services of a behavioral health professional are
  not provided at the campus in the manner described by Section
  33.911, a referral made under Subsection (a) may include a referral
  for behavioral health services from a local mental health authority
  or a private or community-based provider of behavioral health
  services.
         (d)  If Subsection (c) applies and during the consultation
  under Subsection (a), the student's parent or guardian informs the
  campus behavior coordinator that the parent or guardian is not able
  to pay for behavioral health services and that the student is not
  covered under a health insurance policy or other health benefit
  plan, the campus behavior coordinator, with the consent of the
  parent or guardian, shall coordinate with available
  community-based organizations, faith-based organizations, or other
  appropriate providers to secure behavioral health services for the
  student.
         (e)  The campus behavior coordinator shall annually report
  to the campus principal the number of students for which a referral
  for behavioral health services is made under this section. The
  report must include, for each student for whom a referral is made,
  the student's:
               (1)  disability status;
               (2)  race; and
               (3)  sex.
         SECTION 3.  Subchapter E, Chapter 42, Education Code, is
  amended by adding Section 42.25185 to read as follows:
         Sec. 42.25185.  ADDITIONAL STATE AID FOR BEHAVIORAL HEALTH
  PROFESSIONALS. (a)  For each school year, the commissioner may
  provide additional state aid to each school district in an amount,
  as determined by the commissioner, sufficient to assist the
  district in employing or contracting for the services of behavioral
  health professionals under Section 33.911, if funds are available
  for that purpose.
         (b)  The commissioner shall adopt rules as necessary to
  administer this section.
         SECTION 4.  This Act applies beginning with the 2020-2021
  school year.
         SECTION 5.  This Act takes effect September 1, 2019.
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