Bill Text: TX HB4083 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the assignment of certain behavioral health professionals to a public school campus.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Public Education [HB4083 Detail]
Download: Texas-2021-HB4083-Introduced.html
| 87R3873 GCB-D | ||
| By: Talarico | H.B. No. 4083 | |
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| relating to the assignment of certain behavioral health | ||
| professionals to a public school campus. | ||
| 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 with 400 or more students in average | ||
| daily attendance shall assign one behavioral health professional | ||
| for every 400 students in average daily attendance in the district. | ||
| (c) In addition to other duties, the duties of a behavioral | ||
| health professional assigned under this section must include the | ||
| following: | ||
| (1) assisting students in confidential counseling | ||
| matters; | ||
| (2) providing students and parents the counseling | ||
| required by Section 28.025(b); or | ||
| (3) a combination of the duties described by | ||
| Subdivisions (1) and (2). | ||
| (d) A school district that requires a behavioral health | ||
| professional to provide students and parents the counseling | ||
| required by Section 28.025(b) must ensure the behavioral health | ||
| professional receives training in providing that counseling. | ||
| (e) A school counselor assigned under this section shall: | ||
| (1) fulfill the requirements of a school counselor | ||
| under Subchapter A; | ||
| (2) develop and administer personal graduation plans | ||
| under Section 28.0212; and | ||
| (3) review personal graduation plan options with each | ||
| student entering grade nine, as required by Section 28.02121(c). | ||
| (f) A behavioral health professional assigned under this | ||
| section must comply with guidelines concerning parental consent | ||
| adopted under Section 33.003 and may not consult with a student | ||
| without the permission of the student's parent or guardian unless: | ||
| (1) the safety of the student is at issue; | ||
| (2) the student is at risk of being involved in | ||
| domestic violence; or | ||
| (3) a court order allows or requires the consultation | ||
| without the permission. | ||
| (g) Before implementing a comprehensive and developmental | ||
| guidance and counseling program, a behavioral health professional | ||
| shall conduct a preview of the program for parents and guardians, as | ||
| required by Section 33.004(b). | ||
| (h) 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, except that a school district may require | ||
| the behavioral health professional to engage in the interpretation | ||
| of data obtained from the administration of assessment instruments. | ||
| (i) A behavioral health professional assigned under this | ||
| section may serve more than one campus of the district provided the | ||
| ratio of students to behavioral health professionals does not | ||
| exceed 600 to 1. This subsection expires December 31, 2026. | ||
| (j) Beginning January 1, 2027, a behavioral health | ||
| professional assigned under this section may serve more than one | ||
| campus of the district provided the ratio of students to behavioral | ||
| health professionals does not exceed 520 to 1. | ||
| SECTION 2. A school district shall employ a behavioral | ||
| health professional, as required by Section 33.911, Education Code, | ||
| as added by this Act, as soon as practicable after the effective | ||
| date of this Act. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
