Bill Text: TX HB1467 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a mental health professional to school law enforcement official ratio for public schools.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-03-26 - Left pending in committee [HB1467 Detail]
Download: Texas-2019-HB1467-Introduced.html
86R7843 SOS-D | ||
By: Talarico | H.B. No. 1467 |
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relating to a mental health professional to school law enforcement | ||
official ratio for public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 37, Education Code, is | ||
amended by adding Section 37.0816 to read as follows: | ||
Sec. 37.0816. MENTAL HEALTH PROFESSIONAL TO SCHOOL LAW | ||
ENFORCEMENT OFFICIAL RATIOS. (a) In this section: | ||
(1) "Mental health professional" means: | ||
(A) a school counselor certified under | ||
Subchapter B, Chapter 21; | ||
(B) a licensed specialist in school psychology, | ||
as defined by Section 501.002, Occupations Code; | ||
(C) a licensed professional counselor, as | ||
defined by Section 503.002, Occupations Code; or | ||
(D) a licensed clinical social worker, as defined | ||
by Section 505.002, Occupations Code. | ||
(2) "School district peace officer" means a peace | ||
officer commissioned under Section 37.081. | ||
(3) "School law enforcement official" means: | ||
(A) a security officer employed by a school | ||
district or open-enrollment charter school; | ||
(B) a person who provides security services under | ||
a contract with a school district or open-enrollment charter | ||
school; | ||
(C) a school district peace officer; or | ||
(D) a school resource officer who provides a | ||
regular presence on a school district or open-enrollment charter | ||
school campus under a memorandum of understanding between the | ||
district or school and a local law enforcement agency. | ||
(b) A school district or open-enrollment charter school | ||
that employs, commissions, or contracts for the services of a | ||
school law enforcement official to carry out this subchapter shall | ||
maintain a mental health professional to school law enforcement | ||
official ratio that is not less than: | ||
(1) four mental health professionals for each school | ||
law enforcement official if the district or school has a student | ||
enrollment of 5,000 or more students; | ||
(2) three mental health professionals for each school | ||
law enforcement official if the district or school has a student | ||
enrollment of more than 500 and less than 5,000; and | ||
(3) two mental health professionals for each school | ||
law enforcement official if the district or school has a student | ||
enrollment of 500 or less. | ||
(c) A school district or open-enrollment charter school may | ||
apply under Section 7.056 to the commissioner for a waiver of the | ||
ratio requirement imposed under Subsection (b). In addition to the | ||
requirements under Section 7.056(b), a school district or | ||
open-enrollment charter school requesting a waiver shall submit to | ||
the commissioner within the period prescribed by Section 7.056(b) | ||
documentation approved by the board of trustees of the district or | ||
the governing body of the school showing that the district or school | ||
made a good faith but unsuccessful attempt to obtain the applicable | ||
number of mental health professionals required under Subsection | ||
(b). | ||
(c-1) Notwithstanding Subsection (c), a school district or | ||
open-enrollment charter school that applies under Section 7.056(b) | ||
to the commissioner for a waiver of the ratio requirement imposed | ||
under Subsection (b) of this section for the 2019-2020 school year | ||
is not required to submit documentation showing that the district | ||
or school made a good faith but unsuccessful attempt to obtain the | ||
applicable number of mental health professionals required under | ||
Subsection (b). This subsection expires September 1, 2020. | ||
(d) A school district or open-enrollment charter school | ||
that receives a waiver of the ratio requirement imposed under | ||
Subsection (b) shall ensure that each school law enforcement | ||
official complete appropriate training by: | ||
(1) verifying that each school law enforcement | ||
official subject to Section 1701.263, Occupations Code, has | ||
completed the required education and training program; and | ||
(2) for any school law enforcement official who is not | ||
subject to Section 1701.263, Occupations Code, requiring the | ||
official to complete: | ||
(A) the model training curriculum developed | ||
under Section 1701.262, Occupations Code, if the official is a | ||
school district peace officer or school resource officer; | ||
(B) positive behavior interventions and supports | ||
training provided by a regional education service center; or | ||
(C) a school safety course provided by the Texas | ||
School Safety Center under Section 37.205. | ||
SECTION 2. The changes in law made by this Act apply | ||
beginning with the 2019-2020 school year. | ||
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, 2019. |