Bill Text: TX HB906 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the establishment of a collaborative task force to study certain public school mental health services.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Passed) 2019-06-14 - Effective immediately [HB906 Detail]

Download: Texas-2019-HB906-Enrolled.html
 
 
  H.B. No. 906
 
 
 
 
AN ACT
  relating to the establishment of a collaborative task force to
  study certain public school mental health services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 38, Education Code, is amended by adding
  Subchapter F to read as follows:
  SUBCHAPTER F. COLLABORATIVE TASK FORCE ON PUBLIC SCHOOL MENTAL
  HEALTH SERVICES
         Sec. 38.301.  DEFINITIONS. In this subchapter:
               (1)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
               (2)  "Task force" means the Collaborative Task Force on
  Public School Mental Health Services.
         Sec. 38.302.  ESTABLISHMENT. The Collaborative Task Force
  on Public School Mental Health Services is established to study and
  evaluate:
               (1)  mental health services that are funded by this
  state and provided at a school district or open-enrollment charter
  school directly to:
                     (A)  a student enrolled in the district or school;
                     (B)  a parent or family member of or person
  standing in parental relation to a student enrolled in the district
  or school; or
                     (C)  an employee of the district or school;
               (2)  training provided to an educator employed by the
  district or school to provide the mental health services described
  by Subdivision (1); and
               (3)  the impact the mental health services described by
  Subdivision (1) have on:
                     (A)  the number of violent incidents that occur at
  school districts or open-enrollment charter schools;
                     (B)  the suicide rate of the individuals who are
  provided the mental health services described by Subdivision (1);
                     (C)  the number of public school students referred
  to the Department of Family and Protective Services for
  investigation services and the reasons for those referrals;
                     (D)  the number of individuals who are transported
  from each school district or open-enrollment charter school for an
  emergency detention under Chapter 573, Health and Safety Code; and
                     (E)  the number of public school students referred
  to outside counselors in accordance with Section 38.010.
         Sec. 38.303.  MEMBERSHIP. (a)  The task force is composed
  of:
               (1)  the commissioner or the commissioner's designee;
               (2)  the following additional members appointed by the
  commissioner:
                     (A)  three parents of students who are enrolled in
  school districts or open-enrollment charter schools and receive the
  mental health services described by Section 38.302(1);
                     (B)  one person who provides the mental health
  services described by Section 38.302(1) or the training described
  by Section 38.302(2) and who is:
                           (i)  a licensed professional counselor, as
  defined by Section 503.002, Occupations Code;
                           (ii)  a licensed clinical social worker, as
  defined by Section 505.002, Occupations Code; or
                           (iii)  a school counselor certified under
  Subchapter B, Chapter 21;
                     (C)  one person who is a psychiatrist;
                     (D)  two persons who are administrators of
  districts or schools that provide the mental health services
  described by Section 38.302(1) or the training described by Section
  38.302(2);
                     (E)  one person who is a member of a foundation
  that invests in the mental health services described by Section
  38.302(1) or the training described by Section 38.302(2);
                     (F)  one person who is an employee of an
  institution of higher education designated under Section 38.307;
  and
                     (G)  one person who is a licensed specialist in
  school psychology, as defined by Section 501.002, Occupations Code;
  and
               (3)  for any other entity the task force considers
  necessary, one person appointed by the task force for each such
  entity.
         (b)  Appointments to the task force shall be made without
  regard to the race, color, disability, sex, religion, age, or
  national origin of the appointee.
         (c)  Chapter 2110, Government Code, does not apply to the
  task force.
         Sec. 38.304.  OFFICERS. (a) The commissioner is designated
  as the interim presiding officer for purposes of calling and
  conducting the initial meeting of the task force.
         (b)  The task force:
               (1)  shall at its initial meeting select a presiding
  officer from among its members for the purpose of calling and
  conducting meetings; and
               (2)  may select an assistant presiding officer and a
  secretary from among its members.
         Sec. 38.305.  COMPENSATION; REIMBURSEMENT. A member of the
  task force may not receive compensation or reimbursement for
  service on the task force.
         Sec. 38.306.  MEETINGS. (a) After its initial meeting, the
  task force shall meet at least twice each year at a time and place
  determined by the presiding officer.
         (b)  The task force may meet at other times the task force
  considers appropriate.  The presiding officer may call a meeting on
  the officer's own motion.
         (c)  The task force may meet by teleconference.
         Sec. 38.307.  SUPPORT SERVICES FOR TASK FORCE. (a) The
  commissioner shall designate one institution of higher education
  with experience in evaluating mental health services to serve as
  the lead institution for the task force. The institution
  designated under this subsection shall provide faculty, staff, and
  administrative support services to the task force as determined
  necessary by the task force to administer this subchapter.
         (b)  The commissioner shall designate two institutions of
  higher education with experience in evaluating mental health
  services to assist the task force and the lead institution
  designated under Subsection (a) as determined necessary by the task
  force to administer this subchapter.
         (c)  In making a designation under this section, the
  commissioner shall give preference to at least one predominantly
  black institution, as defined by 20 U.S.C. Section 1067q(c)(9).
         (d)  On request of the task force, the agency, a school
  district, or an open-enrollment charter school shall provide
  information or other assistance to the task force.
         (e)  The agency shall maintain the data collected by the task
  force and the work product of the task force in accordance with:
               (1)  the agency's information security plan under
  Section 2054.133, Government Code; and
               (2)  the agency's records retention schedule under
  Section 441.185, Government Code.
         Sec. 38.308.  DUTIES OF TASK FORCE. The task force shall:
               (1)  gather data on:
                     (A)  the number of students enrolled in each
  school district and open-enrollment charter school;
                     (B)  the number of individuals to whom each school
  district or open-enrollment charter school provides the mental
  health services described by Section 38.302(1);
                     (C)  the number of individuals for whom each
  school district or open-enrollment charter school has the resources
  to provide the mental health services described by Section
  38.302(1);
                     (D)  the number of individuals described by
  Paragraph (B) who are referred to an inpatient or outpatient mental
  health provider;
                     (E)  the number of individuals who are transported
  from each school district or open-enrollment charter school for an
  emergency detention under Chapter 573, Health and Safety Code; and
                     (F)  the race, ethnicity, gender, special
  education status, educationally disadvantaged status, and
  geographic location of:
                           (i)  individuals who are provided the mental
  health services described by Section 38.302(1);
                           (ii)  individuals who are described by
  Paragraph (D); and
                           (iii)  individuals who are described by
  Paragraph (E); and
               (2)  study, evaluate, and make recommendations
  regarding the mental health services described by Section
  38.302(1), the training described by Section 38.302(2), and the
  impact of those mental health services, as described by Section
  38.302(3), including addressing:
                     (A)  the outcomes and the effectiveness of the
  services and training provided, including the outcomes and
  effectiveness of the service and training providers and the
  programs under which services and training are provided, in:
                           (i)  improving student academic achievement
  and attendance;
                           (ii)  reducing student disciplinary
  proceedings, suspensions, placements in a disciplinary alternative
  education program, and expulsions; and
                           (iii)  delivering prevention and
  intervention services to promote early mental health skills,
  including:
                                 (a)  building skills relating to
  managing emotions, establishing and maintaining positive
  relationships, and making responsible decisions;
                                 (b)  preventing substance abuse;
                                 (c)  preventing suicides;
                                 (d)  adhering to the purpose of the
  relevant program services or training;
                                 (e)  promoting trauma-informed
  practices;
                                 (f)  promoting a positive school
  climate, as defined by Section 161.325(a-3), Health and Safety
  Code, in the district or school; and
                                 (g)  improving physical and emotional
  safety and well-being in the district or school and reducing
  violence in the district or school;
                     (B)  best practices for districts and schools in
  implementing the services or training;
                     (C)  disparities in the race, ethnicity, gender,
  special education status, and geographic location of individuals
  receiving the services; and
                     (D)  best practices to replicate the services or
  training for all districts and schools.
         Sec. 38.309.  PRIVACY OF INFORMATION. The task force shall
  ensure that data gathered, information studied, and evaluations
  conducted under this subchapter:
               (1)  comply with federal law regarding confidentiality
  of student medical or educational information, including the Health
  Insurance Portability and Accountability Act of 1996 (42 U.S.C.
  Section 1320d et seq.) and the Family Educational Rights and
  Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law
  relating to the privacy of student information; and
               (2)  may not be shared with a federal agency or state
  agency, including an institution of higher education, except as
  otherwise provided by this subchapter or other law.
         Sec. 38.310.  REPORTS. Not later than November 1 of each
  even-numbered year, the task force shall submit to the governor,
  the lieutenant governor, the speaker of the house of
  representatives, and the agency a report of the results of the task
  force's activities conducted under Section 38.308 and any
  recommendations for legislative or other action.
         Sec. 38.311.  FUNDING; ADMINISTRATIVE COST RESTRICTION;
  GIFTS AND GRANTS. (a) Of state funds allocated to the agency for
  public school mental health services, the commissioner may provide
  not more than 10 percent for purposes of the task force established
  under this subchapter.
         (b)  The task force may not spend for the administration of
  the task force more than 10 percent of any money allocated to the
  task force for the purposes of this subchapter.
         (c)  The task force may accept a gift or grant from a person
  other than the federal government.
         Sec. 38.312.  EXPIRATION. The task force is abolished and
  this subchapter expires December 1, 2025.
         SECTION 2.  Not later than October 1, 2019, the commissioner
  of education shall:
               (1)  appoint the members of the Collaborative Task
  Force on Public School Mental Health Services that are to be
  appointed by the commissioner, as required by Section 38.303,
  Education Code, as added by this Act; and
               (2)  designate the institutions of higher education to
  provide support services, as required by Section 38.307, Education
  Code, as added by 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, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 906 was passed by the House on April
  24, 2019, by the following vote:  Yeas 113, Nays 30, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 906 on May 23, 2019, by the following vote:  Yeas 126, Nays 14,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 906 was passed by the Senate, with
  amendments, on May 16, 2019, by the following vote:  Yeas 29, Nays
  2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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