Bill Text: TX SB913 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to consideration of the mental health of public school students in training requirements for certain school employees, curriculum requirements, counseling programs, educational programs, state and regional programs and services, and health care services for students and to mental health first aid program training and reporting regarding local mental health authority and school district personnel.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-01 - Referred to Education [SB913 Detail]

Download: Texas-2019-SB913-Introduced.html
  86R3542 KJE-F
 
  By: Watson S.B. No. 913
 
 
 
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, counseling programs, educational
  programs, state and regional programs and services, and health care
  services for students and to mental health first aid program
  training and reporting regarding local mental health authority and
  school district personnel.
         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 Subdivision (9) to read as follows:
               (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
  Section 39.053(c). 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,
  including interventions and support that integrate best practices
  on grief-informed and trauma-informed care [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; and
                     (I)  implementation of a comprehensive school
  counseling program under Section 33.005;
               (4)  strategies for providing to elementary school, 
  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, including state financial aid opportunities
  such as[;
                     [(B)]  the TEXAS grant program and the Teach for
  Texas grant program established under Chapter 56;
                     (B) [(C)]  the need for students to make informed
  curriculum choices to be prepared for success beyond high school;
  and
                     (C) [(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)  a program selected from the list of
  recommended best practice-based programs and research-based
  practices established under Section 38.351; or
                     (B)  a course offered by any accredited public or
  private postsecondary educational institution as part of a degree
  program [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.  Sections 21.054(d), (d-2), (e), (e-2), (f),
  and (g), Education Code, are amended to read as follows:
         (d)  Continuing education requirements for a classroom
  teacher must provide that at least [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)  digital learning, digital teaching, and
  integrating technology into classroom instruction;
               (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; [and]
               (5)  understanding appropriate relationships,
  boundaries, and communications between educators and students;
  and[.]
               (6)  [(d-2) Continuing education requirements for a
  classroom teacher may include instruction regarding] how mental
  health conditions, including 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.
         (d-2)  The instruction required under Subsection (d)(6) must
  be:
               (1)  based on relevant best practice-based programs and
  research-based practices; and
               (2)  approved by the commissioner, in consultation with
  the Health and Human Services Commission.
         (e)  Continuing education requirements for a principal must
  provide that at least [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)  digital learning, digital teaching, and
  integrating technology into campus curriculum and instruction;
               (4)  effective implementation of a comprehensive
  school counseling program under Section 33.005;
               (5)  mental health programs addressing a mental health
  condition;
               (6)  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 with intellectual or developmental
  disabilities;
                     (C)  students who are eligible to receive
  educational services required under Section 504, Rehabilitation
  Act of 1973 (29 U.S.C. Section 794);
                     (D)  students with mental health conditions or who
  engage in substance abuse;
                     (E)  students who are educationally
  disadvantaged;
                     (F) [(C)]  students of limited English
  proficiency; and
                     (G) [(D)]  students at risk of dropping out of
  school; [and]
               (7) [(5)]  preventing, recognizing, and reporting any
  sexual conduct between an educator and student that is prohibited
  under Section 21.12, Penal Code, or for which reporting is required
  under Section 21.006 of this code; and [.]
               (8)  [(e-2) Continuing education requirements for a
  principal may include instruction regarding] how mental health
  conditions, including 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-2)  The instruction required under Subsection (e)(8) must
  be:
               (1)  based on relevant best practice-based programs and
  research-based practices; and
               (2)  approved by the commissioner, in consultation with
  the Health and Human Services Commission.
         (f)  Continuing education requirements for a counselor must
  provide that at least [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;
               (4)  counseling students concerning mental health
  conditions and substance abuse, including through the use of
  grief-informed and trauma-informed interventions and crisis
  management and suicide prevention strategies; and
               (5)  effective implementation of a comprehensive
  school counseling program under Section 33.005.
         (g)  The board shall adopt rules that allow an educator 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 to complete a mental health first aid training program
  described by this subsection and receive credit toward continuing
  education requirements for twice the number of hours of instruction
  provided under that program, not to exceed 16 hours. The program
  must be offered through a classroom instruction format that
  requires in-person attendance. [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) and (d-1), Education Code,
  are amended to read as follows:
         (d)  The staff development:
               (1)  may include training in:
                     (A)  technology;
                     (B)  positive behavior intervention and support 
  [conflict resolution;
                     [(C) discipline] strategies, including classroom
  management, district discipline policies, and the student code of
  conduct adopted under [Section 37.001 and] Chapter 37;
                     [(D)     preventing, identifying, responding to, and
  reporting incidents of bullying;] and
                     (C) [(E)]  digital learning;
               (2)  subject to Subsection (e) and to Section 21.3541
  and rules adopted under that section, must include training that is
  evidence-based, as defined by Section 8101, Every Student Succeeds
  Act (20 U.S.C. Section 7801), and that:
                     (A)  relates to instruction of students with
  disabilities, including students with disabilities who also have
  other intellectual or mental health conditions; and
                     (B)  is designed for educators who work primarily
  outside the area of special education; and
               (3)  must include [suicide prevention] training on:
                     (A)  suicide prevention;
                     (B)  recognizing signs of mental health
  conditions and substance abuse;
                     (C)  strategies for establishing and maintaining
  positive relationships among students, including conflict
  resolution;
                     (D)  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; and
                     (E)  preventing, identifying, responding to, and
  reporting incidents of bullying.
         (d-1)  The training required by Subsection (d)(3) [that]
  must:
               (1)  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; and
                     (B)  to existing school district and
  open-enrollment charter school educators on a schedule adopted by
  the agency by rule; and [.]
               (2) [(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 38.351 [161.325, Health and Safety Code].
         SECTION 1.06.  Section 21.462, Education Code, is amended to
  read as follows:
         Sec. 21.462.  RESOURCES REGARDING STUDENTS WITH MENTAL
  HEALTH OR SUBSTANCE ABUSE CONDITIONS [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 or
  who engage in substance abuse. The agency must include on the
  Internet website information about:
               (1)  grief-informed and trauma-informed practices;
               (2)  building skills related to managing emotions,
  establishing and maintaining positive relationships, and
  responsible decision-making;
               (3)  positive behavior interventions and supports; and
               (4)  a safe and supportive school climate.
         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, substance abuse, skills to manage
  emotions, establishing and maintaining positive relationships, and
  responsible decision-making;
                     (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 science, risk factors, causes, dangers, [causes,]
  consequences, signs, symptoms, and treatment of substance abuse,
  including the use of illegal drugs, abuse of prescription drugs,
  abuse of alcohol such as by binge drinking or other excessive
  drinking resulting in [and] alcohol poisoning, inhaling solvents,
  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:
                     (A)  health education in kindergarten through
  grade eight; and
                     (B)  if the school district requires health
  education for high school graduation, health education, including
  physical health education and mental health education, in grades 9
  through 12;
               (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 on substance abuse prevention 
  [to prevent the use of e-cigarettes, as defined by Section 161.081,
  Health and Safety Code, and tobacco];
                     (F)  school health services, including mental
  health services;
                     (G)  a comprehensive school counseling program
  under Section 33.005 [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)  a comprehensive school counseling program
  under Section 33.005 [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 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)  classroom [public school] teachers employed by the
  district;
               (2)  school counselors certified under Subchapter B,
  Chapter 21, employed by the district;
               (3)  [public] school administrators employed by the
  district;
               (4) [(3)]  district students;
               (5) [(4)]  health care professionals licensed or
  certified to practice in this state, including medical or mental
  health professionals;
               (6) [(5)]  the business community;
               (7) [(6)]  law enforcement;
               (8) [(7)]  senior citizens;
               (9) [(8)]  the clergy;
               (10) [(9)]  nonprofit health organizations; and
               (11) [(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 29.012(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 1.10.  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 1.11.  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 1.12.  Section 33.004(b), Education Code, is amended
  to read as follows:
         (b)  Each school, before implementing a comprehensive school
  [and developmental guidance and] counseling program under Section
  33.005, shall annually conduct a preview of the program for parents
  and guardians. All materials, including curriculum to be used
  during the year, must be available for a parent or guardian to
  preview during school hours. Materials or curriculum not included
  in the materials available on the campus for preview may not be
  used.
         SECTION 1.13.  Section 33.005, Education Code, is amended to
  read as follows:
         Sec. 33.005.  COMPREHENSIVE SCHOOL [DEVELOPMENTAL GUIDANCE
  AND] COUNSELING PROGRAMS.  A school counselor shall work with the
  school faculty and staff, students, parents, and the community to
  plan, implement, and evaluate a comprehensive school
  [developmental guidance and] counseling program that conforms to
  the most recent edition of the Texas Model for Comprehensive School
  Counseling Programs developed by the Texas Counseling Association.
  [The school counselor shall design the program to include:
               [(1)     a guidance curriculum to help students develop
  their full educational potential, including the student's
  interests and career objectives;
               [(2)     a responsive services component to intervene on
  behalf of any student whose immediate personal concerns or problems
  put the student's continued educational, career, personal, or
  social development at risk;
               [(3)     an individual planning system to guide a student
  as the student plans, monitors, and manages the student's own
  educational, career, personal, and social development; and
               [(4)     system support to support the efforts of
  teachers, staff, parents, and other members of the community in
  promoting the educational, career, personal, and social
  development of students.]
         SECTION 1.14.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.0101 to read as follows:
         Sec. 38.0101.  AUTHORITY TO EMPLOY OR CONTRACT WITH
  NONPHYSICIAN MENTAL HEALTH PROFESSIONAL. (a) A school district
  may employ or contract with one or more nonphysician mental health
  professionals.
         (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;
               (4)  a professional counselor licensed to practice in
  this state; or
               (5)  a marriage and family therapist licensed to
  practice in this state.
         SECTION 1.15.  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, mental health well-being, skills to
  manage emotions, establishing and maintaining positive
  relationships, and responsible decision-making;
               (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 1.16.  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, or an
  employee of an entity with which the district contracts, who is a
  registered nurse, advanced nurse practitioner, physician, or
  nonphysician mental health professional licensed or certified to
  practice in this state [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 1.17.  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 1.18.  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;
               (6)  treatment for mental health conditions; and
               (7)  treatment for substance abuse.
         SECTION 1.19.  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 1.20.  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)  classroom teachers;
               (2)  school administrators;
               (3)  school counselors;
               (4)  [licensed] health care professionals licensed or
  certified to practice in this state;
               (5) [(4)]  the clergy;
               (6) [(5)]  law enforcement;
               (7) [(6)]  the business community;
               (8) [(7)]  senior citizens; and
               (9) [(8)]  students.
         SECTION 1.21.  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 or other private 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 1.22.  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 1.23.  Subchapter O-1, Chapter 161, Health and
  Safety Code, as amended by Chapter 522 (S.B. 179) and Chapter 714
  (H.B. 4056), Acts of the 85th Legislature, Regular Session, 2017,
  is transferred to Chapter 38, Education Code, redesignated as
  Subchapter G, Chapter 38, Education Code, reenacted, and amended to
  read as follows:
  SUBCHAPTER G [O-1]. MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH
  SUICIDE
         Sec. 38.351  [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
  and research-based practices 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.
         (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 and practices in the following areas:
               (1)  early mental health intervention;
               (2)  building skills related to managing emotions,
  establishing and maintaining positive relationships, and
  responsible decision-making;
               [(2)  mental health promotion;]
               (3)  substance abuse prevention and intervention;
               (4)  [substance abuse intervention;
               [(5)]  suicide prevention;
               (5) [(6)  trauma-informed practices;
               [(6)]  grief-informed and trauma-informed practices;
               (6) [(7)     building skills related to managing
  emotions, establishing and maintaining positive relationships, and
  responsible decision-making;
               [(7)]  positive school climates; [and]
               (7) [(8)]  positive behavior interventions and 
  supports;
               (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.
         [(a-3)] For purposes of Subsection (c) [(a-1)], "school
  climate" means the quality and character of school life, including
  interpersonal relationships, teaching and learning practices, and
  organizational structures, as experienced by students enrolled in
  the school district, parents of those students, and personnel
  employed by the district.
         (e) [(b)]  The suicide prevention programs on the list
  provided under Subsection (a) must include components that provide
  for training school 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 attempting 
  [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.
         (f) [(c)]  In developing the list of best practice-based
  programs and research-based practices, 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.
         (g) [(c-1)]  Except as otherwise provided by this
  subsection, each school district shall provide training described
  in the components set forth under Subsection (e) [(b)] for
  teachers, school 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.
         (h) [(c-2)]  If a school district provides the training
  under Subsection (g) [(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.
         (i) [(d)]  A school district shall [may] develop practices
  and procedures concerning each area listed in Subsection (c)
  [(a-1)], including mental health promotion and intervention,
  substance abuse prevention and intervention, and suicide
  prevention, that:
               (1)  include 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 (e)(2) [(b)(2)];
               (2)  include a procedure for providing notice of a
  student identified as at risk of attempting [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 (e)(2) [(b)(2)];
               (3)  establish 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)  set 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.
         (j) [(e)]  The practices and procedures developed under
  Subsection (i):
               (1)  may address multiple areas listed in Subsection
  (c) together; and
               (2) [(d)] 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.
         (k) [(f)]  The practices and procedures developed under
  Subsection (i) [(d)] must be included in:
               (1)  the annual student handbook; and
               (2)  the district improvement plan under Section
  11.252[, Education Code].
         (l)  The agency shall develop and make available to school
  districts guiding principles on the coordination of programs and
  practices in areas listed under Subsection (c).
         (m) [(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.
         (n) [(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 and procedures
  developed 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. 38.352 [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. MENTAL HEALTH FIRST AID PROGRAM TRAINING AND REPORTING
         SECTION 2.01.  Section 1001.205, Health and Safety Code, is
  amended to read as follows:
         Sec. 1001.205.  REPORTS. (a) Not later than September 30 of
  each year, a local mental health authority shall provide to the
  department the number of:
               (1)  employees and contractors of the authority who
  were trained as mental health first aid trainers under Section
  1001.202 during the preceding fiscal year, the number of trainers
  who left the program for any reason during the preceding fiscal
  year, and the number of active trainers;
               (2)  university employees, school district employees,
  and school resource officers who completed a mental health first
  aid training program offered by the authority under Section
  1001.203 during the preceding fiscal year categorized by local
  mental health authority region, university or school district, as
  applicable, and category of personnel; and
               (3)  individuals who are not university employees,
  school district employees, or school resource officers who
  completed a mental health first aid training program offered by the
  authority during the preceding fiscal year.
         (b)  Not later than December 1 of each year, the department
  shall compile the information submitted by local mental health
  authorities as required by Subsection (a) and submit a report to the
  legislature containing [the number of]:
               (1)  the number of authority employees and contractors
  trained as mental health first aid trainers during the preceding
  fiscal year, the number of trainers who left the program for any
  reason during the preceding fiscal year, and the number of active
  trainers;
               (2)  the number of university employees, school
  district employees, and school resource officers who completed a
  mental health first aid training program provided by an authority
  during the preceding fiscal year categorized by local mental health
  authority region, university or school district, as applicable, and
  category of personnel; [and]
               (3)  the number of individuals who are not university
  employees, school district employees, or school resource officers
  who completed a mental health first aid training program provided
  by an authority during the preceding fiscal year; and
               (4)  a detailed accounting of expenditures of money
  appropriated for the purpose of implementing this subchapter.
         SECTION 2.02.  Subchapter H, Chapter 1001, Health and Safety
  Code, is amended by adding Section 1001.207 to read as follows:
         Sec. 1001.207.  PROGRAM PROMOTION. (a) The commission shall
  make available on its official Internet website information about
  the mental health first aid training program for the purpose of
  promoting public awareness of the program. An electronic link to an
  outside source of information is not sufficient. 
         (b)  The Texas Education Agency shall make available on its
  official Internet website information about the mental health first
  aid training program for the purpose of promoting public awareness
  of the program. An electronic link to an outside source of
  information is not sufficient.
  ARTICLE 3. CONFORMING AMENDMENTS
         SECTION 3.01.  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 3.02.  Section 38.0141(a), Education Code, is
  amended to read as follows:
         (a)  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 subsection for the district and for each campus in the
  district.
  ARTICLE 4. REPEALER; TRANSITION; EFFECTIVE DATE
         SECTION 4.01.  The following provisions of the Education
  Code are repealed:
               (1)  Section 21.463; and
               (2)  Section 28.002(w).
         SECTION 4.02.  (a) Not later than May 1, 2020:
               (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.
         (b)  Not later than August 1, 2020, 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 38.351, Education Code, as transferred, redesignated,
  reenacted, and amended by this Act.
         SECTION 4.03.  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
  2020-2021 school year.
         SECTION 4.04.  (a) Section 1001.205(a), Health and Safety
  Code, as amended by this Act, applies only to a report due under
  that subsection after December 31, 2019. A report due under that
  subsection before that date is governed by the law in effect
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         (b)  Section 1001.205(b), Health and Safety Code, as amended
  by this Act, applies only to a report due under that subsection
  after March 1, 2020. A report due under that subsection before that
  date is governed by the law in effect immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 4.05.  Not later than March 1, 2020, the Health and
  Human Services Commission and the Texas Education Agency shall
  update their Internet websites to include the information required
  by Section 1001.207, Health and Safety Code, as added by this Act.
         SECTION 4.06.  This Act takes effect December 1, 2019.
feedback