85R18910 GCB-F     By: Price, Turner, White, Bernal, Huberty, H.B. No. 11       et al.     Substitute the following for H.B. No. 11:     By:  Price C.S.H.B. No. 11       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, educational programs, state and regional   programs and services, and health care services for students.          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 Subdivisions (5-a) and (9) to read as follows:                (5-a)  "Mental health condition" means an illness,   disease, or disorder, other than epilepsy, dementia, substance   abuse, or intellectual disability, that:                      (A)  substantially impairs a person's thought,   perception of reality, emotional process, or judgment; or                      (B)  grossly impairs behavior as demonstrated by   recent disturbed behavior.                (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   Sections 39.053(c)(1)-(4).  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   [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;                (4)  strategies for providing to 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;                      (B)  the TEXAS grant program and the Teach for   Texas grant program established under Chapter 56;                      (C)  the need for students to make informed   curriculum choices to be prepared for success beyond high school;   and                      (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 program selected from the   list of recommended best practice-based programs established under   Section 38.301 [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.  Section 21.054, Education Code, is amended by   amending Subsections (d), (e), (f), and (g) and adding Subsections   (d-2) and (e-2) to read as follows:          (d)  Continuing education requirements for a classroom   teacher must provide that 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)  integrating technology into classroom   instruction; and                (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.          (d-2)  Continuing education requirements for a classroom   teacher may include instruction regarding 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.          (e)  Continuing education requirements for a principal must   provide that 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)  integrating technology into campus curriculum and   instruction; and                (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.          (e-2)  Continuing education requirements for a principal may   include instruction regarding 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.          (f)  Continuing education requirements for a counselor must   provide that 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; and                (4)  counseling students concerning mental health   conditions and substance abuse.          (g)  The board shall adopt rules that allow an educator,   including a classroom teacher and a principal or other   administrator, 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, including a classroom teacher   and a principal or other administrator, who completes a mental   health first aid training program offered:                (1)  using an online or videoconferencing format to   fulfill not more than eight hours of continuing education   requirements; or                (2)  through a classroom instruction format that   requires in-person attendance to fulfill not more than 16 hours of   continuing education requirements, with the educator, including a   classroom teacher and a principal or other administrator, permitted   to receive credit for twice the number of hours of instruction   provided. [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), (d-1), and (e), Education   Code, are amended to read as follows:          (d)  The staff development:                (1)  may include training in:                      (A)  recognizing signs of mental health   conditions and substance abuse;                      (B)  technology;                      (C) [(B)]  conflict resolution;                      (D)  positive behavior intervention and support    [(C) discipline] strategies, including classroom management,   district discipline policies, and the student code of conduct   adopted under [Section 37.001 and] Chapter 37; and                      (E) [(D)]  preventing, identifying, responding   to, and reporting incidents of bullying;                (2)  subject to Subsection (e) and to Section 21.3541   and rules adopted under that section, must include training that is   evidence-based [based on scientifically based research], as   defined by Section 8101, Every Student Succeeds Act [9101, No Child   Left Behind Act of 2001] (20 U.S.C. Section 7801), and that:                      (A)  relates to instruction of students with   disabilities; and                      (B)  is designed for educators, including   classroom teachers, who work primarily outside the area of special   education; and                (3)  must include suicide prevention training that must   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, including classroom teachers; and                      (B)  to existing school district and   open-enrollment charter school educators, including classroom   teachers, on a schedule adopted by the agency by rule.          (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 38.301 [161.325, Health and Safety Code].          (e)  A school district is required to provide the training   described by Subsection (d)(2) to an educator, including a   classroom teacher, who works primarily outside the area of special   education only if the educator does not possess the knowledge and   skills necessary to implement the individualized education program   developed for a student receiving instruction from the educator.  A   district may determine the time and place at which the training is   delivered.          SECTION 1.06.  Subchapter J, Chapter 21, Education Code, is   amended by adding Section 21.462 to read as follows:          Sec. 21.462.  RESOURCES REGARDING STUDENTS WITH HEALTH   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, students who engage in substance abuse,   or students with physical health needs.  The agency must include on   the Internet website information about:                (1)  the interventions for, treatment of, and   management of mental health conditions, substance abuse, and   physical health needs, and how mental health conditions, substance   abuse, or physical health needs may affect a student's well-being   or ability to succeed in school;                (2)  grief-informed and trauma-informed practices;   building skills related to managing emotions, establishing and   maintaining positive relationships, and responsible   decision-making; positive behavior interventions and supports; and   a safe and supportive school climate; and                (3)  food allergies that are common among students,   methods for preventing exposure to a specific food when necessary   to protect a student's health, and treating a student who is   suffering from an allergic reaction to a food.          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 and substance abuse;                      (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 dangers, causes, consequences, signs, symptoms, and treatment   of binge drinking, [and] alcohol poisoning, 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 health education, including physical health education and mental   health education;                (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 about substance abuse [to   prevent the use of tobacco];                      (F)  school health services, including mental   health services;                      (G)  counseling 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)  counseling 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 shall make a good faith effort to appoint at least one   psychiatrist or nonphysician mental health professional, as   defined by Section 38.0101.  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)  public school teachers;                (2)  public school administrators;                (3)  district students;                (4)  health care professionals;                (5)  the business community;                (6)  law enforcement;                (7)  senior citizens;                (8)  the clergy;                (9)  nonprofit health organizations; and                (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 29.003(b), Education Code, is amended   to read as follows:          (b)  A student is eligible to participate in a school   district's special education program if the student:                (1)  is not more than 21 years of age and has a visual or   auditory impairment that prevents the student from being adequately   or safely educated in public school without the provision of   special services; or                (2)  is at least three but not more than 21 years of age   and has one or more of the following disabilities that prevents the   student from being adequately or safely educated in public school   without the provision of special services:                      (A)  physical disability;                      (B)  intellectual disability [mental   retardation];                      (C)  emotional disturbance;                      (D)  learning disability;                      (E)  autism;                      (F)  speech disability; or                      (G)  traumatic brain injury.          SECTION 1.10.  Section 29.004, Education Code, is amended by   adding Subsection (d) to read as follows:          (d)  A school district may develop an interim intervention,   support, or crisis plan to provide immediate services and supports   to a student while the student's full individual and initial   evaluation is being conducted.          SECTION 1.11.  Section 29.011(b), Education Code, is amended   to read as follows:          (b)  The commissioner shall require each school district or   shared services arrangement to designate at least one employee to   serve as the district's or shared services arrangement's designee   on transition and employment services for students enrolled in   special education programs under this subchapter.  The commissioner   shall develop minimum training guidelines for a district's or   shared services arrangement's designee.  An individual designated   under this subsection must provide information and resources about   effective transition planning and services and interagency   coordination to ensure that local school staff communicate and   collaborate with:                (1)  students enrolled in special education programs   under this subchapter and the parents of those students; and                (2)  as appropriate, local and regional staff of the:                      (A)  Health and Human Services Commission;                      (B)  Texas Workforce Commission [Department of   Aging and Disability Services];                      (C)  [Department of Assistive and Rehabilitative   Services;                      [(D)]  Department of State Health Services; and                      (D)  [(E)] Department of Family and Protective   Services.          SECTION 1.12.  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 1.13.  Section 29.015(b), Education Code, is amended   to read as follows:          (b)  A foster parent may act as a parent of a child with a   disability, as authorized under 20 U.S.C. Section 1415(b) and its   subsequent amendments, if:                (1)  the Department of Family and Protective [and   Regulatory] Services is appointed as the temporary or permanent   managing conservator of the child;                (2)  the child has been placed with the foster parent   for at least 60 days;                (3)  the foster parent agrees to:                      (A)  participate in making educational decisions   on the child's behalf; and                      (B)  complete a training program for surrogate   parents that complies with minimum standards established by agency   rule; and                (4)  the foster parent has no interest that conflicts   with the child's interests.          SECTION 1.14.  Section 29.081(d), Education Code, is amended   to read as follows:          (d)  For purposes of this section, "student at risk of   dropping out of school" includes each student who is under 26 years   of age and who:                (1)  was not advanced from one grade level to the next   for one or more school years;                (2)  if the student is in grade 7, 8, 9, 10, 11, or 12,   did not maintain an average equivalent to 70 on a scale of 100 in two   or more subjects in the foundation curriculum during a semester in   the preceding or current school year or is not maintaining such an   average in two or more subjects in the foundation curriculum in the   current semester;                (3)  did not perform satisfactorily on an assessment   instrument administered to the student under Subchapter B, Chapter   39, and who has not in the previous or current school year   subsequently performed on that instrument or another appropriate   instrument at a level equal to at least 110 percent of the level of   satisfactory performance on that instrument;                (4)  if the student is in prekindergarten,   kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on   a readiness test or assessment instrument administered during the   current school year;                (5)  is pregnant or is a parent;                (6)  has been placed in a disciplinary [an] alternative   education program in accordance with Section 37.006 during the   preceding or current school year;                (7)  has been expelled in accordance with Section   37.007 during the preceding or current school year;                (8)  is currently on parole, probation, deferred   prosecution, or other conditional release;                (9)  was previously reported through the Public   Education Information Management System (PEIMS) to have dropped out   of school;                (10)  is a student of limited English proficiency, as   defined by Section 29.052;                (11)  is in the custody or care of the Department of   Family and Protective [and Regulatory] Services or has, during the   current school year, been referred to the department by a school   official, officer of the juvenile court, or law enforcement   official;                (12)  is homeless, as defined by 42 U.S.C. Section   11302, and its subsequent amendments; or                (13)  resided in the preceding school year or resides   in the current school year in a residential placement facility in   the district, including a detention facility, substance abuse   treatment facility, emergency shelter, psychiatric hospital,   halfway house, or foster group home.          SECTION 1.15.  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 1.16.  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 1.17.  The heading to Section 38.007, Education   Code, is amended to read as follows:          Sec. 38.007.  DRUG-FREE AND ALCOHOL-FREE SCHOOL ZONES.          SECTION 1.18.  Section 38.007(b), Education Code, is amended   to read as follows:          (b)  The board of trustees of a school district shall attempt   to provide a safe drug-free and alcohol-free environment to   students coming to or going from school. The board of trustees   shall [may] cooperate with local law enforcement officials and the   Texas Alcoholic Beverage Commission in attempting to provide this   environment and in enforcing Sections 101.75, 109.33, and 109.59,   Alcoholic Beverage Code. Additionally, the board, if a majority of   the area of a district is located in a municipality with a   population of 900,000 or more, may petition the commissioners court   of the county in which the district is located or the governing   board of an incorporated city or town in which the district is   located to adopt a 1,000-foot zone under Section 109.33, Alcoholic   Beverage Code.          SECTION 1.19.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.0101 to read as follows:          Sec. 38.0101.  AUTHORITY TO EMPLOY NONPHYSICIAN MENTAL   HEALTH PROFESSIONAL. (a) A school district may employ a   nonphysician mental health professional.          (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; or                (4)  a professional counselor licensed to practice in   this state.          SECTION 1.20.  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 and mental health wellness;                (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 1.21.  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 who is a   registered nurse, advanced nurse practitioner, physician, or   nonphysician mental health professional [certified 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 1.22.  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 1.23.  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; and                (6)  treatment for mental health conditions or   substance abuse.          SECTION 1.24.  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 1.25.  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)  teachers;                (2)  school administrators;                (3)  licensed health care professionals;                (4)  the clergy;                (5)  law enforcement;                (6)  the business community;                (7)  senior citizens; and                (8)  students.          SECTION 1.26.  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 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 1.27.  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 1.28.  Subchapter O-1, Chapter 161, Health and   Safety Code, is transferred to Chapter 38, Education Code,   redesignated as Subchapter G, Chapter 38, Education Code, and   amended to read as follows:   SUBCHAPTER G [O-1]. MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH   SUICIDE          Sec. 38.301 [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   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. The agency, the   Health and Human Services Commission, and each regional education   service center shall each publish the list on their Internet   websites in an easily accessible, searchable, and user-friendly   format.          (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 in the following areas:                (1)  early mental health intervention;                (2)  mental health promotion [and positive youth   development];                (3)  substance abuse prevention;                (4)  substance abuse intervention; [and]                (5)  suicide prevention;                (6)  grief-informed and trauma-informed practices;                (7)  building skills related to managing emotions,   establishing and maintaining positive relationships, and   responsible decision-making;                (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.          [(b)]  The suicide prevention programs on the list provided   under Subsection (a) must include components that provide for   training 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 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.          (e) [(c)]  In developing the list of programs, 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.          (f) [(c-1)]  Except as otherwise provided by this   subsection, each school district shall provide training described   in the components set forth under Subsection (d) [(b)] for   teachers, 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.          (g) [(c-2)]  If a school district provides the training   under Subsection (f) [(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.          (h)  A [(d)  The board of trustees of each] school district   shall develop practices and procedures [may adopt a policy]   concerning each area listed in Subsection (c), including mental   health promotion and intervention, substance abuse prevention and   intervention, and suicide prevention that:                (1)  includes [establishes] 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   (d)(2) [(b)(2)];                (2)  includes [establishes] a procedure for providing   notice of a student identified as at risk of 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 (d)(2) [(b)(2)];                (3)  establishes 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)  sets 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.          (i) [(e)]  The practices and procedures developed under   Subsection (h) [policy] 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.          (j) [(f)]  The practices [policy] and [any necessary]   procedures developed [adopted] under Subsection (h) [(d)] must be   included in:                (1)  the annual student handbook; and                (2)  the district improvement plan under Section   11.252[, Education Code].          (k) [(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.          (l) [(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 [Policy] and   procedures developed [adopted] 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. 38.302 [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. CONFORMING AMENDMENTS          SECTION 2.01.  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 2.02.  Section 38.0141, Education Code, is amended   to read as follows:          Sec. 38.0141.  REPORTING OF CERTAIN HEALTH AND SAFETY   INFORMATION REQUIRED. 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 section for the district and for each campus in the   district.   ARTICLE 3. REPEALER; TRANSITION; EFFECTIVE DATE          SECTION 3.01.  The following provisions of the Education   Code are repealed:                (1)  Section 21.463; and                (2)  Section 28.002(w).          SECTION 3.02.  (a)  Not later than December 1, 2017, the Texas   Education Agency, in cooperation with the Health and Human Services   Commission, shall establish the Internet website to provide   resources for school employees, as required by Section 21.462,   Education Code, as added by this Act.          (b)  Not later than March 1, 2018:                (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.          (c)  Not later than August 1, 2018, 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 38.301, Education Code, as transferred, redesignated, and   amended by this Act.          SECTION 3.03.  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   2018-2019 school year.          SECTION 3.04.  This Act takes effect September 1, 2017.