By: Thompson of Harris, et al. H.B. No. 2954         (Senate Sponsor - Powell)          (In the Senate - Received from the House May 10, 2021;   May 11, 2021, read first time and referred to Committee on   Education; May 25, 2021, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 8, Nays 3;   May 25, 2021, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 2954 By:  Powell     A BILL TO BE ENTITLED   AN ACT     relating to a suicide prevention, intervention, and postvention   grant program for certain public elementary schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter G, Chapter 38, Education Code, is   amended by adding Section 38.3515 to read as follows:          Sec. 38.3515.  ELEMENTARY SCHOOL SUICIDE PREVENTION,   INTERVENTION, AND POSTVENTION GRANT PROGRAM. (a) In this section:                (1)  "Commission" means the Health and Human Services   Commission.                (2)  "Licensed mental health professional" includes:                      (A)  a psychologist licensed to practice in this   state and designated as a health-service provider;                      (B)  a registered nurse with a master's or   doctoral degree in psychiatric nursing;                      (C)  an advanced practice registered nurse, as   defined by Section 301.152, Occupations Code, who holds a   nationally recognized board certification in psychiatric or mental   health nursing;                      (D)  a licensed clinical social worker, as defined   by Section 505.002, Occupations Code;                      (E)  a licensed professional counselor, as   defined by Section 503.002, Occupations Code;                      (F)  a licensed marriage and family therapist, as   defined by Section 502.002, Occupations Code;                      (G)  a licensed specialist in school psychology,   as defined by Section 501.002, Occupations Code; and                      (H)  a school counselor certified under   Subchapter B, Chapter 21.                (3)  "Parent" means any person who is the natural or   adoptive parent, managing or possessory conservator, legal   guardian, custodian, or other person with legal authority to act on   behalf of a child.                (4)  "Postvention" includes activities that promote   healing necessary to reduce the risk of suicide by a person affected   by the suicide of another.          (b)  The agency, in coordination with the commission, shall   assist school districts and open-enrollment charter schools with   identifying evidence-based and developmentally appropriate   strategies and best practices in elementary schools that:                (1)  increase protective factors and reduce risk   factors associated with social, emotional, and behavioral health   concerns and current and future suicidal ideations and behaviors;                (2)  identify risk factors for emergent or future   suicide risk, as determined using factors identified by the   commission;                (3)  address each area listed in Section 38.351(c); and                (4)  include practices and procedures described by   Section 38.351(i) for suicide prevention, intervention, and   postvention.          (c)  To the extent funds are appropriated to the agency for   that purpose, the agency shall establish a grant program under   which funds are awarded to school districts and open-enrollment   charter schools to develop and implement age-appropriate,   evidence-based strategies described by Subsection (i).          (d)  A school district or open-enrollment charter school is   eligible to participate in the grant program established under this   section if the district or school or a campus of the district or   school has experienced suicide loss or a non-fatal suicide attempt   among elementary school students enrolled in the district or school   in the 2016-2017 school year or a subsequent school year.          (e)  Before an eligible school district or open-enrollment   charter school may seek funds under the grant program, the   superintendent or chief executive officer of the district or school   shall provide, if applicable, notice to the parent of each student   enrolled in the district or school that an elementary school   student enrolled in the district or school has died.  The notice:                (1)  may not include the student's name or information   about the student's cause of death without express consent from the   student's parent; and                (2)  must include information regarding school and   community resources to support students or community members who   may experience grief or trauma.          (f)  Before an eligible school district or open-enrollment   charter school may seek funds under the grant program, the board of   trustees of the school district or governing body of the   open-enrollment charter school shall:                (1)  hold a closed meeting to review eligibility   requirements under Subsection (d) and determine whether a campus is   eligible for the grant program;                (2)  ensure any report, information, or record the   board or governing body receives under Subdivision (1) is:                      (A)  confidential; and                      (B)  not subject to disclosure under Chapter 552,   Government Code;                (3)  post a notice of intent to seek funds through the   grant program on the district's or school's Internet website prior   to the public hearing under Subdivision (4) and provide a   reasonable time period for public comment; and                (4)  conduct a public hearing to:                      (A)  notify the public of intent to seek funds   through the grant program;                      (B)  solicit public comment on the proposal; and                      (C)  approve by a record vote the decision of the   district or school to seek funds under the grant program.          (g)  In awarding grants under this section, the agency may   prioritize for funding purposes school districts or   open-enrollment charter schools that:                (1)  serve students residing in rural areas; or                (2)  serve students in high needs districts.          (h)  A school district or open-enrollment charter school   that is awarded funds through the grant program shall prioritize   campuses within the district or school based on the direct impact of   student suicides on the campuses.          (i)  For each elementary school campus at which the school   district or open-enrollment charter school implements the grant   program, the district or school shall use funds awarded under the   program to support age-appropriate, evidence-based strategies in   elementary schools identified in Subsection (b) that:                (1)  reduce current and future risk in students for   engaging in:                      (A)  suicidal ideations and behaviors; and                      (B)  behavior that poses a risk of harm to self or   others, including bullying and substance misuse;                (2)  support early mental health intervention for   students with early warning signs of risk for suicide;                (3)  foster resilience in students; and                (4)  support the development of coping skills and   protective behavior in students to help them react positively to   changes and obstacles in life, including skills related to   responsible decision-making, managing emotions, and establishing   and maintaining positive relationships.          (j)  A school district or open-enrollment charter school   awarded a grant under this section may:                (1)  contract with a regional education service center   for services;                (2)  enter into a memorandum of understanding with a   local mental health authority for services;                (3)  contract with public and private community-based   mental health providers or nonprofit organizations for services in   support of evidence-based strategies described by Subsection (i);   and                (4)  consult with the local school health advisory   council established under Section 28.004 in developing a plan to   provide age-appropriate, evidence-based strategies described by   Subsection (i).          (k)  A school district or open-enrollment charter school   awarded a grant under this section shall:                (1)  ensure that funds are used to support   age-appropriate, evidence-based strategies;                (2)  ensure that informational materials distributed   by the district or school are age-appropriate and evidence-based   and distributed with prior written parental consent;                (3)  ensure that strategies implemented under   Subsection (i) include working with licensed mental health   professionals and other school personnel who regularly interact   with students to prevent suicide among students enrolled at the   campus; and                (4)  provide to a parent of each student enrolled at a   campus receiving funds from the grant program written or electronic   notice that includes:                      (A)  notification of the award of funds from the   grant program to the campus and information regarding strategies to   be implemented at the campus as described by Subsection (i);                      (B)  information to increase parental and   caregiver awareness regarding research-based protective factors   and risk factors associated with social, emotional, and behavioral   health concerns and current and future suicidal ideations and   behaviors among elementary school-aged children; and                      (C)  a list of available school and community   resources to support students or community members who may be at   risk of suicide.          (l)  The agency:                (1)  may use any available funds for the program,   including state, federal, or philanthropic funds;                (2)  may accept donations for purposes of this section   from sources without a conflict of interest; and                (3)  may not accept donations for purposes of this   section from an anonymous source.          (m)  Nothing in this section is intended to interfere with   the rights of parents 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 of a   need for suicide prevention, intervention, or postvention so that a   parent may take appropriate action.          (n)  Nothing in this section may be construed to supersede or   otherwise interfere with the obligation of a school district   employee to obtain written parental consent required under Sections   26.009 and 38.010.  Before providing an individual screening,   assessment, or intervention to any student in accordance with a   strategy implemented under the grant program established under this   section, a mental health professional is required to obtain   informed parental consent.          (o)  Nothing in this section authorizes a school district or   open-enrollment charter school employee to recommend prescription   medication for a student or to interfere with medical decisions to   be made by the student's parent or guardian.          (p)  The commissioner shall adopt rules to administer this   section.          (q)  This section expires September 1, 2025.          SECTION 2.  Not later than June 1, 2022, the Texas Education   Agency, in coordination with the Health and Human Services   Commission, shall develop the guidance for public schools required   under Section 38.3515(b), Education Code, as added by this Act.          SECTION 3.  This Act applies beginning with the 2021-2022   school year.          SECTION 4.  The Texas Education Agency is required to   implement a provision of this Act only if the legislature   appropriates money specifically for that purpose. If the   legislature does not appropriate money specifically for that   purpose, the Texas Education Agency may, but is not required to,   implement a provision of this Act using other appropriations   available for that purpose.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2021.     * * * * *