By: Thompson of Harris, et al. H.B. No. 2287
        (Senate Sponsor - Powell)
         (In the Senate - Received from the House May 10, 2021;
  May 14, 2021, read first time and referred to Committee on
  Education; May 24, 2021, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 24, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to data collection and receipt of certain reports by and
  consultation with the Collaborative Task Force on Public School
  Mental Health Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 8.158, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Not later than January 31 of each calendar year, the
  Health and Human Services Commission shall submit the report
  prepared under Subsection (b) to the Collaborative Task Force on
  Public School Mental Health Services established under Section
  38.302. This subsection expires December 1, 2025.
         SECTION 2.  Section 38.252, Education Code, is amended by
  adding Subsection (c-1) to read as follows:
         (c-1)  Not later than March 1 of each even-numbered year,
  each regional education service center shall provide to the
  Collaborative Task Force on Public School Mental Health Services
  established under Section 38.302 an electronic copy of the report
  submitted to the agency under Subsection (c)(2). This subsection
  expires December 1, 2025.
         SECTION 3.  Section 38.253, Education Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The agency shall provide an electronic copy of the list
  developed under Subsection (a) to the Collaborative Task Force on
  Public School Mental Health Services established under Section
  38.302 as soon as practicable after the list is developed or
  revised. This subsection expires December 1, 2025.
         SECTION 4.  Subchapter F, Chapter 38, Education Code, as
  added by Chapter 1278 (H.B. 906), Acts of the 86th Legislature,
  Regular Session, 2019, is amended by adding Section 38.3071 to read
  as follows:
         Sec. 38.3071.  REQUEST FOR AND DISCLOSURE OF INFORMATION.
  (a) To assist the task force in performing duties under this
  subchapter, the task force, or the agency on behalf of the task
  force, may request data from or consult with the following
  entities:
               (1)  school districts;
               (2)  open-enrollment charter schools;
               (3)  regional education service centers;
               (4)  local mental health authorities; and
               (5)  other entities that possess information relevant
  to the task force's duties under Section 38.308.
         (b)  In requesting data or consulting with entities under
  Subsection (a), the task force and agency:
               (1)  may not disclose a student's medical or
  educational information; and
               (2)  must ensure any request or consultation complies
  with privacy and confidentiality of student information as required
  by Section 38.309.
         (c)  Not later than the 60th business day after the date on
  which an entity receives a request for data from the task force or
  agency under Subsection (a), the entity shall provide the requested
  data to the task force or agency. An entity that provides data under
  this subsection:
               (1)  may not include personally identifying
  information of an individual receiving a mental health service,
  including the individual's name or birthday; and
               (2)  may provide the data without seeking the prior
  authorization of an individual included in the data or of the
  individual's parent or guardian, if the individual is a minor.
         (d)  A person that discloses data to the task force or agency
  in accordance with this section is immune from civil or criminal
  liability for, and may not be subject to an administrative penalty
  in connection with, that disclosure.
         SECTION 5.  Section 38.308, Education Code, is amended to
  read as follows:
         Sec. 38.308.  DUTIES OF TASK FORCE. (a) The task force
  shall:
               (1)  gather data on:
                     (A)  the number of students enrolled in each
  school district and open-enrollment charter school;
                     (B)  the number of individuals to whom each school
  district or open-enrollment charter school provides the mental
  health services described by Section 38.302(1);
                     (C)  the number of individuals for whom each
  school district or open-enrollment charter school has the resources
  to provide the mental health services described by Section
  38.302(1);
                     (D)  the number of individuals described by
  Paragraph (B) who are referred to an inpatient or outpatient mental
  health provider;
                     (E)  the number of individuals who are transported
  from each school district or open-enrollment charter school for an
  emergency detention under Chapter 573, Health and Safety Code;
  [and]
                     (F)  the race, ethnicity, gender, special
  education status, educationally disadvantaged status, and
  geographic location of:
                           (i)  individuals who are provided the mental
  health services described by Section 38.302(1);
                           (ii)  individuals who are described by
  Paragraph (D); [and]
                           (iii)  individuals who are described by
  Paragraph (E);
                           (iv)  individuals who are described by
  Paragraph (H); and
                           (v)  individuals who are described by
  Paragraph (I);
                     (G)  mental health services and trainings
  provided annually by:
                           (i)  school districts, at both the campus
  and district level; and
                           (ii)  open-enrollment charter schools;
                     (H)  the number of individuals who were placed in
  a disciplinary alternative education program or out-of-school
  suspension or expelled;
                     (I)  the number of threat assessments conducted
  under Section 37.115; and
                     (J)  the number of reports made from each school
  district or open-enrollment charter school by an employee of the
  district or school or by a school resource officer, to the
  Department of Family and Protective Services regarding an alleged
  incident of abuse or neglect; and
               (2)  study, evaluate, and make recommendations
  regarding the mental health services described by Section
  38.302(1), the training described by Section 38.302(2), and the
  impact of those mental health services, as described by Section
  38.302(3), including addressing:
                     (A)  the outcomes and the effectiveness of the
  services and training provided, including the outcomes and
  effectiveness of the service and training providers and the
  programs under which services and training are provided, in:
                           (i)  improving student academic achievement
  and attendance;
                           (ii)  reducing student disciplinary
  proceedings, suspensions, placements in a disciplinary alternative
  education program, and expulsions; and
                           (iii)  delivering prevention and
  intervention services to promote early mental health skills,
  including:
                                 (a)  building skills relating to
  managing emotions, establishing and maintaining positive
  relationships, and making responsible decisions;
                                 (b)  preventing substance abuse;
                                 (c)  preventing suicides;
                                 (d)  adhering to the purpose of the
  relevant program services or training;
                                 (e)  promoting trauma-informed
  practices;
                                 (f)  promoting a positive school
  climate, as defined by Section 38.351(d), [161.325(a-3), Health and
  Safety Code,] in the district or school; and
                                 (g)  improving physical and emotional
  safety and well-being in the district or school and reducing
  violence in the district or school;
                     (B)  best practices for districts and schools in
  implementing the services or training;
                     (C)  disparities in the race, ethnicity, gender,
  special education status, and geographic location of individuals
  receiving the services; and
                     (D)  best practices to replicate the services or
  training for all districts and schools.
         (b)  The task force may consult with relevant experts and
  stakeholders, including:
               (1)  classroom teachers;
               (2)  school counselors;
               (3)  school resource officers;
               (4)  school administrators;
               (5)  school nurses;
               (6)  licensed specialists in school psychology;
               (7)  licensed professional counselors;
               (8)  licensed clinical social workers; and
               (9)  non-physician mental health professionals.
         (c)  In consulting with relevant experts and stakeholders
  under Subsection (b), the task force may not disclose a student's
  medical or educational information.
         (d)  The task force may enter into agreements with
  institutions of higher education or other relevant entities as
  needed to execute the duties of the task force.
         SECTION 6.  To the extent of any conflict, this Act prevails
  over another Act of the 87th Legislature, Regular Session, 2021,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 7.  This Act takes effect September 1, 2021.
 
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