By: West  S.B. No. 325
         (In the Senate - Filed January 12, 2021; March 9, 2021, read
  first time and referred to Committee on Education; April 30, 2021,
  reported favorably by the following vote:  Yeas 6, Nays 4;
  April 30, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to providing mental health services and mental health
  education to public school students at school-based health centers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 38.051(a), Education Code, is amended to
  read as follows:
         (a)  A school district in this state may, if the district
  identifies the need, design a model in accordance with this
  subchapter for the delivery of cooperative health care programs for
  students and their families and may compete for grants awarded
  under this subchapter. The model may provide for the delivery of:
               (1)  conventional health services;
               (2)  mental health services; and
               (3)  disease prevention of emerging health threats that
  are specific to the district.
         SECTION 2.  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 to provide
  health care services, including mental health services, 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 and mental 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)  health care professionals licensed or certified to
  practice in this state;
               (5)  mental health care professionals licensed to
  practice in this state;
               (6)  the clergy;
               (7) [(6)]  law enforcement;
               (8) [(7)]  the business community;
               (9) [(8)]  senior citizens; and
               (10) [(9)]  students.
         SECTION 3.  Section 38.063(c), Education Code, is amended to
  read as follows:
         (c)  All health care programs should be designed to meet the
  following goals:
               (1)  reducing student absenteeism;
               (2)  increasing a student's ability to meet the
  student's academic potential; and
               (3)  stabilizing the physical and mental well-being of
  a student.
         SECTION 4.  Section 38.064(a), Education Code, is amended to
  read as follows:
         (a)  Based on statistics obtained from every school-based
  health center in this state that receives funding through the
  Department of State Health Services, the Department of State Health
  Services shall issue a biennial report to the legislature about the
  relative efficacy of services delivered by the centers during the
  preceding two years and any increased academic success of students
  at campuses served by those centers, with special emphasis on any:
               (1)  increased attendance, including attendance
  information regarding students with chronic illnesses;
               (2)  decreased drop-out rates;
               (3)  improved student health, including improved
  mental health;
               (4)  increased student immunization rates;
               (5)  increased student participation in preventive
  health measures, including routine physical examinations and
  checkups conducted in accordance with the Texas Health Steps
  program; and
               (6)  improved performance on student assessment
  instruments administered under Subchapter B, Chapter 39.
         SECTION 5.  The board of trustees of a school district or the
  governing body of an open-enrollment charter school that has
  established a local health education and health care advisory
  council under Section 38.058, Education Code, shall appoint to the
  council a mental health professional licensed in this state, as
  required by the change in law made by this Act, as soon as
  practicable and not later than January 1, 2022.
         SECTION 6.  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.
 
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