BILL ANALYSIS

Senate Research Center	H.B. 1211
88R798 MM-F	By: Guillen et al. (Zaffirini)
	Education
	5/16/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Licensed specialists in school psychology (LSSPs) are professionals who specialize in providing mental health and educational services to students in school settings. They are trained to assess and treat a range of emotional and behavioral issues that can impact a student's academic performance, such as anxiety, depression, and learning disabilities.

There currently is a shortage of LSSPs in Texas, which has been identified as a critical issue by the Texas Education Agency. According to a 2020 report by the National Association of School Psychologists, Texas ranks among the states with the highest student-to-LSSP ratios, meaning that there are not enough LSSPs to meet the needs of all students who require their services. Although Texas has financial assistance programs for other mental health professionals, such as licensed clinical social workers, the programs exclude LSSPs.

Accordingly, H.B. 1211 would expand eligibility for mental health professional education loan repayment programs to include LSSPs. This would provide much-needed financial aid to LSSPs and encourage more mental health professionals to serve in schools.

H.B. 1211 amends current law relating to repayment of certain mental health professional education loans.

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Texas Higher Education Coordinating Board is rescinded in SECTION 5 (Section 61.608, Education Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Reenacts Section 61.601, Education Code, as amended by Chapters 891 (H.B. 3083) and 1101 (H.B. 3808), Acts of the 85th Legislature, Regular Session, 2017, and amends it, as follows:

Sec. 61.601. DEFINITION. Redefines "mental health professional."

SECTION 2. Amends Section 61.603, Education Code, as follows:

Sec. 61.603. ELIGIBILITY. (a) Creates an exception under Subsection (b). Makes a nonsubstantive change.

(b) Requires a mental health professional described by Section 61.601(6) (relating to defining a licensed specialist in school psychology), to be eligible to receive repayment assistance under Subchapter K (Repayment of Certain Mental Health Professional Education Loans), to:

(1) apply to the Texas Higher Education Coordinating Board (THECB);

(2) be employed by:

(A) a school district all or part of which is located in a federally designated mental health care health professional shortage area;

(B) an open-enrollment charter school that is located in a shortage area described by Paragraph (A); or

(C) a public school that receives federal funding under Title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.);

(3) provide mental health services to students enrolled in that district or school, as applicable; and

(4) have completed one, two, three, four, or five consecutive years of practice in this state as described by Subdivisions (2) and (3).

SECTION 3. Amends Sections 61.604(d) and (e), Education Code, as added by Chapter 1101 (H.B. 3808), Acts of the 85th Legislature, Regular Session, 2017, as follows:

(d) Authorizes THECB to award a grant under this subchapter to a mental health professional described by Section 61.601(8) (relating to defining a licensed marriage and family therapist), rather than Section 61.601(6), only in accordance with Subsection (e).

(e) Authorizes THECB, if in a state fiscal year there are funds available for purposes of the program after funding grants to all eligible mental health professionals described by Sections 61.601(1)-(7) (relating to defining a licensed physician, a psychologist, a licensed professional counselor, an advanced practice registered nurse, a licensed clinical social worker, a licensed specialist in school psychology, and a chemical dependency counselor), rather than Subsections 61.601(1)-(5), to allocate any unused funds to award repayment assistance grants to mental health professionals in any of the professions listed in Section 61.601 except that priority is required to be given to awarding grants to mental health professionals described by Sections 61.601(1)-(7).

SECTION 4. Amends Section 61.607(b), Education Code, as follows:

(b) Prohibits the total amount of repayment assistance received by a mental health professional under this subchapter from exceeding:

(1)-(3) makes no changes to these subdivisions;

(4) $40,000, for assistance from the state received by:

(A) creates this paragraph from existing text; or

(B) a licensed specialist in school psychology; and

(5) makes no changes to this subdivision.

SECTION 5. Repealer: Section 61.604(d) (relating to authorizing THECB, if in a state fiscal year not all funds available for purposes of the program are used, to allocate any unused funds to award repayment assistance grants to mental health professionals in any of the professions listed in Section 61.601), Education Code, as added by Chapter 891 (H.B. 3083), Acts of the 85th Legislature, Regular Session, 2017.

Repealer: Section 61.608(c) (relating to requiring THECB to adopt rules establishing a process for allocating any unused funds under the program, Education Code, as added by Chapter 891 (H.B. 3083), Acts of the 85th Legislature, Regular Session, 2017.

SECTION 6. Effective date: September 1, 2023.