By: Talarico H.B. No. 2588

A BILL TO BE ENTITLED

AN ACT

relating to the permissible uses of the school safety allotment and the creation of a mental health allotment under the Foundation School Program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 48.115(b), Education Code, is amended to read as follows:

(b) Funds allocated under this section must be used to improve school safety and security, including costs associated with:

(1) securing school facilities, including:

(A) improvements to school infrastructure;

(B) the use or installation of physical barriers; and

(C) the purchase and maintenance of:

(i) security cameras or other security equipment; and

(ii) technology, including communications systems or devices, that facilitates communication and information sharing between students, school personnel, and first responders in an emergency;

(2) providing security for the district, including:

(A) employing school district peace officers, private security officers, and school marshals; and

(B) collaborating with local law enforcement agencies, such as entering into a memorandum of understanding for the assignment of school resource officers to schools in the district; and

(3) school safety and security training and planning, including:

(A) active shooter and emergency response training;

(B) prevention and treatment programs relating to addressing adverse childhood experiences; and

(C) the prevention, identification, and management of emergencies and threats, using evidence-based, effective prevention practices and including the establishment of [:

[(i) providing licensed counselors, social workers, and individuals trained in restorative discipline and restorative justice practices;

[(ii) providing mental health personnel and support;

[(iii) providing behavioral health services;

[(iv) establishing] threat detection and reporting systems[; and

[(v) developing and implementing programs focused on restorative justice practices, culturally relevant instruction, and providing mental health support; and

[(4) providing programs related to suicide prevention, intervention, and postvention].

SECTION 2. Subchapter C, Chapter 48, Education Code, is amended by adding Section 48.117 to read as follows:

Sec. 48.117. MENTAL HEALTH ALLOTMENT. (a) A school district with an enrollment less than 1,000 students is entitled to an annual allotment of $100,000; and

(b) a school district with an enrollment greater than 1,000 students is entitled to an annual allotment of $100 per enrolled student as provided by appropriation to support mental health services at the district.

(c) Funds allocated under this section:

(1) must be used to develop or enhance a comprehensive school mental health system that, through the implementation of programs, practices, and procedures in accordance with Section 38.351, provides a tiered array of supports and services in the educational setting that contribute to:

(A) a positive school climate;

(B) the development of skills related to managing emotions, establishing and maintaining positive relationships, and responsible decision-making;

(C) the learning and well-being of students with or at risk of mental health or substance use conditions;

(D) family and community engagement;

(E) reduced exclusionary discipline practices; and

(F) staff wellness; and

(2) may be used to pay for costs associated with:

(A) the salary of school personnel responsible for planning, coordinating, delivering, or monitoring supports and services described by Subdivision (1);

(B) training school personnel regarding effective practices and district and campus procedures to support student mental health;

(C) a contract-based collaborative effort or partnership with one or more local community programs, agencies, or providers; and

(D) developing and implementing programs focused on restorative justice practices; and

(3) must be administered by licensed counselors, social workers, and individuals trained to provide mental health support and behavioral health services.

(d) Funds allocated for purposes of this section may not be used to supplant any other funds that may be provided for the same purpose.

(e) Not later than June 1 of each year and in accordance with commissioner rule, each school district shall submit to the commissioner information regarding the outcomes and expenditures related to funds allocated to the district under this section.

(f) Not later than September 1 of each year, the commissioner shall publish a report regarding the use of funds allocated under this section during the preceding school year, including information regarding the programs, personnel, and resources implemented, employed, or purchased by school districts using the funds and other purposes for which the funds were used.

SECTION 3. This Act takes effect September 1, 2023.