89R4087 AND-F

By: West S.B. No. 649

A BILL TO BE ENTITLED

AN ACT

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

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

SECTION 1. Section 48.115, Education Code, is amended by amending Subsection (b) and adding Subsection (f) 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 in accordance with the requirements of Section 37.351, including:

(A) improvements to school infrastructure;

(B) the use or installation of perimeter security fencing conducive to a public school learning environment or physical barriers, which may not include razor wire;

(C) exterior door and window safety and security upgrades, including exterior door numbering and locking systems and security film that provides resistance to a forced entry; and

(D) the purchase and maintenance of:

(i) security cameras and, if the district has already installed security cameras, other security equipment, including video surveillance as provided by Section 29.022; and

(ii) technology, including communications systems or devices, such as silent panic alert devices, two-way radios, or wireless Internet booster equipment, 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;

(3) school safety and security measures, 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, chaplains, and individuals trained in restorative discipline and restorative justice practices;

[(ii) providing mental health personnel and support, including chaplains;

[(iii) providing behavioral health services, including services provided by chaplains;

[(iv) establishing] threat reporting systems; and

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

(4) [providing programs related to suicide prevention, intervention, and postvention, including programs provided by chaplains; and

[(5)] employing a school safety director and other personnel to manage and monitor school safety initiatives and the implementation of school safety requirements for the district.

(f) Funds allocated under this section may not be used for the provision of mental and behavioral health services.

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

Sec. 48.117. MENTAL AND BEHAVIORAL HEALTH ALLOTMENT. (a) In this section, "student at risk of dropping out of school" has the meaning assigned by Section 29.081(d).

(b) A school district is entitled to an annual allotment for the provision of mental and behavioral health services in the district in an amount equal to:

(1) the sum of:

(A) $100,000; and

(B) $70 for each enrolled student at risk of dropping out of school; or

(2) a greater amount provided by appropriation.

(c) Funds allocated under this section must be used to:

(1) provide mental and behavioral health services to students at risk of dropping out of school; and

(2) develop or enhance a comprehensive school mental and behavioral 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;

(F) the alleviation of mental or emotional symptoms, illnesses, conditions, or disorders;

(G) the resolution of emotional, attitudinal, or relational conflicts;

(H) the management of feelings, attitudes, or behaviors that interfere with effective emotional, social, or intellectual functioning;

(I) a continuum of care for improving school performance; and

(J) staff wellness.

(d) Funds allocated under this section may be used to pay for costs associated with:

(1) the salary of school personnel responsible for planning, coordinating, delivering, or monitoring supports and services described by Subsection (c), including:

(A) a registered nurse with a doctoral degree in psychiatric nursing;

(B) a child psychiatrist;

(C) a licensed clinical social worker;

(D) a licensed master social worker under clinical supervision;

(E) a licensed professional counselor;

(F) a licensed professional counselor associate under the supervision of a Texas Behavioral Health Executive Council-approved supervisor;

(G) a licensed marriage and family therapist; or

(H) a licensed marriage and family therapist associate under clinical supervision;

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

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

(4) telehealth services from mental and behavioral health care providers, if sufficient in-person mental and behavioral health care providers are not available.

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

(f) In accordance with commissioner rule, each school district shall annually submit through the Public Education Information Management System (PEIMS) information regarding the outcomes and expenditures related to funds allocated to the district under this section.

(g) The commissioner shall annually 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.

(h) This section expires September 1, 2034.

SECTION 3. This Act takes effect September 1, 2025.