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SECTION 3. Section 161.325,
Health and Safety Code, is amended by amending Subsections (a), (b), (d),
(e), and (i) and adding Subsections (a-1) and (a-2) to read as follows:
(a) The department, in
coordination with the Texas Education Agency and regional education
service centers, shall provide and annually update a list of
recommended best practice-based programs in the areas specified under
Subsection (a-1) [early mental health intervention and suicide
prevention programs] for implementation in public elementary, junior
high, middle, and high schools within the general education setting. Each
school district may select from the list a program or programs appropriate
for implementation in the district.
(a-1) The list must
include programs in the following areas:
(1) early mental health
intervention;
(2) culturally competent mental health promotion
and positive youth development;
(3) substance abuse
prevention;
(4) substance abuse
intervention; and
(5) suicide prevention.
(a-2) The department, the
Texas Education Agency, and each regional education service center shall
make the list easily accessible on their websites.
(b) The programs on the list
must include components that provide for training counselors, teachers,
nurses, administrators, and other staff, as well as law enforcement
officers and social workers who regularly interact with students, to:
(1) recognize students at
risk of committing suicide, including students who are or may be the
victims of or who engage in bullying;
(2) recognize students
displaying early warning signs and a possible need for early mental health or
substance abuse intervention, which warning signs may include declining
academic performance, depression, anxiety, isolation, unexplained changes
in sleep or eating habits, and destructive behavior toward self and others;
and
(3) intervene effectively
with students described by Subdivision (1) or (2) by providing notice and
referral to a parent or guardian so appropriate action, such as seeking
mental health or substance abuse services, may be taken by a parent
or guardian.
(d) The board of trustees of
each school district may adopt a policy concerning [early] mental
health promotion and intervention, substance abuse prevention and
intervention, and suicide prevention that:
(1) establishes a procedure
for providing notice of a recommendation for early mental health or
substance abuse intervention regarding a student to a parent or
guardian of the student within a reasonable amount of time after the
identification of early warning signs as described by Subsection (b)(2);
(2) establishes a procedure
for providing notice of a student identified as at risk of committing
suicide to a parent or guardian of the student within a reasonable amount
of time after the identification of early warning signs as described by
Subsection (b)(2);
(3) establishes that the
district may develop a reporting mechanism and may designate at least one
person to act as a liaison officer in the district for the purposes of
identifying students in need of early mental health or substance abuse
intervention or suicide prevention; and
(4) sets out available
counseling alternatives for a parent or guardian to consider when their
child is identified as possibly being in need of early mental health or
substance abuse intervention or suicide prevention.
(e) The policy must prohibit
the use without the prior consent of a student's parent or guardian of a
medical screening of the student as part of the process of identifying
whether the student is possibly in need of early mental health or
substance abuse intervention or suicide prevention.
(i) Nothing in this section
is intended to interfere with the rights of parents or guardians and the
decision-making regarding the best interest of the child. Policy and
procedures adopted in accordance with this section are intended to notify a
parent or guardian of a need for mental health or substance abuse
intervention so that a parent or guardian may take appropriate action. Nothing
in this section shall be construed as giving school districts the authority
to prescribe medications. Any and all medical decisions are to be made by a
parent or guardian of a student.
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SECTION 3. Section 161.325,
Health and Safety Code, is amended by amending Subsections (a), (b), (d),
(e), and (i) and adding Subsections (a-1) and (a-2) to read as follows:
(a) The department, in
coordination with the Texas Education Agency and regional education
service centers, shall provide and annually update a list of
recommended best practice-based programs in the areas specified under
Subsection (a-1) [early mental health intervention and suicide
prevention programs] for implementation in public elementary, junior
high, middle, and high schools within the general education setting. Each
school district may select from the list a program or programs appropriate
for implementation in the district.
(a-1) The list must
include programs in the following areas:
(1) early mental health
intervention;
(2) mental health
promotion and positive youth development;
(3) substance abuse
prevention;
(4) substance abuse
intervention; and
(5) suicide prevention.
(a-2) The department, the
Texas Education Agency, and each regional education service center shall
make the list easily accessible on their websites.
(b) The programs on the list
must include components that provide for training counselors, teachers,
nurses, administrators, and other staff, as well as law enforcement
officers and social workers who regularly interact with students, to:
(1) recognize students at
risk of committing suicide, including students who are or may be the
victims of or who engage in bullying;
(2) recognize students
displaying early warning signs and a possible need for early mental health or
substance abuse intervention, which warning signs may include declining
academic performance, depression, anxiety, isolation, unexplained changes
in sleep or eating habits, and destructive behavior toward self and others;
and
(3) intervene effectively
with students described by Subdivision (1) or (2) by providing notice and
referral to a parent or guardian so appropriate action, such as seeking
mental health or substance abuse services, may be taken by a parent
or guardian.
(d) The board of trustees of
each school district may adopt a policy concerning [early] mental
health promotion and intervention, substance abuse prevention and
intervention, and suicide prevention that:
(1) establishes a procedure
for providing notice of a recommendation for early mental health or
substance abuse intervention regarding a student to a parent or
guardian of the student within a reasonable amount of time after the
identification of early warning signs as described by Subsection (b)(2);
(2) establishes a procedure
for providing notice of a student identified as at risk of committing
suicide to a parent or guardian of the student within a reasonable amount
of time after the identification of early warning signs as described by
Subsection (b)(2);
(3) establishes that the
district may develop a reporting mechanism and may designate at least one
person to act as a liaison officer in the district for the purposes of
identifying students in need of early mental health or substance abuse
intervention or suicide prevention; and
(4) sets out available
counseling alternatives for a parent or guardian to consider when their
child is identified as possibly being in need of early mental health or
substance abuse intervention or suicide prevention.
(e) The policy must prohibit
the use without the prior consent of a student's parent or guardian of a
medical screening of the student as part of the process of identifying
whether the student is possibly in need of early mental health or
substance abuse intervention or suicide prevention.
(i) Nothing in this section
is intended to interfere with the rights of parents or guardians and the
decision-making regarding the best interest of the child. Policy and
procedures adopted in accordance with this section are intended to notify a
parent or guardian of a need for mental health or substance abuse
intervention so that a parent or guardian may take appropriate action. Nothing
in this section shall be construed as giving school districts the authority
to prescribe medications. Any and all medical decisions are to be made by a
parent or guardian of a student.
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