83R4485 MEW-F
 
  By: Taylor S.B. No. 831
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a list of mental health, substance abuse, and suicide
  prevention programs that may be selected for implementation by
  public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter O-1, Chapter 161,
  Health and Safety Code, is amended to read as follows:
  SUBCHAPTER O-1. [EARLY] MENTAL HEALTH, SUBSTANCE ABUSE,
  [INTERVENTION] AND [PREVENTION OF] YOUTH SUICIDE
         SECTION 2.  The heading to Section 161.325, Health and
  Safety Code, is amended to read as follows:
         Sec. 161.325.  [EARLY] MENTAL HEALTH PROMOTION AND
  INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND
  SUICIDE PREVENTION.
         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.
         SECTION 4.  This Act takes effect September 1, 2013.