INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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ARTICLE 1. MENTAL HEALTH OF
STUDENTS IN PUBLIC SCHOOLS
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Same as introduced version.
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SECTION 1.01. Subchapter D,
Chapter 11, Education Code, is amended by adding Section 11.183 to read as
follows:
Sec. 11.183. SAFE AND SUPPORTIVE SCHOOL CLIMATE ASSESSMENT AND
PROMOTION. (a) In this section:
(1) "Behavioral health disorder" means co-occurring
mental illness and substance abuse.
(2) "Mental illness" means an illness,
disease, or condition, other than
epilepsy, dementia, substance abuse, or intellectual or developmental
disability, that:
(A) substantially impairs
a person's thought, perception of reality, emotional process, or judgment;
or
(B) grossly impairs
behavior as demonstrated by recent disturbed behavior.
(3) "Substance
abuse" means a patterned use of a substance, including a controlled substance,
as defined by Chapter 481, Health and Safety Code, and alcohol, in which
the person consumes the substance in amounts or with methods that are
harmful to the person's self or to others.
(b) The board of trustees of each independent school district
shall adopt a process for assessing whether the school climate in the
district and each campus in the district is safe and supportive and
promotes the social and emotional wellness of students.
(c) The board shall adopt a policy to promote a safe and supportive
school climate in the district and each campus in the district that
includes the use of:
(1) instructional methods and trauma-informed practices for
promoting a safe and supportive school climate and social and emotional
wellness; and
(2) special programs addressing students' mental illness,
substance abuse, and behavioral health disorder challenges.
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SECTION 1.01. Section 5.001,
Education Code, is amended by adding Subdivisions (5-a) and (9) to read as
follows:
(5-a) "Mental health condition" means an
illness, disease, or disorder,
other than epilepsy, dementia, substance abuse, or intellectual disability,
that:
(A) substantially impairs
a person's thought, perception of reality, emotional process, or judgment;
or
(B) grossly impairs
behavior as demonstrated by recent disturbed behavior.
(9) "Substance
abuse" means a patterned use of a substance, including a controlled
substance, as defined by Chapter 481, Health and Safety Code, and alcohol,
in which the person consumes the substance in amounts or with methods that
are harmful to the person's self or to others.
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SECTION 1.02. Section
11.252(a), Education Code, is amended to read as follows:
(a) Each school district
shall have a district improvement plan that is developed, evaluated, and
revised annually, in accordance with district policy, by the superintendent
with the assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to guide
district and campus staff in the improvement of student performance for all
student groups in order to attain state standards in respect to the
achievement indicators adopted under Sections 39.053(c)(1)-(4). The
district improvement plan must include provisions for:
(1) a comprehensive needs
assessment addressing district student performance on the achievement
indicators, and other appropriate measures of performance, that are
disaggregated by all student groups served by the district, including
categories of ethnicity, socioeconomic status, sex, and populations served
by special programs, including students in special education programs under
Subchapter A, Chapter 29;
(2) measurable district
performance objectives for all appropriate achievement indicators for all
student populations, including students in special education programs under
Subchapter A, Chapter 29, and other measures of student performance that
may be identified through the comprehensive needs assessment;
(3) strategies for
improvement of student performance that include:
(A) instructional methods
for addressing the needs of student groups not achieving their full
potential;
(B) methods for addressing
the needs of students for special programs, including:
(i) suicide prevention
programs, in accordance with Subchapter G [O-1], Chapter 38
[161, Health and Safety Code], which include [includes]
a parental or guardian notification procedure;
(ii) conflict resolution
programs;
(iii) violence prevention
programs; and
(iv) dyslexia treatment
programs;
(C) dropout reduction;
(D) integration of
technology in instructional and administrative programs;
(E) positive behavior
[discipline] management;
(F) staff development for
professional staff of the district;
(G) career education to
assist students in developing the knowledge, skills, and competencies
necessary for a broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing
to middle school, junior high school, and high school students, those
students' teachers and school counselors, and those students' parents
information about:
(A) higher education
admissions and financial aid opportunities;
(B) the TEXAS grant program
and the Teach for Texas grant program established under Chapter 56;
(C) the need for students to
make informed curriculum choices to be prepared for success beyond high
school; and
(D) sources of information
on higher education admissions and financial aid;
(5) resources needed to
implement identified strategies;
(6) staff responsible for
ensuring the accomplishment of each strategy;
(7) timelines for ongoing
monitoring of the implementation of each improvement strategy;
(8) formative evaluation
criteria for determining periodically whether strategies are resulting in
intended improvement of student performance; and
(9) the policy under Section
38.0041 addressing sexual abuse and other maltreatment of children.
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SECTION 1.02. Section
11.252(a), Education Code, is amended to read as follows:
(a) Each school district
shall have a district improvement plan that is developed, evaluated, and
revised annually, in accordance with district policy, by the superintendent
with the assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to guide
district and campus staff in the improvement of student performance for all
student groups in order to attain state standards in respect to the
achievement indicators adopted under Sections 39.053(c)(1)-(4). The
district improvement plan must include provisions for:
(1) a comprehensive needs
assessment addressing district student performance on the achievement
indicators, and other appropriate measures of performance, that are
disaggregated by all student groups served by the district, including
categories of ethnicity, socioeconomic status, sex, and populations served
by special programs, including students in special education programs under
Subchapter A, Chapter 29;
(2) measurable district
performance objectives for all appropriate achievement indicators for all
student populations, including students in special education programs under
Subchapter A, Chapter 29, and other measures of student performance that
may be identified through the comprehensive needs assessment;
(3) strategies for
improvement of student performance that include:
(A) instructional methods
for addressing the needs of student groups not achieving their full
potential;
(B) methods for addressing
the needs of students for special programs, including:
(i) suicide prevention
programs, in accordance with Subchapter G [O-1], Chapter 38
[161, Health and Safety Code], which include [includes]
a parental or guardian notification procedure;
(ii) conflict resolution
programs;
(iii) violence prevention
programs; and
(iv) dyslexia treatment
programs;
(C) dropout reduction;
(D) integration of
technology in instructional and administrative programs;
(E) positive behavior interventions and support [discipline
management];
(F) staff development for
professional staff of the district;
(G) career education to
assist students in developing the knowledge, skills, and competencies
necessary for a broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing
to middle school, junior high school, and high school students, those
students' teachers and school counselors, and those students' parents
information about:
(A) higher education
admissions and financial aid opportunities;
(B) the TEXAS grant program
and the Teach for Texas grant program established under Chapter 56;
(C) the need for students to
make informed curriculum choices to be prepared for success beyond high
school; and
(D) sources of information
on higher education admissions and financial aid;
(5) resources needed to implement
identified strategies;
(6) staff responsible for
ensuring the accomplishment of each strategy;
(7) timelines for ongoing
monitoring of the implementation of each improvement strategy;
(8) formative evaluation
criteria for determining periodically whether strategies are resulting in
intended improvement of student performance; and
(9) the policy under Section
38.0041 addressing sexual abuse and other maltreatment of children.
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SECTION 1.03. Section
21.001, Education Code, is amended to read as follows:
Sec. 21.001. DEFINITIONS
[DEFINITION]. In this chapter:
(1) "Behavioral
health disorder," "mental illness," and "substance
abuse" have the meanings assigned by Section 11.183.
(2)
"Commissioner"[, "commissioner"] includes a
person designated by the commissioner.
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No
equivalent provision.
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SECTION 1.04. Section
21.044(c-1), Education Code, is amended to read as follows:
(c-1) Any minimum academic
qualifications for a certificate specified under Subsection (a) that
require a person to possess a bachelor's degree must also require that the
person receive, as part of the training required to obtain that
certificate, instruction regarding mental health, substance abuse, and
youth suicide. The instruction required must:
(1) be provided through a program
selected from the list of recommended best practice-based programs
established under Section 38.301 [161.325, Health and Safety Code];
and
(2) include effective
strategies [for teaching and intervening with students with mental or
emotional disorders], including de-escalation techniques and positive
behavioral interventions and supports, for teaching and intervening with
students with mental illness or a
behavioral health disorder
or who engage in substance abuse.
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SECTION 1.03. Section
21.044(c-1), Education Code, is amended to read as follows:
(c-1) Any minimum academic
qualifications for a certificate specified under Subsection (a) that
require a person to possess a bachelor's degree must also require that the
person receive, as part of the training required to obtain that
certificate, instruction regarding mental health, substance abuse, and
youth suicide. The instruction required must:
(1) be provided through a
program selected from the list of recommended best practice-based programs
established under Section 38.301 [161.325, Health and Safety Code];
and
(2) include effective
strategies [for teaching and intervening with students with mental or
emotional disorders], including de-escalation techniques and positive
behavioral interventions and supports, for teaching and intervening with
students with mental health conditions
or who engage in substance abuse.
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SECTION 1.05. Section 21.054,
Education Code, is amended by amending Subsections (d), (e), (f), and (g)
and adding Subsection (d-2) to read as follows:
(d) Continuing education
requirements for a classroom teacher must provide that not more than 25
percent of the training required every five years include instruction
regarding:
(1) collecting and analyzing
information that will improve effectiveness in the classroom;
(2) recognizing early
warning indicators that a student may be at risk of dropping out of school;
(3) integrating technology
into classroom instruction; and
(4) educating diverse
student populations, including:
(A) students with learning disabilities[,
including mental health disorders];
(B)
students with intellectual or developmental disabilities;
(C) students with mental illness or a behavioral health disorder
or who engage in substance abuse;
(D) students who are
educationally disadvantaged;
(E) [(C)]
students of limited English proficiency; and
(F) [(D)]
students at risk of dropping out of school.
(d-2) Continuing
education requirements for an educator
may include instruction regarding how grief and trauma affect student
learning and behavior and how evidence-based, grief-informed, and
trauma-informed strategies support the academic success of students affected
by grief and trauma.
(e) Continuing education
requirements for a principal must provide that not more than 25 percent of
the training required every five years include instruction regarding:
(1) effective and efficient
management, including:
(A) collecting and analyzing
information;
(B) making decisions and
managing time; and
(C) supervising student
discipline and managing behavior;
(2) recognizing early
warning indicators that a student may be at risk of dropping out of school;
(3) integrating technology
into campus curriculum and instruction; and
(4) educating diverse
student populations, including:
(A) students with learning disabilities[,
including mental health
disorders];
(B) students with intellectual or developmental disabilities;
(C) students with mental illness or a behavioral health disorder
or who engage in substance abuse;
(D) students who are
educationally disadvantaged;
(E) [(C)]
students of limited English proficiency; and
(F) [(D)]
students at risk of dropping out of school.
(f) Continuing education
requirements for a counselor must provide that not more than 25 percent of
training required every five years include instruction regarding:
(1) assisting students in
developing high school graduation plans;
(2) implementing dropout
prevention strategies; [and]
(3) informing students
concerning:
(A) college admissions,
including college financial aid resources and application procedures; and
(B) career opportunities;
and
(4) counseling students
concerning mental illness, behavioral
health disorders, and substance abuse.
(g) The board shall adopt
rules that allow an educator to
fulfill [up to 12 hours of]
continuing education requirements by participating in a mental
health first aid training program offered by a local mental health
authority under Section 1001.203, Health and Safety Code. The rules
adopted under this subsection must allow an educator who
completes a mental health
first aid training program offered:
(1) using an online or
videoconferencing format to fulfill not more than eight hours of continuing
education requirements; or
(2) through a classroom
instruction format that requires in-person attendance to fulfill not more
than 16 hours of continuing education requirements, with the educator
permitted to receive
credit for twice the number of hours of instruction provided. [The
number of hours of continuing education an educator may fulfill under this
subsection may not exceed the number of hours the educator actually spends
participating in a mental health first aid training program.]
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SECTION 1.04. Section
21.054, Education Code, is amended by amending Subsections (d), (e), (f),
and (g) and adding Subsections (d-2) and (e-2) to read as follows:
(d) Continuing education
requirements for a classroom teacher must provide that not more than 25
percent of the training required every five years include instruction
regarding:
(1) collecting and analyzing
information that will improve effectiveness in the classroom;
(2) recognizing early
warning indicators that a student may be at risk of dropping out of school;
(3) integrating technology
into classroom instruction; and
(4) educating diverse
student populations, including:
(A) students who are eligible to participate in special
education programs under Subchapter A, Chapter 29 [with disabilities,
including mental health disorders];
(B)
students who are eligible to receive educational services required under
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);
(C) students with mental health conditions or who engage
in substance abuse;
(D) students who are
educationally disadvantaged;
(E) [(C)]
students of limited English proficiency; and
(F) [(D)]
students at risk of dropping out of school.
(d-2) Continuing
education requirements for a classroom
teacher may include instruction regarding how grief and trauma
affect student learning and behavior and how evidence-based,
grief-informed, and trauma-informed strategies support the academic success
of students affected by grief and trauma.
(e) Continuing education
requirements for a principal must provide that not more than 25 percent of
the training required every five years include instruction regarding:
(1) effective and efficient
management, including:
(A) collecting and analyzing
information;
(B) making decisions and
managing time; and
(C) supervising student
discipline and managing behavior;
(2) recognizing early
warning indicators that a student may be at risk of dropping out of school;
(3) integrating technology
into campus curriculum and instruction; and
(4) educating diverse
student populations, including:
(A) students who are eligible to participate in special
education programs under Subchapter A, Chapter 29 [with disabilities, including
mental health disorders];
(B) students who are eligible to receive
educational services required under Section 504, Rehabilitation Act of 1973
(29 U.S.C. Section 794);
(C) students with mental health conditions or who engage
in substance abuse;
(D) students who are
educationally disadvantaged;
(E) [(C)]
students of limited English proficiency; and
(F) [(D)]
students at risk of dropping out of school.
(e-2) Continuing education requirements for a principal may
include instruction regarding how grief and trauma affect student learning
and behavior and how evidence-based, grief-informed, and trauma-informed
strategies support the academic success of students affected by grief and
trauma.
(f) Continuing education
requirements for a counselor must provide that not more than 25 percent of
training required every five years include instruction regarding:
(1) assisting students in
developing high school graduation plans;
(2) implementing dropout
prevention strategies; [and]
(3) informing students
concerning:
(A) college admissions,
including college financial aid resources and application procedures; and
(B) career opportunities;
and
(4) counseling students
concerning mental health conditions
and substance abuse.
(g) The board shall adopt rules
that allow an educator, including a
classroom teacher and a principal or other administrator, to
fulfill [up to 12 hours of] continuing education requirements
by participating in a mental health first aid training program offered by a
local mental health authority under Section 1001.203, Health and Safety
Code. The rules adopted under this subsection must allow an educator, including a classroom teacher and a principal
or other administrator, who completes a mental health first aid
training program offered:
(1) using an online or
videoconferencing format to fulfill not more than eight hours of continuing
education requirements; or
(2) through a classroom
instruction format that requires in-person attendance to fulfill not more
than 16 hours of continuing education requirements, with the educator, including a classroom teacher and a principal
or other administrator, permitted to receive credit for twice the
number of hours of instruction provided. [The number of hours of
continuing education an educator may fulfill under this subsection may not
exceed the number of hours the educator actually spends participating in a
mental health first aid training program.]
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SECTION 1.06. Sections
21.451(d) and (d-1), Education Code, are amended to read as follows:
(d) The staff development:
(1) may include training in:
(A) recognizing signs of mental illness, behavioral health disorders,
and substance abuse;
(B) technology;
(C) [(B)]
conflict resolution;
(D) [(C)] discipline strategies, including
classroom management, district discipline policies, and the student code of
conduct adopted under [Section 37.001 and] Chapter 37; and
(E) [(D)]
preventing, identifying, responding to, and reporting incidents of
bullying;
(2) subject to Subsection
(e) and to Section 21.3541 and rules adopted under that section, must
include training that is evidence-based [based on scientifically
based research], as defined by Section 8101, Every Student Succeeds
Act, [9101, No Child Left Behind Act of 2001] (20 U.S.C. Section
7801), and that:
(A) relates to instruction
of students with disabilities; and
(B) is designed for
educators who work primarily outside the area of special education; and
(3) must include suicide
prevention training that must be provided:
(A) on an annual basis, as
part of a new employee orientation, to all new school district and
open-enrollment charter school educators; and
(B) to existing school
district and open-enrollment charter school educators on a schedule adopted
by the agency by rule.
(d-1) The suicide prevention
training required by Subsection (d)(3) must use a best practice-based
program recommended by the Health and Human Services Commission [Department
of State Health Services] in coordination with the agency under Section
38.301 [161.325, Health and Safety Code].
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SECTION 1.05. Sections
21.451(d), (d-1), and (e), Education Code, are amended to read as follows:
(d) The staff development:
(1) may include training in:
(A) recognizing signs of mental health conditions and substance abuse;
(B) technology;
(C) [(B)]
conflict resolution;
(D) positive behavior intervention and support [(C) discipline] strategies,
including classroom management, district discipline policies, and the
student code of conduct adopted under [Section 37.001 and] Chapter
37; and
(E) [(D)]
preventing, identifying, responding to, and reporting incidents of
bullying;
(2) subject to Subsection
(e) and to Section 21.3541 and rules adopted under that section, must
include training that is evidence-based [based on scientifically
based research], as defined by Section 8101, Every Student Succeeds
Act [9101, No Child Left Behind Act of 2001] (20 U.S.C. Section
7801), and that:
(A) relates to instruction
of students with disabilities; and
(B) is designed for
educators, including classroom
teachers, who work primarily outside the area of special
education; and
(3) must include suicide
prevention training that must be provided:
(A) on an annual basis, as
part of a new employee orientation, to all new school district and open-enrollment
charter school educators, including
classroom teachers; and
(B) to existing school
district and open-enrollment charter school educators, including classroom teachers, on a
schedule adopted by the agency by rule.
(d-1) The suicide prevention
training required by Subsection (d)(3) must use a best practice-based
program recommended by the Health and Human Services Commission [Department
of State Health Services] in coordination with the agency under Section
38.301 [161.325, Health and Safety Code].
(e)
A school district is required to provide the training described by
Subsection (d)(2) to an educator, including a classroom teacher, who
works primarily outside the area of special education only if the educator
does not possess the knowledge and skills necessary to implement the
individualized education program developed for a student receiving
instruction from the educator. A district may determine the time and place
at which the training is delivered.
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SECTION 1.07. Subchapter J,
Chapter 21, Education Code, is amended by adding Section 21.462 to read as
follows:
Sec. 21.462. RESOURCES FOR
TEACHERS OF STUDENTS WITH MENTAL HEALTH NEEDS.
The agency, in
coordination with the Health and Human Services Commission, shall establish
and maintain an Internet website to provide resources for teachers regarding teaching students with mental illness or a behavioral health disorder
or who engage in substance abuse.
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SECTION 1.06. Subchapter J,
Chapter 21, Education Code, is amended by adding Section 21.462 to read as
follows:
Sec. 21.462. RESOURCES
REGARDING STUDENTS WITH HEALTH NEEDS.
The agency, in
coordination with the Health and Human Services Commission, shall establish
and maintain an Internet website to provide resources for school district or open-enrollment charter
school employees regarding working
with students with mental health
conditions, students who engage in substance abuse, or students with physical health needs. The
agency must include on the Internet website information about:
(1) the interventions for, treatment of, and management of
mental health conditions, substance abuse, and physical health needs, and
how mental health conditions, substance abuse, or physical health needs may
affect
a student's well-being or ability to succeed in school;
(2) grief-informed and trauma-informed practices; building
skills related to managing emotions, establishing and maintaining positive relationships,
and responsible decision-making; positive behavior interventions and
supports; and a safe and supportive school climate; and
(3) food allergies that are common among students, methods for
preventing exposure to a specific food when necessary to protect a
student's health, and treating a student who is suffering from an allergic
reaction to a food.
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SECTION 1.08. Section
21.463, Education Code, is amended to read as follows:
Sec. 21.463. RESOURCES FOR
TEACHERS OF STUDENTS WITH SPECIAL PHYSICAL HEALTH NEEDS. The
agency, in coordination with the Health and Human Services Commission,
shall establish and maintain an Internet website to provide resources for
teachers who teach students with special physical health needs. The
agency shall include on the website information about:
(1) the treatment and
management of chronic physical illnesses and how such illnesses
impact a student's well-being or ability to succeed in school; and
(2) food allergies that are
common among students, including information about preventing exposure to a
specific food when necessary to protect a student's health and information
about treating a student suffering from an allergic reaction to a food.
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No
equivalent provision. (But see SECTION 3.01 below.)
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SECTION 1.09. Subchapter A,
Chapter 28, Education Code, is amended by adding Section 28.0011 to read as
follows:
Sec. 28.0011.
DEFINITIONS. In this chapter, "behavioral health disorder,"
"mental illness," and "substance abuse" have the
meanings assigned by Section 11.183.
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No
equivalent provision.
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SECTION 1.10. Sections
28.002(a) and (r), Education Code, are amended to read as follows:
(a) Each school district
that offers kindergarten through grade 12 shall offer, as a required
curriculum:
(1) a foundation curriculum
that includes:
(A) English language arts;
(B) mathematics;
(C) science; and
(D) social studies,
consisting of Texas, United States, and world history, government,
economics, with emphasis on the free enterprise system and its benefits,
and geography; and
(2) an enrichment curriculum
that includes:
(A) to the extent possible,
languages other than English;
(B) physical health, with emphasis on
the importance of proper nutrition and exercise;
(C) mental health, with emphasis on instruction about mental illness, behavioral health disorders,
and substance abuse;
(D) physical
education;
(E) [(D)] fine
arts;
(F) [(E)]
career and technology education;
(G) [(F)]
technology applications;
(H) [(G)]
religious literature, including the Hebrew Scriptures (Old Testament) and
New Testament, and its impact on history and literature; and
(I) [(H)]
personal financial literacy.
(r) In adopting the
essential knowledge and skills for the mental
health curriculum under Subsection (a)(2)(C) [(a)(2)(B)], the State Board of
Education shall adopt essential knowledge and skills that address the
dangers, causes, consequences, signs, symptoms, and treatment of binge
drinking, [and] alcohol poisoning, and substance abuse.
The agency shall compile a list of evidence-based substance abuse [alcohol]
awareness programs from which a school district shall choose a program to
use in the district's middle school, junior high school, and high school mental health curriculum. In this
subsection, "evidence-based substance abuse [alcohol]
awareness program" means a program, practice, or strategy that has
been proven to effectively prevent substance abuse [or delay
alcohol use] among students, as determined by evaluations that use valid and reliable measures and that are
published in peer-reviewed journals.
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SECTION 1.07. Sections
28.002(a) and (r), Education Code, are amended to read as follows:
(a) Each school district
that offers kindergarten through grade 12 shall offer, as a required
curriculum:
(1) a foundation curriculum
that includes:
(A) English language arts;
(B) mathematics;
(C) science; and
(D) social studies,
consisting of Texas, United States, and world history, government,
economics, with emphasis on the free enterprise system and its benefits,
and geography; and
(2) an enrichment curriculum
that includes:
(A) to the extent possible,
languages other than English;
(B) health, with emphasis on:
(i) physical health, including the
importance of proper nutrition and exercise; and
(ii) mental health, including instruction about mental health conditions and substance
abuse;
(C) physical education;
(D) fine arts;
(E) career and technology
education;
(F) technology applications;
(G) religious literature,
including the Hebrew Scriptures (Old Testament) and New Testament, and its
impact on history and literature; and
(H) personal financial
literacy.
(r) In adopting the
essential knowledge and skills for the health curriculum under Subsection (a)(2)(B), the State Board of Education
shall adopt essential knowledge and skills that address the dangers,
causes, consequences, signs, symptoms, and treatment of binge drinking,
[and] alcohol poisoning, and other
forms of substance abuse. The agency shall compile a list of
evidence-based substance abuse [alcohol] awareness programs
from which a school district shall choose a program to use in the
district's middle school, junior high school, and high school health
curriculum.
In this subsection,
"evidence-based substance abuse [alcohol] awareness program"
means a program, practice, or strategy that has been proven to effectively
prevent substance abuse [or delay alcohol use] among
students, as determined by evaluations that are evidence-based
[use valid and reliable measures and that are published in peer-reviewed
journals].
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SECTION 1.11. Sections
28.004(c), (d), and (k), Education Code, are amended to read as follows:
(c) The local school health
advisory council's duties include recommending:
(1) the number of hours of
instruction to be provided in physical
health education and in mental health education;
(2) policies, procedures,
strategies, and curriculum appropriate for specific grade levels designed
to prevent physical health concerns, including obesity,
cardiovascular disease, Type 2 diabetes, and mental health concerns through
coordination of:
(A) health education,
which must equally address
physical health concerns and mental health concerns to ensure the
integration of physical health education and mental health education;
(B) physical education and
physical activity;
(C) nutrition services;
(D) parental involvement;
(E) instruction to prevent the use of tobacco;
(F) school health services;
(G) counseling and guidance
services;
(H) a safe and healthy
school environment; and
(I) school employee
wellness;
(3) appropriate grade levels
and methods of instruction for human sexuality instruction;
(4) strategies for
integrating the curriculum components specified by Subdivision (2) with the
following elements in a coordinated school health program for the district:
(A) school health services,
including physical health services and mental health services, if provided
at a campus by the district or by a third party under a contract with the
district;
(B) counseling and guidance
services;
(C) a safe and healthy
school environment; and
(D) school employee
wellness; and
(5) if feasible, joint use
agreements or strategies for collaboration between the school district and
community organizations or agencies.
(d) The board of trustees shall
appoint at least five members to the local school health advisory council.
A majority of the members must be persons who are parents of students
enrolled in the district and who are not employed by the district. One of
those members shall serve as chair or co-chair of the council. The
board of trustees shall appoint at least one psychiatrist or nonphysician
mental health professional, as defined by Section 38.0101.
For each school year for which the board of trustees is unable
to appoint a psychiatrist or nonphysician mental health professional, the
board must submit to the commissioner a statement that the board was unable
to appoint a psychiatrist or nonphysician mental health professional
despite a good faith effort to do so.
The board of trustees also
may appoint one or more persons from each of the following groups or a
representative from a group other than a group specified under this
subsection:
(1) public school teachers;
(2) public school
administrators;
(3) district students;
(4) health care
professionals;
(5) the business community;
(6) law enforcement;
(7) senior citizens;
(8) the clergy;
(9) nonprofit health
organizations; and
(10) local domestic violence
programs.
(k) A school district shall
publish in the student handbook and post on the district's Internet
website, if the district has an Internet website:
(1) a statement of the
policies adopted to promote the physical health and mental health of
students, the physical health and mental health resources available at each
campus, contact information for the nearest providers of essential public
health services under Chapter 121, Health and Safety Code, and the contact
information for the nearest local mental health authority;
(2) a statement of
the policies adopted to ensure that elementary school, middle school, and
junior high school students engage in at least the amount and level of
physical activity required by Section 28.002(l);
(3) [(2)] a
statement of:
(A) the number of times
during the preceding year the district's school health advisory council has
met;
(B) whether the district has
adopted and enforces policies to ensure that district campuses comply with
agency vending machine and food service guidelines for restricting student
access to vending machines; and
(C) whether the district has
adopted and enforces policies and procedures that prescribe penalties for
the use of e-cigarettes, as defined by Section 38.006, and tobacco products
by students and others on school campuses or at school-sponsored or school-related
activities; and
(4) [(3)] a
statement providing notice to parents that they can request in writing
their child's physical fitness assessment results at the end of the school
year.
|
SECTION 1.08. Sections
28.004(c), (d), and (k), Education Code, are amended to read as follows:
(c) The local school health
advisory council's duties include recommending:
(1) the number of hours of
instruction to be provided in health education, including physical health education and mental health
education;
(2) policies, procedures,
strategies, and curriculum appropriate for specific grade levels designed
to prevent physical health concerns, including obesity,
cardiovascular disease, Type 2 diabetes, and mental health concerns through
coordination of:
(A) health education,
which must address physical health concerns and mental health concerns to
ensure the integration of physical health education and mental health
education;
(B) physical education and
physical activity;
(C) nutrition services;
(D) parental involvement;
(E) instruction about substance abuse [to prevent the use of tobacco];
(F) school health services,
including mental health services;
(G) counseling and guidance
services;
(H) a safe and healthy
school environment; and
(I) school employee wellness;
(3) appropriate grade levels
and methods of instruction for human sexuality instruction;
(4) strategies for
integrating the curriculum components specified by Subdivision (2) with the
following elements in a coordinated school health program for the district:
(A) school health services,
including physical health services and mental health services, if provided
at a campus by the district or by a third party under a contract with the
district;
(B) counseling and guidance
services;
(C) a safe and healthy
school environment; and
(D) school employee
wellness; and
(5) if feasible, joint use
agreements or strategies for collaboration between the school district and
community organizations or agencies.
(d) The board of trustees
shall appoint at least five members to the local school health advisory
council. A majority of the members must be persons who are parents of
students enrolled in the district and who are not employed by the
district. One of those members shall serve as chair or co-chair of the council.
The board of trustees shall make a
good faith effort to appoint at least one psychiatrist or
nonphysician mental health professional, as defined by Section 38.0101.
The board of trustees also
may appoint one or more persons from each of the following groups or a
representative from a group other than a group specified under this
subsection:
(1) public school teachers;
(2) public school
administrators;
(3) district students;
(4) health care
professionals;
(5) the business community;
(6) law enforcement;
(7) senior citizens;
(8) the clergy;
(9) nonprofit health
organizations; and
(10) local domestic violence
programs.
(k) A school district shall
publish in the student handbook and post on the district's Internet
website, if the district has an Internet website:
(1) a statement of the
policies and procedures adopted
to promote the physical health and mental health of students, the physical
health and mental health resources available at each campus, contact
information for the nearest providers of essential public health services
under Chapter 121, Health and Safety Code, and the contact information for
the nearest local mental health authority;
(2) a statement of
the policies adopted to ensure that elementary school, middle school, and
junior high school students engage in at least the amount and level of
physical activity required by Section 28.002(l);
(3) [(2)] a
statement of:
(A) the number of times
during the preceding year the district's school health advisory council has
met;
(B) whether the district has
adopted and enforces policies to ensure that district campuses comply with
agency vending machine and food service guidelines for restricting student
access to vending machines; and
(C) whether the district has
adopted and enforces policies and procedures that prescribe penalties for
the use of e-cigarettes, as defined by Section 38.006, and tobacco products
by students and others on school campuses or at school-sponsored or
school-related activities; and
(4) [(3)] a
statement providing notice to parents that they can request in writing
their child's physical fitness assessment results at the end of the school
year.
|
SECTION 1.12. Section
29.003(b), Education Code, is amended to read as follows:
(b) A student is eligible to
participate in a school district's special education program if the
student:
(1) is not more than 21
years of age and has a visual or auditory impairment that prevents the
student from being adequately or safely educated in public school without
the provision of special services; or
(2) is at least three but
not more than 21 years of age and has one or more of the following
disabilities that prevents the student from being adequately or safely
educated in public school without the provision of special services:
(A) physical disability;
(B) intellectual or developmental disability [mental
retardation];
(C) mental health disorder or social-emotional
disorder [emotional disturbance];
(D) learning disability;
(E) autism;
(F) speech disability; or
(G) traumatic brain injury.
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SECTION 1.09. Section
29.003(b), Education Code, is amended to read as follows:
(b) A student is eligible to
participate in a school district's special education program if the
student:
(1) is not more than 21
years of age and has a visual or auditory impairment that prevents the
student from being adequately or safely educated in public school without
the provision of special services; or
(2) is at least three but
not more than 21 years of age and has one or more of the following
disabilities that prevents the student from being adequately or safely
educated in public school without the provision of special services:
(A) physical disability;
(B) intellectual
disability [mental retardation];
(C) emotional disturbance;
(D) learning disability;
(E) autism;
(F) speech disability; or
(G) traumatic brain injury.
|
SECTION 1.13. Sections
29.004(a), (a-1), and (c), Education Code, are amended to read as follows:
(a)
A written report of a full individual and initial evaluation of a student
for purposes of special education services shall be completed as follows,
except as otherwise provided by this section:
(1)
not later than the 20th [45th] school day following the date
on which the school district, in accordance with 20 U.S.C. Section 1414(a),
as amended, receives written consent for the evaluation, signed by the
student's parent or legal guardian, except that if a student has been
absent from school during that period on three or more days, that period
must be extended by a number of school days equal to the number of school
days during that period on which the student has been absent; or
(2)
for students under five years of age on [by] September 1 of
the school year and not enrolled in public school and for students enrolled
in a private or home school setting, not later than the 20th [45th]
school day following the date on which the school district receives written
consent for the evaluation, signed by a student's parent or legal guardian.
(a-1)
If a school district receives written consent signed by a student's parent
or legal guardian for a full individual and initial evaluation of a student
at least 10 [35] but less than 20 [45] school
days before the last instructional day of the school year, the evaluation
must be completed and the written report of the evaluation must be provided
to the parent or legal guardian not later than June 30 of that year. The
student's admission, review, and dismissal committee shall meet not later
than the seventh [15th] school day of the following school
year to consider the evaluation. If a district receives written consent
signed by a student's parent or legal guardian less than 10 [35]
school days before the last instructional day of the school year, or if the district
receives the written consent at least 10 [35] but less than 20
[45] school days before the last instructional day of the school
year but the student is absent from school during that period on three or
more days, Subsection (a)(1) applies to the date the written report of the
full individual and initial evaluation is required.
(c)
If a parent or legal guardian makes a written request to a school
district's director of special education services or to a district
administrative employee for a full individual and initial evaluation of a
student, the district shall, not later than the seventh [15th]
school day after the date the district receives the request:
(1)
provide an opportunity for the parent or legal guardian to give written
consent for the evaluation; or
(2)
refuse to provide the evaluation and provide the parent or legal guardian
with notice of procedural safeguards under 20 U.S.C. Section 1415(b).
|
SECTION 1.10. Section
29.004, Education Code, is amended by adding Subsection (d) to read as
follows:
(d) A school district may develop an interim intervention,
support, or crisis plan to provide immediate services and supports to a
student while the student's full individual and initial evaluation is being
conducted.
|
SECTION 1.14. Section
29.0041, Education Code, is amended to read as follows:
Sec. 29.0041. INFORMATION
AND CONSENT FOR CERTAIN MENTAL HEALTH ASSESSMENTS, EVALUATIONS, OR EXAMINATIONS
[PSYCHOLOGICAL EXAMINATIONS OR TESTS]. (a) On request of a child's
parent, before obtaining the parent's consent under 20 U.S.C. Section 1414
for the administration of any mental health assessment, evaluation, or
[psychological] examination of [or test to] the child
that is included as part of the evaluation of the child's need for special
education, a school district shall provide to the child's parent:
(1) the name and type of the
assessment, evaluation, or examination [or test]; and
(2) an explanation of how
the assessment, evaluation, or examination [or test] will be
used to develop an appropriate individualized education program for the
child.
(b) If the district
determines that an additional mental health assessment, evaluation, or
examination [or test] is required for the evaluation of a child's
need for special education after obtaining consent from the child's parent
under Subsection (a), the district shall provide the information described
by Subsections (a)(1) and (2) to the child's parent regarding the
additional mental health assessment, evaluation, or examination [or
test] and shall obtain additional consent for the assessment,
evaluation, or examination [or test].
(c) The time required for
the district to provide information and seek consent under Subsection (b)
may not be counted toward the 20 school [60 calendar] days
for completion of an evaluation under Section 29.004. If a parent does not
give consent under Subsection (b) within 10 school [20 calendar]
days after the date the district provided to the parent the information
required by that subsection, the parent's consent is considered denied.
|
No
equivalent provision.
|
SECTION 1.15. Section
29.011(b), Education Code, is amended to read as follows:
(b) The commissioner shall
require each school district or shared services arrangement to designate at
least one employee to serve as the district's or shared services
arrangement's designee on transition and employment services for students
enrolled in special education programs under this subchapter. The
commissioner shall develop minimum training guidelines for a district's or
shared services arrangement's designee. An individual designated under
this subsection must provide information and resources about effective
transition planning and services and interagency coordination to ensure
that local school staff communicate and collaborate with:
(1) students enrolled in
special education programs under this subchapter and the parents of those
students; and
(2) as appropriate, local
and regional staff of [the]:
(A) the Health and
Human Services Commission;
(B) the [Department
of Aging and Disability Services;
[(C) Department of
Assistive and Rehabilitative Services;
[(D)] Department of
State Health Services; [and]
(C) the [(E)]
Department of Family and Protective Services; and
(D) any other health and human services agency, as defined by
Section 531.001, Government Code, that provides relevant services.
|
SECTION 1.11. Section
29.011(b), Education Code, is amended to read as follows:
(b) The commissioner shall
require each school district or shared services arrangement to designate at
least one employee to serve as the district's or shared services
arrangement's designee on transition and employment services for students
enrolled in special education programs under this subchapter. The
commissioner shall develop minimum training guidelines for a district's or
shared services arrangement's designee. An individual designated under
this subsection must provide information and resources about effective
transition planning and services and interagency coordination to ensure
that local school staff communicate and collaborate with:
(1) students enrolled in
special education programs under this subchapter and the parents of those
students; and
(2) as appropriate, local
and regional staff of the:
(A) Health and Human
Services Commission;
(B) Texas Workforce Commission [Department
of Aging and Disability Services];
(C) [Department of
Assistive and Rehabilitative Services;
[(D)] Department of
State Health Services; and
(D) [(E)]
Department of Family and Protective Services.
|
SECTION 1.16. Section
29.012(d), Education Code, is amended to read as follows:
(d) The agency [Texas
Education Agency], the Health and Human Services Commission, and the
Department of Family
and Protective Services
[Texas Department of Mental Health and Mental Retardation, the Texas
Department of Human Services, the Texas Department of Health, the
Department of Protective and Regulatory Services, the Interagency Council
on Early Childhood Intervention, the Texas Commission on Alcohol and Drug
Abuse, and the Texas Juvenile Justice Department]
by a cooperative effort shall
develop and by rule adopt a memorandum of understanding. The memorandum
must:
(1) establish the respective
responsibilities of school districts and of residential facilities for the
provision of a free, appropriate public education, as required by the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et
seq.) and its subsequent amendments, including each requirement for
children with disabilities who reside in those facilities;
(2) coordinate regulatory
and planning functions of the parties to the memorandum;
(3) establish criteria for
determining when a public school will provide educational services;
(4) provide for appropriate
educational space when education services will be provided at the
residential facility;
(5) establish measures
designed to ensure the safety of students and teachers; and
(6) provide for binding
arbitration consistent with Chapter 2009, Government Code, and Section
154.027, Civil Practice and Remedies Code.
|
SECTION 1.12. Section
29.012(d), Education Code, is amended to read as follows:
(d) The agency [Texas
Education Agency], the Health and Human Services Commission, the Texas Workforce Commission, and the
Department of Family and Protective Services [Texas Department of
Mental Health and Mental Retardation, the Texas Department of Human
Services, the Texas Department of Health, the Department of Protective and
Regulatory Services, the Interagency Council on Early Childhood
Intervention, the Texas Commission on Alcohol and Drug Abuse, and the Texas
Juvenile Justice Department] by a cooperative effort shall develop and
by rule adopt a memorandum of understanding. The memorandum must:
(1) establish the respective
responsibilities of school districts and of residential facilities for the
provision of a free, appropriate public education, as required by the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et
seq.) and its subsequent amendments, including each requirement for
children with disabilities who reside in those facilities;
(2) coordinate regulatory
and planning functions of the parties to the memorandum;
(3) establish criteria for
determining when a public school will provide educational services;
(4) provide for appropriate
educational space when education services will be provided at the
residential facility;
(5) establish measures
designed to ensure the safety of students and teachers; and
(6) provide for binding
arbitration consistent with Chapter 2009, Government Code, and Section
154.027, Civil Practice and Remedies Code.
|
SECTION 1.17. Section
29.015(b), Education Code, is amended to read as follows:
(b) A foster parent may act
as a parent of a child with a disability, as authorized under 20 U.S.C.
Section 1415(b) and its subsequent amendments, if:
(1) the Department of Family
and Protective [and Regulatory] Services is appointed as the
temporary or permanent managing conservator of the child;
(2) the child has been
placed with the foster parent for at least 60 days;
(3) the foster parent agrees
to:
(A) participate in making
educational decisions on the child's behalf; and
(B) complete a training
program for surrogate parents that complies with minimum standards
established by agency rule; and
(4) the foster parent has no
interest that conflicts with the child's interests.
|
SECTION 1.13. Same as
introduced version.
|
SECTION 1.18. Section
29.081(d), Education Code, is amended to read as follows:
(d) For purposes of this
section, "student at risk of dropping out of school" includes
each student who is under 26 years of age and who:
(1) was not advanced from
one grade level to the next for one or more school years;
(2) if the student is in
grade 7, 8, 9, 10, 11, or 12, did not maintain an average equivalent to 70
on a scale of 100 in two or more subjects in the foundation curriculum
during a semester in the preceding or current school year or is not
maintaining such an average in two or more subjects in the foundation
curriculum in the current semester;
(3) did not perform
satisfactorily on an assessment instrument administered to the student
under Subchapter B, Chapter 39, and who has not in the previous or current
school year subsequently performed on that instrument or another
appropriate instrument at a level equal to at least 110 percent of the
level of satisfactory performance on that instrument;
(4) if the student is in
prekindergarten, kindergarten, or grade 1, 2, or 3, did not perform
satisfactorily on a readiness test or assessment instrument administered
during the current school year;
(5) is pregnant or is a
parent;
(6) has been placed in a
disciplinary [an] alternative education program in accordance
with Section 37.006 during the preceding or current school year;
(7) has been expelled in
accordance with Section 37.007 during the preceding or current school year;
(8) is currently on parole,
probation, deferred prosecution, or other conditional release;
(9) was previously reported
through the Public Education Information Management System (PEIMS) to have
dropped out of school;
(10) is a student of limited
English proficiency, as defined by Section 29.052;
(11) is in the custody or
care of the Department of Family and Protective [and Regulatory]
Services or has, during the current school year, been referred to the
department by a school official, officer of the juvenile court, or law
enforcement official;
(12) is homeless, as defined
by 42 U.S.C. Section 11302, and its subsequent amendments; or
(13) resided in the
preceding school year or resides in the current school year in a
residential placement facility in the district, including a detention
facility, substance abuse treatment facility, emergency shelter,
psychiatric hospital, halfway house, or foster group home.
|
SECTION 1.14. Same as
introduced version.
|
SECTION 1.19. Section
30.0015(b), Education Code, is amended to read as follows:
(b) The agency by rule shall
develop and annually disseminate standards for a school district's transfer
of an assistive technology device to an entity listed in this subsection
when a student with a disability using the device changes the school of
attendance in the district or ceases to attend school in the district that
purchased the device and the student's parents, or the student if the
student has the legal capacity to enter into a contract, agrees to the
transfer. The device may be transferred to:
(1) the school or school
district in which the student enrolls;
(2) a state agency,
including the Health and Human Services [Texas Rehabilitation]
Commission [and the Texas Department of Mental Health and Mental
Retardation], that provides services to the student following the student's
graduation from high school; or
(3) the student's parents,
or the student if the student has the legal capacity to enter into a
contract.
|
SECTION 1.15. Section
30.0015(b), Education Code, is amended to read as follows:
(b) The agency by rule shall
develop and annually disseminate standards for a school district's transfer
of an assistive technology device to an entity listed in this subsection
when a student with a disability using the device changes the school of
attendance in the district or ceases to attend school in the district that
purchased the device and the student's parents, or the student if the
student has the legal capacity to enter into a contract, agrees to the
transfer. The device may be transferred to:
(1) the school or school
district in which the student enrolls;
(2) a state agency,
including the Health and Human Services [Texas Rehabilitation]
Commission and the Texas Workforce
Commission [Department of Mental Health and Mental
Retardation], that provides services to the student following the
student's graduation from high school; or
(3) the student's parents,
or the student if the student has the legal capacity to enter into a
contract.
|
SECTION 1.20. Section
30.002(b), Education Code, is amended to read as follows:
(b) The agency shall:
(1) develop standards and
guidelines for all special education services for children with visual
impairments that it is authorized to provide or support under this code;
(2) supervise regional
education service centers and other entities in assisting school districts
in serving children with visual impairments more effectively;
(3) develop and administer
special education services for students with both serious visual and
auditory impairments;
(4) evaluate special
education services provided for children with visual impairments by school
districts and approve or disapprove state funding of those services; and
(5) maintain an effective
liaison between special education programs provided for children with
visual impairments by school districts and related initiatives of the Health
and Human Services Commission [Department of Assistive and
Rehabilitative Services Division for Blind Services], the Department of
State Health Services Mental Health and Substance Abuse Division[, the
Texas School for the Blind and Visually Impaired], and other related
programs, agencies, or facilities as appropriate.
|
SECTION 1.16. Section
30.002(b), Education Code, is amended to read as follows:
(b) The agency shall:
(1) develop standards and
guidelines for all special education services for children with visual
impairments that it is authorized to provide or support under this code;
(2) supervise regional
education service centers and other entities in assisting school districts
in serving children with visual impairments more effectively;
(3) develop and administer
special education services for students with both serious visual and
auditory impairments;
(4) evaluate special
education services provided for children with visual impairments by school
districts and approve or disapprove state funding of those services; and
(5) maintain an effective
liaison between special education programs provided for children with
visual impairments by school districts and related initiatives of the Health
and Human Services Commission [Department of Assistive and
Rehabilitative Services Division for Blind Services], the Department of
State Health Services Mental Health and Substance Abuse Division, the Texas Workforce Commission [School
for the Blind and Visually Impaired], and other related programs,
agencies, or facilities as appropriate.
|
No
equivalent provision.
|
SECTION 1.17. The heading to
Section 38.007, Education Code, is amended to read as follows:
Sec. 38.007. DRUG-FREE AND
ALCOHOL-FREE SCHOOL ZONES.
|
SECTION 1.21. Section
38.007(b), Education Code, is amended to read as follows:
(b) The board of trustees of
a school district shall attempt to provide a safe alcohol-free environment
to students coming to or going from school. The board of trustees shall
[may] cooperate with local law enforcement officials and the Texas
Alcoholic Beverage Commission in attempting to provide this environment and
in enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage Code.
Additionally, the board, if a
majority of the area of a district is located in a municipality with a
population of 900,000 or more, shall [may] petition the
commissioners court of the county in which the district is located or the
governing board of an incorporated city or town in which the district is
located to adopt a 1,000-foot zone under Section 109.33, Alcoholic Beverage
Code.
|
SECTION 1.18. Section
38.007(b), Education Code, is amended to read as follows:
(b) The board of trustees of
a school district shall attempt to provide a safe drug-free and alcohol-free
environment to students coming to or going from school. The board of
trustees shall [may] cooperate with local law enforcement
officials and the Texas Alcoholic Beverage Commission in attempting to
provide this environment and in enforcing Sections 101.75, 109.33, and
109.59, Alcoholic Beverage Code. Additionally, the board, if a majority of
the area of a district is located in a municipality with a population of
900,000 or more, may petition the
commissioners court of the county in which the district is located or the
governing board of an incorporated city or town in which the district is
located to adopt a 1,000-foot zone under Section 109.33, Alcoholic Beverage
Code.
|
SECTION 1.22. Subchapter A,
Chapter 38, Education Code, is amended by adding Section 38.0101 to read as
follows:
Sec. 38.0101. AUTHORITY
TO EMPLOY NONPHYSICIAN MENTAL HEALTH PROFESSIONAL. (a) A school district
may employ a nonphysician mental health professional.
(b) In this section,
"nonphysician mental health professional" means:
(1) a psychologist
licensed to practice in this state and designated as a health-service
provider;
(2) a registered nurse
with a master's or doctoral degree in psychiatric nursing;
(3) a licensed clinical
social worker;
(4) a professional
counselor licensed to practice in this state;
or
(5) a marriage and family therapist licensed to practice in
this state.
|
SECTION 1.19. Subchapter A,
Chapter 38, Education Code, is amended by adding Section 38.0101 to read as
follows:
Sec. 38.0101. AUTHORITY
TO EMPLOY NONPHYSICIAN MENTAL HEALTH PROFESSIONAL. (a) A school district
may employ a nonphysician mental health professional.
(b) In this section,
"nonphysician mental health professional" means:
(1) a psychologist
licensed to practice in this state and designated as a health-service
provider;
(2) a registered nurse
with a master's or doctoral degree in psychiatric nursing;
(3) a licensed clinical
social worker; or
(4) a professional
counselor licensed to practice in this state.
|
SECTION 1.23. Section
38.013(a), Education Code, is amended to read as follows:
(a) The agency shall make
available to each school district one or more coordinated health programs [designed
to prevent obesity, cardiovascular disease, oral diseases, and Type 2
diabetes] in elementary school, middle school, and junior high school [students].
Each program must provide for coordinating:
(1) physical health
education, including programs designed to prevent obesity,
cardiovascular disease, oral diseases, and Type 2 diabetes and programs
designed to promote the role of proper nutrition [oral health
education];
(2) mental health
education, including education about suicide
prevention;
(3) substance abuse
education, including education about alcohol abuse, prescription drug
abuse, and abuse of other controlled substances;
(4) physical
education and physical activity;
(5) [(3) nutrition
services; and
[(4)] parental
involvement;
(6) activities to promote safe and supportive school climates
and students' social and emotional wellness, including the use of
trauma-informed practices;
(7) employee wellness; and
(8) community engagement and involvement.
|
SECTION 1.20. Section
38.013(a), Education Code, is amended to read as follows:
(a) The agency shall make
available to each school district one or more coordinated health programs [designed
to prevent obesity, cardiovascular disease, oral diseases, and Type 2
diabetes] in elementary school, middle school, and junior high school [students].
Each program must provide for coordinating education
and services related to:
(1) physical health
education, including programs designed to prevent obesity, cardiovascular
disease, oral diseases, and Type 2 diabetes and programs designed to
promote the role of proper nutrition [oral health education];
(2) mental health
education, including education about mental
health conditions and mental health wellness;
(3) substance abuse
education, including education about alcohol abuse, prescription drug
abuse, and abuse of other controlled substances;
(4) physical
education and physical activity; and
(5) [(3) nutrition
services; and
[(4)] parental
involvement.
|
SECTION 1.24. Sections
38.016(a) and (c), Education Code, are amended to read as follows:
(a) In this section:
(1) "Nonphysician
mental health professional" has the meaning assigned by Section
38.0101.
(2)
"Parent" includes a guardian or other person standing in parental
relation.
(3) [(2)]
"Psychotropic drug" means a substance that is:
(A) used in the diagnosis,
treatment, or prevention of a disease or as a component of a medication;
and
(B) intended to have an
altering effect on perception, emotion, or behavior.
(c) Subsection (b) does not:
(1) prevent an appropriate
referral under the child find system required under 20 U.S.C. Section 1412,
as amended; [or]
(2) prohibit a school
district employee who is a registered nurse, advanced nurse practitioner,
physician, or nonphysician mental health professional [certified
or appropriately credentialed mental health professional] from
recommending that a child be evaluated by a physician or nonphysician
mental health professional [an appropriate medical practitioner];
or
(3) prohibit a school
employee from discussing any aspect of a child's behavior or academic
progress with the child's parent or another school district employee.
|
SECTION 1.21. Same as introduced
version.
|
SECTION 1.25. Section
38.051(b), Education Code, is amended to read as follows:
(b) On the recommendation of
an advisory council established under Section 38.058 or on the
initiative of the board of trustees, a school district may establish a
school-based health center at
one or more campuses in the district
to meet the health care needs of students and their families.
|
SECTION 1.22. Section
38.051(b), Education Code, is amended to read as follows:
(b) On the recommendation of
an advisory council established under Section 38.058 or on the
initiative of the board of trustees or
the governing body of an open-enrollment charter school, a
school district or open-enrollment
charter school may establish a school-based health center at one
or more campuses [in the district]
to meet the health care needs of students and their families.
|
SECTION 1.26. Section
38.054, Education Code, is amended to read as follows:
Sec. 38.054. CATEGORIES OF
SERVICES. (a) The permissible categories of services are:
(1) family and home support;
(2) physical health
care, including immunizations;
(3) dental health care;
(4) health education; [and]
(5) preventive health
strategies; and
(6) treatment for mental illness, a behavioral health disorder,
or substance abuse.
(b) In this section, "behavioral health disorder,"
"mental illness," and "substance abuse" have the
meanings assigned by Section 11.183.
|
SECTION 1.23. Section
38.054, Education Code, is amended to read as follows:
Sec. 38.054. CATEGORIES OF
SERVICES. The permissible categories of services are:
(1) family and home support;
(2) physical health
care, including immunizations;
(3) dental health care;
(4) health education; [and]
(5) preventive health strategies;
and
(6) treatment for mental health conditions or substance
abuse.
|
SECTION 1.27. Section
38.057(b), Education Code, is amended to read as follows:
(b) If it is determined that
a student is in need of a referral for physical health services or
mental health services, the staff of the center shall notify the person
whose consent is required under Section 38.053 verbally and in writing of
the basis for the referral. The referral may not be provided unless the
person provides written consent for the type of service to be provided and
provides specific written consent for each treatment occasion or for a
course of treatment that includes multiple treatment occasions of the same
type of service.
|
SECTION 1.24. Same as
introduced version.
|
No
equivalent provision.
|
SECTION 1.25. Section
38.058, Education Code, is amended to read as follows:
Sec. 38.058. HEALTH
EDUCATION AND HEALTH CARE ADVISORY COUNCIL. (a) The board of trustees of
a school district or the governing body of an open-enrollment charter
school may establish and appoint members to a local health education
and health care advisory council to make recommendations to the district or
school on the establishment of school-based health centers and to
assist the district or school in ensuring that local community
values are reflected in the operation of each center and in the provision
of health education.
(b) A majority of the
members of the council must be parents of students enrolled in the school
district or open-enrollment charter school. In addition to the
appointees who are parents of students, the board of trustees or
governing body shall also appoint at least one person from each of the
following groups:
(1) teachers;
(2) school administrators;
(3) licensed health care
professionals;
(4) the clergy;
(5) law enforcement;
(6) the business community;
(7) senior citizens; and
(8) students.
|
SECTION 1.28. Subchapter B,
Chapter 38, Education Code, is amended by adding Section 38.0591 to read as
follows:
Sec. 38.0591. ACCESS TO MENTAL
HEALTH SERVICES. The agency, in cooperation with the Health and Human
Services Commission, shall develop guidelines for school districts
regarding:
(1) partnering with a
local mental health authority and with community mental health services
providers to increase student access to school-based integrated mental health services; and
(2) obtaining
school-based integrated mental
health services through the medical assistance program under Chapter 32,
Human Resources Code.
|
SECTION 1.26. Subchapter B,
Chapter 38, Education Code, is amended by adding Section 38.0591 to read as
follows:
Sec. 38.0591. ACCESS TO
MENTAL HEALTH SERVICES. The agency, in cooperation with the Health and
Human Services Commission, shall develop guidelines for school districts regarding:
(1) partnering with a
local mental health authority and with community mental health services
providers and substance abuse services
providers to increase student access to school-based mental health
services; and
(2) obtaining
school-based mental health services through the medical assistance program
under Chapter 32, Human Resources Code.
|
SECTION 1.29. Section
38.060(c), Education Code, is amended to read as follows:
(c) The school district
[council] shall keep a record of efforts made to coordinate with
existing providers.
|
SECTION 1.27. Section
38.060(c), Education Code, is amended to read as follows:
(c) The school district or open-enrollment charter school [council]
shall keep a record of efforts made to coordinate with existing providers.
|
SECTION 1.30. Subchapter
O-1, Chapter 161, Health and Safety Code, is transferred to Chapter 38,
Education Code, redesignated as Subchapter G, Chapter 38, Education Code,
and amended to read as follows:
SUBCHAPTER G [O-1].
MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH SUICIDE
Sec. 38.301 [161.325].
MENTAL HEALTH PROMOTION AND INTERVENTION, SUBSTANCE ABUSE PREVENTION AND
INTERVENTION, AND SUICIDE PREVENTION.
(a) The agency [department],
in coordination with the Health and Human Services Commission [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 (c) [(a-1)] for
implementation in public elementary, junior high, middle, and high schools
within the general education setting. The agency, the Health and Human
Services Commission, and each regional education service center shall each
publish the list on their Internet websites in an easily accessible,
searchable, and user-friendly format.
(b) Each school
district may select from the list provided under Subsection (a) a
program or programs appropriate for implementation in the district.
(c) [(a-1)]
The list provided under Subsection (a) 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;
(6) grief-informed and
trauma-informed practices;
(7) social and emotional wellness and learning;
(8) positive behavior
supports and positive youth development; and
(9) safe and supportive school climate.
(d) [(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 suicide
prevention programs on the list provided under Subsection (a)
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.
(e) [(c)] In
developing the list of programs, the agency [department] and
the Health and Human Services Commission [Texas Education Agency]
shall consider:
(1) any existing suicide
prevention method developed by a school district; and
(2) any Internet or online
course or program developed in this state or another state that is based on
best practices recognized by the Substance Abuse and Mental Health Services
Administration or the Suicide Prevention Resource Center.
(f) [(c-1)]
Except as otherwise provided by this subsection, each school district shall
provide training described in the components set forth under Subsection (d)
[(b)] for teachers, counselors, principals, and all other
appropriate personnel. A school district is required to provide the
training at an elementary school campus only to the extent that sufficient
funding and programs are available. A school district may implement a
program on the list to satisfy the requirements of this subsection.
(g) [(c-2)] If
a school district provides the training under Subsection (f) [(c-1)]:
(1) a school district
employee described under that subsection must participate in the training
at least one time; and
(2) the school district
shall maintain records that include the name of each district employee who
participated in the training.
(h) [(d)] The board of trustees of each school
district shall [may] adopt a policy
concerning each area
listed in Subsection (c), including 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 (d)(2) [(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 (d)(2) [(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.
(i) [(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.
(j) [(f)] The policy and any necessary procedures adopted
under Subsection (h) [(d)] must be included in:
(1) the annual student
handbook; and
(2) the district improvement
plan under Section 11.252[, Education Code].
(k) [(g)] The agency,
the Health and Human Services Commission, and each regional education
service center:
(1) [department]
may accept donations for purposes of this section from sources without a conflict
of interest; and
(2) [. The
department] may not accept donations for purposes of this section from
an anonymous source.
(l) [(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.
Sec. 38.302 [161.326].
IMMUNITY. This subchapter does not:
(1) waive any immunity from
liability of a school district or of district school officers or employees;
(2) create any liability for
a cause of action against a school district or against district school
officers or employees; or
(3) waive any immunity from
liability under Section 74.151, Civil Practice and Remedies Code.
|
SECTION 1.28. Subchapter
O-1, Chapter 161, Health and Safety Code, is transferred to Chapter 38,
Education Code, redesignated as Subchapter G, Chapter 38, Education Code,
and amended to read as follows:
SUBCHAPTER G [O-1].
MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH SUICIDE
Sec. 38.301 [161.325].
MENTAL HEALTH PROMOTION AND INTERVENTION, SUBSTANCE ABUSE PREVENTION AND
INTERVENTION, AND SUICIDE PREVENTION.
(a) The agency [department],
in coordination with the Health and Human Services Commission [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 (c) [(a-1)] for implementation
in public elementary, junior high, middle, and high schools within the
general education setting. The agency, the Health and Human Services
Commission, and each regional education service center shall each publish
the list on their Internet websites in an easily accessible, searchable,
and user-friendly format.
(b) Each school
district may select from the list provided under Subsection (a) a
program or programs appropriate for implementation in the district.
(c) [(a-1)]
The list provided under Subsection (a) 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;
(6) grief-informed and
trauma-informed practices;
(7) building skills related to managing emotions, establishing
and maintaining positive relationships, and responsible decision-making;
(8) positive behavior interventions and supports, and
positive youth development; and
(9) safe and supportive
school climate.
(d) [(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 suicide
prevention programs on the list provided under Subsection (a)
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.
(e) [(c)] In
developing the list of programs, the agency [department] and
the Health and Human Services Commission [Texas Education Agency]
shall consider:
(1) any existing suicide
prevention method developed by a school district; and
(2) any Internet or online
course or program developed in this state or another state that is based on
best practices recognized by the Substance Abuse and Mental Health Services
Administration or the Suicide Prevention Resource Center.
(f) [(c-1)]
Except as otherwise provided by this subsection, each school district shall
provide training described in the components set forth under Subsection (d)
[(b)] for teachers, counselors, principals, and all other
appropriate personnel. A school district is required to provide the
training at an elementary school campus only to the extent that sufficient
funding and programs are available. A school district may implement a
program on the list to satisfy the requirements of this subsection.
(g) [(c-2)] If
a school district provides the training under Subsection (f) [(c-1)]:
(1) a school district
employee described under that subsection must participate in the training
at least one time; and
(2) the school district
shall maintain records that include the name of each district employee who
participated in the training.
(h) A
[(d) The board of trustees of each] school district shall
develop practices and procedures
[may adopt a policy]
concerning each area
listed in Subsection (c), including mental health promotion and
intervention, substance abuse prevention and intervention, and suicide
prevention that:
(1) includes [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 (d)(2) [(b)(2)];
(2) includes [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 (d)(2)
[(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.
(i) [(e)] The practices and procedures developed under
Subsection (h) [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.
(j) [(f)] The practices [policy] and [any
necessary] procedures developed [adopted] under Subsection (h)
[(d)] must be included in:
(1) the annual student handbook;
and
(2) the district improvement
plan under Section 11.252[, Education Code].
(k) [(g)] The agency,
the Health and Human Services Commission, and each regional education
service center:
(1) [department]
may accept donations for purposes of this section from sources
without a conflict of
interest; and
(2) [. The
department] may not accept donations for purposes of this section from
an anonymous source.
(l) [(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. Practices [Policy] and procedures developed [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.
Sec. 38.302 [161.326].
IMMUNITY. This subchapter does not:
(1) waive any immunity from
liability of a school district or of district school officers or employees;
(2) create any liability for
a cause of action against a school district or against district school
officers or employees; or
(3) waive any immunity from
liability under Section 74.151, Civil Practice and Remedies Code.
|
ARTICLE 2. CONFORMING
AMENDMENTS
|
Same as introduced version.
|
SECTION 2.01. Section
74.151(e), Civil Practice and Remedies Code, is amended to read as follows:
(e) Except as provided by
this subsection, this section does not apply to a person whose negligent
act or omission was a producing cause of the emergency for which care is
being administered. This subsection does not apply to liability of a
school district or district school officer or employee arising from an act
or omission under a program or policy
or procedure adopted under
Subchapter G, Chapter 38, Education [O-1, Chapter 161, Health and
Safety] Code, other than liability arising from wilful or intentional
misconduct.
|
SECTION 2.01. Section
74.151(e), Civil Practice and Remedies Code, is amended to read as follows:
(e) Except as provided by
this subsection, this section does not apply to a person whose negligent
act or omission was a producing cause of the emergency for which care is
being administered. This subsection does not apply to liability of a
school district or district school officer or employee arising from an act
or omission under a program or practice [policy] or procedure developed [adopted] under Subchapter G, Chapter 38,
Education [O-1, Chapter 161, Health and Safety] Code, other than
liability arising from wilful or intentional misconduct.
|
SECTION 2.02. Section
25.114(a), Education Code, is amended to read as follows:
(a) In implementing the
curriculum for physical education under Section 28.002(a)(2)(D) [28.002(a)(2)(C)],
each school district shall establish specific objectives and goals the
district intends to accomplish through the curriculum, including, to the
extent practicable, student/teacher ratios that are small enough to enable
the district to:
(1) carry out the purposes
of and requirements for the physical education curriculum as provided under
Section 28.002(d); and
(2) ensure the safety of
students participating in physical education.
|
No
equivalent provision.
|
SECTION 2.03. Section
28.003(b), Education Code, is amended to read as follows:
(b) In this section,
"educational program" means a course or series of courses in the
required curriculum under Section 28.002, other than a fine arts course
under Section 28.002(a)(2)(E) [28.002(a)(2)(D)] or a career
and technology course under Section 28.002(a)(2)(F) [28.002(a)(2)(E)].
|
No
equivalent provision.
|
SECTION 2.04. Section
28.025(b-1), Education Code, is amended to read as follows:
(b-1) The State Board of
Education by rule shall require that the curriculum requirements for the
foundation high school program under Subsection (a) include a requirement
that students successfully complete:
(1) four credits in English
language arts under Section 28.002(a)(1)(A), including one credit in
English I, one credit in English II, one credit in English III, and one
credit in an advanced English course authorized under Subsection (b-2);
(2) three credits in
mathematics under Section 28.002(a)(1)(B), including one credit in Algebra
I, one credit in geometry, and one credit in any advanced mathematics course
authorized under Subsection (b-2);
(3) three credits in science
under Section 28.002(a)(1)(C), including one credit in biology, one credit
in any advanced science course authorized under Subsection (b-2), and one
credit in integrated physics and chemistry or in an additional advanced
science course authorized under Subsection (b-2);
(4) three credits in social
studies under Section 28.002(a)(1)(D), including one credit in United
States history, at least one-half credit in government and at least one-half
credit in economics, and one credit in world geography or world history;
(5) except as provided under
Subsections (b-12), (b-13), and (b-14), two credits in the same language in
a language other than English under Section 28.002(a)(2)(A);
(6) five elective credits;
(7) one credit in fine arts
under Section 28.002(a)(2)(E) [28.002(a)(2)(D)]; and
(8) except as provided by
Subsection (b-11), one credit in physical education under Section 28.002(a)(2)(D)
[28.002(a)(2)(C)].
|
No
equivalent provision.
|
SECTION 2.05. Section
38.0141, Education Code, is amended to read as follows:
Sec. 38.0141. REPORTING OF
CERTAIN HEALTH AND SAFETY INFORMATION REQUIRED. Each school district shall
provide to the agency information as required by the commissioner, including
statistics and data, relating to student health and physical activity and
information described by Sections 28.004(k)(2), (3), and (4) [Section
28.004(k),] presented in a form determined by the commissioner. The
district shall provide the information required by this section for the
district and for each campus in the district.
|
SECTION 2.02. Same as
introduced version.
|
SECTION 2.06. Section
38.101(a), Education Code, is amended to read as follows:
(a) Except as provided by
Subsection (b), a school district annually shall assess the physical
fitness of students enrolled in grade three or higher in a course that
satisfies the curriculum requirements for physical education under Section 28.002(a)(2)(D)
[28.002(a)(2)(C)].
|
No
equivalent provision.
|
SECTION 2.07. Section
130.008(c), Education Code, is amended to read as follows:
(c) The contact hours
attributable to the enrollment of a high school student in a course offered
for joint high school and junior college credit under this section, excluding
a course for which the student attending high school may receive course
credit toward the physical education curriculum requirement under Section 28.002(a)(2)(D)
[28.002(a)(2)(C)], shall be included in the contact hours used to
determine the junior college's proportionate share of the state money
appropriated and distributed to public junior colleges under Sections
130.003 and 130.0031, even if the junior college waives all or part of the
tuition or fees for the student under Subsection (b).
|
No
equivalent provision.
|
ARTICLE 3. REPEALER;
EFFECTIVE DATE
|
ARTICLE 3. REPEALER;
TRANSITION; EFFECTIVE DATE
|
SECTION 3.01. Section
28.002(w), Education Code, is repealed.
No
equivalent provision. (But see SECTION 1.08 above.)
|
SECTION 3.01. The following provisions
of the Education Code are repealed:
(1) Section 21.463; and
(2) Section 28.002(w).
|
No
equivalent provision.
|
SECTION 3.02. (a) Not later
than December 1, 2017, the Texas Education Agency, in cooperation with the
Health and Human Services Commission, shall establish the Internet website
to provide resources for school employees, as required by Section 21.462,
Education Code, as added by this Act.
(b) Not later than March 1,
2018:
(1) the State Board for
Educator Certification shall propose rules under Section 21.054, Education
Code, to comply with the changes in law made to that section by this Act;
and
(2) the Texas Education
Agency, in cooperation with the Health and Human Services Commission, shall
develop the guidelines required by Section 38.0591, Education Code, as
added by this Act.
(c) Not later than August 1,
2018, the Texas Education Agency, in coordination with the Health and Human
Services Commission and regional education service centers, shall provide a
list of recommended best practice-based programs as required by Section
38.301, Education Code, as transferred, redesignated, and amended by this
Act.
|
No
equivalent provision.
|
SECTION 3.03. Any change in
law made by this Act that imposes a new duty or requirement on a school
district or an open-enrollment charter school applies beginning with the
2018-2019 school year.
|
SECTION 3.02. This Act takes
effect September 1, 2017.
|
SECTION 3.04. Same as
introduced version.
|
|