By: Bernal H.B. No. 353

A BILL TO BE ENTITLED

AN ACT

relating to the assignment of certain behavioral health professionals to certain public schools.

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

SECTION 1. Subchapter Z, Chapter 33, Education Code, is amended by adding Section 33.910 to read as follows:

Sec. 33.910. BEHAVIORAL HEALTH PROFESSIONAL. (a) In this section, "behavioral health professional" means:

(1) a licensed specialist in school psychology licensed under Chapter 501, Occupations Code;

(2) a licensed professional counselor licensed under Chapter 503, Occupations Code;

(3) a licensed clinical social worker licensed under Chapter 505, Occupations Code; or

(4) a school counselor with an appropriate certificate or permit issued under Subchapter B, Chapter 21.

(b) A school district shall assign at least one behavioral health professional to each campus in the district in which 50 percent or more of the students in average daily attendance at the campus are educationally disadvantaged, homeless as defined by 42 U.S.C. Section 11302, or in the conservatorship of the Department of Family and Protective Services.

(c) A school district may not require a behavioral health professional assigned under this section to administer assessment instruments or provide other assistance in connection with assessment instruments.

SECTION 2. Subchapter E, Chapter 42, Education Code, is amended by adding Section 42.2519 to read as follows:

Sec. 42.2519. ADDITIONAL STATE AID FOR BEHAVIORAL HEALTH PROFESSIONALS. (a) For each school year, from funds that may be used for the purpose, a school district is entitled to state aid in an amount, as determined by the commissioner, sufficient to assist the district in employing the number of behavioral health professionals required by Section 33.910.

(b) The commissioner shall adopt rules as necessary to administer this section.

SECTION 3. This Act applies beginning with the 2018-2019 school year.

SECTION 4. This Act takes effect September 1, 2017.