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A BILL TO BE ENTITLED
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AN ACT
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relating to confidential mental health screenings for students in |
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public primary and secondary schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 12, Health and Safety |
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Code, is amended by adding Section 12.022 to read as follows: |
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Sec. 12.022. CONFIDENTIAL MENTAL HEALTH SCREENINGS IN |
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PUBLIC SCHOOLS. (a) In this section, "agency" means the Texas |
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Education Agency. |
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(b) The department shall collaborate with the agency to |
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develop a plan for providing confidential mental health screenings |
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to students enrolled in public primary and secondary schools for |
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the purpose of identifying students who face mental health |
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challenges or show warning signs of mental illness. |
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(c) In developing the plan under Subsection (b), the |
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department and the agency: |
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(1) may consult with and seek assistance from the |
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Texas Medical Association, state psychiatric organizations, and, |
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as appropriate, other medical health and mental health |
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professionals and organizations; and |
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(2) shall determine whether: |
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(A) school districts employ persons who are |
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trained or otherwise qualified to conduct confidential mental |
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health screenings; |
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(B) each regional education service center has |
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the capacity for providing assistance in conducting confidential |
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mental health screenings at school districts; and |
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(C) any additional resources are available for |
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implementing confidential mental health screenings at school |
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districts. |
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(d) After developing the plan under Subsection (b), the |
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department and the agency shall provide confidential mental health |
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screenings to as many students enrolled in public primary and |
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secondary schools as practicable, using resources identified by the |
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department and the agency as available for that purpose. |
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(e) The consent of a parent or guardian of a student must be |
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obtained before a student receives a confidential mental health |
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screening under this section. |
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(f) The department and the agency may solicit grants or |
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charitable donations to provide confidential mental health |
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screenings for students from low-income households. |
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(g) Based on the implementation of the plan under Subsection |
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(d), the department and the agency shall develop a framework for |
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providing assistance and education to students whose confidential |
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mental health screenings indicate mental health challenges or |
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warning signs of mental illness. |
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(h) For a student whose confidential mental health |
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screening indicates mental health challenges that are not severe, |
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the entity conducting the confidential mental health screenings may |
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provide to the student an individual plan for overcoming mental |
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health challenges. |
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(i) For a student whose confidential mental health |
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screening indicates severe mental health challenges or warning |
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signs of mental illness, the entity conducting the confidential |
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mental health screenings shall provide notice to the parent or |
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guardian of the student containing information about: |
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(1) requesting a full individual and initial |
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evaluation of a student for purposes of special education services |
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under Section 29.004, Education Code; and |
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(2) other available treatment resources for the |
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student, including evaluation by an appropriate medical |
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practitioner. |
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(j) Not later than November 1, 2018, the department and the |
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agency jointly shall produce and submit a report to the lieutenant |
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governor, the speaker of the house of representatives, and each |
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legislative standing committee with jurisdiction over public and |
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primary education or mental health services. The report must |
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contain: |
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(1) a description of the plan developed under |
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Subsection (b); |
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(2) the results of the determinations made under |
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Subsection (c)(2); |
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(3) an analysis of the results of the confidential |
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mental health screenings conducted under this section; and |
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(4) recommendations for: |
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(A) assisting students with overcoming mental |
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health challenges; and |
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(B) legislative or other state action necessary |
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to: |
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(i) provide mental health education to |
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students; and |
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(ii) build state capacity for providing |
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mental health services to students. |
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(k) This section expires September 1, 2019. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |