| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the availability of certain behavioral health |
|
|
professionals at 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 33.911 to read as follows: |
|
|
Sec. 33.911. 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 that receives additional state aid |
|
|
under Section 42.25185 shall: |
|
|
(1) assign a behavioral health professional to each |
|
|
campus in the district; or |
|
|
(2) ensure the services of a behavioral health |
|
|
professional are provided to students at each campus in the |
|
|
district through a contract with one or more behavioral health |
|
|
professionals or a private or nonprofit organization that employs |
|
|
or provides the services of behavioral health professionals. |
|
|
(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 A, Chapter 37, Education Code, is |
|
|
amended by adding Section 37.0016 to read as follows: |
|
|
Sec. 37.0016. REFERRAL TO BEHAVIORAL HEALTH SERVICES. (a) |
|
|
If an educator notifies the campus behavior coordinator designated |
|
|
under Section 37.0012 about a concern regarding the behavioral |
|
|
health of a student enrolled at the campus, the campus behavior |
|
|
coordinator shall consult with the student's parent or guardian and |
|
|
if appropriate make a referral of opportunities for the student to |
|
|
access behavioral health services. |
|
|
(b) A referral made under Subsection (a) must include |
|
|
behavioral health services from a behavioral health professional, |
|
|
as defined by Section 33.911, who provides services at the campus in |
|
|
a manner provided by that section. |
|
|
(c) If the services of a behavioral health professional are |
|
|
not provided at the campus in the manner described by Section |
|
|
33.911, a referral made under Subsection (a) may include a referral |
|
|
for behavioral health services from a local mental health authority |
|
|
or a private or community-based provider of behavioral health |
|
|
services. |
|
|
(d) If Subsection (c) applies and during the consultation |
|
|
under Subsection (a), the student's parent or guardian informs the |
|
|
campus behavior coordinator that the parent or guardian is not able |
|
|
to pay for behavioral health services and that the student is not |
|
|
covered under a health insurance policy or other health benefit |
|
|
plan, the campus behavior coordinator, with the consent of the |
|
|
parent or guardian, shall coordinate with available |
|
|
community-based organizations, faith-based organizations, or other |
|
|
appropriate providers to secure behavioral health services for the |
|
|
student. |
|
|
(e) The campus behavior coordinator shall annually report |
|
|
to the campus principal the number of students for which a referral |
|
|
for behavioral health services is made under this section. The |
|
|
report must include, for each student for whom a referral is made, |
|
|
the student's: |
|
|
(1) disability status; |
|
|
(2) race; and |
|
|
(3) sex. |
|
|
SECTION 3. Subchapter E, Chapter 42, Education Code, is |
|
|
amended by adding Section 42.25185 to read as follows: |
|
|
Sec. 42.25185. ADDITIONAL STATE AID FOR BEHAVIORAL HEALTH |
|
|
PROFESSIONALS. (a) For each school year, the commissioner may |
|
|
provide additional state aid to each school district in an amount, |
|
|
as determined by the commissioner, sufficient to assist the |
|
|
district in employing or contracting for the services of behavioral |
|
|
health professionals under Section 33.911, if funds are available |
|
|
for that purpose. |
|
|
(b) The commissioner shall adopt rules as necessary to |
|
|
administer this section. |
|
|
SECTION 4. This Act applies beginning with the 2020-2021 |
|
|
school year. |
|
|
SECTION 5. This Act takes effect September 1, 2019. |