By: Thompson of Harris, et al. H.B. No. 2954

(Senate Sponsor - Powell)

(In the Senate - Received from the House May 10, 2021; May 11, 2021, read first time and referred to Committee on Education; May 25, 2021, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 3; May 25, 2021, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 2954 By: Powell

A BILL TO BE ENTITLED

AN ACT

relating to a suicide prevention, intervention, and postvention grant program for certain public elementary schools.

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

SECTION 1. Subchapter G, Chapter 38, Education Code, is amended by adding Section 38.3515 to read as follows:

Sec. 38.3515. ELEMENTARY SCHOOL SUICIDE PREVENTION, INTERVENTION, AND POSTVENTION GRANT PROGRAM. (a) In this section:

(1) "Commission" means the Health and Human Services Commission.

(2) "Licensed mental health professional" includes:

(A) a psychologist licensed to practice in this state and designated as a health-service provider;

(B) a registered nurse with a master's or doctoral degree in psychiatric nursing;

(C) an advanced practice registered nurse, as defined by Section 301.152, Occupations Code, who holds a nationally recognized board certification in psychiatric or mental health nursing;

(D) a licensed clinical social worker, as defined by Section 505.002, Occupations Code;

(E) a licensed professional counselor, as defined by Section 503.002, Occupations Code;

(F) a licensed marriage and family therapist, as defined by Section 502.002, Occupations Code;

(G) a licensed specialist in school psychology, as defined by Section 501.002, Occupations Code; and

(H) a school counselor certified under Subchapter B, Chapter 21.

(3) "Parent" means any person who is the natural or adoptive parent, managing or possessory conservator, legal guardian, custodian, or other person with legal authority to act on behalf of a child.

(4) "Postvention" includes activities that promote healing necessary to reduce the risk of suicide by a person affected by the suicide of another.

(b) The agency, in coordination with the commission, shall assist school districts and open-enrollment charter schools with identifying evidence-based and developmentally appropriate strategies and best practices in elementary schools that:

(1) increase protective factors and reduce risk factors associated with social, emotional, and behavioral health concerns and current and future suicidal ideations and behaviors;

(2) identify risk factors for emergent or future suicide risk, as determined using factors identified by the commission;

(3) address each area listed in Section 38.351(c); and

(4) include practices and procedures described by Section 38.351(i) for suicide prevention, intervention, and postvention.

(c) To the extent funds are appropriated to the agency for that purpose, the agency shall establish a grant program under which funds are awarded to school districts and open-enrollment charter schools to develop and implement age-appropriate, evidence-based strategies described by Subsection (i).

(d) A school district or open-enrollment charter school is eligible to participate in the grant program established under this section if the district or school or a campus of the district or school has experienced suicide loss or a non-fatal suicide attempt among elementary school students enrolled in the district or school in the 2016-2017 school year or a subsequent school year.

(e) Before an eligible school district or open-enrollment charter school may seek funds under the grant program, the superintendent or chief executive officer of the district or school shall provide, if applicable, notice to the parent of each student enrolled in the district or school that an elementary school student enrolled in the district or school has died. The notice:

(1) may not include the student's name or information about the student's cause of death without express consent from the student's parent; and

(2) must include information regarding school and community resources to support students or community members who may experience grief or trauma.

(f) Before an eligible school district or open-enrollment charter school may seek funds under the grant program, the board of trustees of the school district or governing body of the open-enrollment charter school shall:

(1) hold a closed meeting to review eligibility requirements under Subsection (d) and determine whether a campus is eligible for the grant program;

(2) ensure any report, information, or record the board or governing body receives under Subdivision (1) is:

(A) confidential; and

(B) not subject to disclosure under Chapter 552, Government Code;

(3) post a notice of intent to seek funds through the grant program on the district's or school's Internet website prior to the public hearing under Subdivision (4) and provide a reasonable time period for public comment; and

(4) conduct a public hearing to:

(A) notify the public of intent to seek funds through the grant program;

(B) solicit public comment on the proposal; and

(C) approve by a record vote the decision of the district or school to seek funds under the grant program.

(g) In awarding grants under this section, the agency may prioritize for funding purposes school districts or open-enrollment charter schools that:

(1) serve students residing in rural areas; or

(2) serve students in high needs districts.

(h) A school district or open-enrollment charter school that is awarded funds through the grant program shall prioritize campuses within the district or school based on the direct impact of student suicides on the campuses.

(i) For each elementary school campus at which the school district or open-enrollment charter school implements the grant program, the district or school shall use funds awarded under the program to support age-appropriate, evidence-based strategies in elementary schools identified in Subsection (b) that:

(1) reduce current and future risk in students for engaging in:

(A) suicidal ideations and behaviors; and

(B) behavior that poses a risk of harm to self or others, including bullying and substance misuse;

(2) support early mental health intervention for students with early warning signs of risk for suicide;

(3) foster resilience in students; and

(4) support the development of coping skills and protective behavior in students to help them react positively to changes and obstacles in life, including skills related to responsible decision-making, managing emotions, and establishing and maintaining positive relationships.

(j) A school district or open-enrollment charter school awarded a grant under this section may:

(1) contract with a regional education service center for services;

(2) enter into a memorandum of understanding with a local mental health authority for services;

(3) contract with public and private community-based mental health providers or nonprofit organizations for services in support of evidence-based strategies described by Subsection (i); and

(4) consult with the local school health advisory council established under Section 28.004 in developing a plan to provide age-appropriate, evidence-based strategies described by Subsection (i).

(k) A school district or open-enrollment charter school awarded a grant under this section shall:

(1) ensure that funds are used to support age-appropriate, evidence-based strategies;

(2) ensure that informational materials distributed by the district or school are age-appropriate and evidence-based and distributed with prior written parental consent;

(3) ensure that strategies implemented under Subsection (i) include working with licensed mental health professionals and other school personnel who regularly interact with students to prevent suicide among students enrolled at the campus; and

(4) provide to a parent of each student enrolled at a campus receiving funds from the grant program written or electronic notice that includes:

(A) notification of the award of funds from the grant program to the campus and information regarding strategies to be implemented at the campus as described by Subsection (i);

(B) information to increase parental and caregiver awareness regarding research-based protective factors and risk factors associated with social, emotional, and behavioral health concerns and current and future suicidal ideations and behaviors among elementary school-aged children; and

(C) a list of available school and community resources to support students or community members who may be at risk of suicide.

(l) The agency:

(1) may use any available funds for the program, including state, federal, or philanthropic funds;

(2) may accept donations for purposes of this section from sources without a conflict of interest; and

(3) may not accept donations for purposes of this section from an anonymous source.

(m) Nothing in this section is intended to interfere with the rights of parents and the decision-making regarding the best interest of the child. Practices and procedures developed in accordance with this section are intended to notify a parent of a need for suicide prevention, intervention, or postvention so that a parent may take appropriate action.

(n) Nothing in this section may be construed to supersede or otherwise interfere with the obligation of a school district employee to obtain written parental consent required under Sections 26.009 and 38.010. Before providing an individual screening, assessment, or intervention to any student in accordance with a strategy implemented under the grant program established under this section, a mental health professional is required to obtain informed parental consent.

(o) Nothing in this section authorizes a school district or open-enrollment charter school employee to recommend prescription medication for a student or to interfere with medical decisions to be made by the student's parent or guardian.

(p) The commissioner shall adopt rules to administer this section.

(q) This section expires September 1, 2025.

SECTION 2. Not later than June 1, 2022, the Texas Education Agency, in coordination with the Health and Human Services Commission, shall develop the guidance for public schools required under Section 38.3515(b), Education Code, as added by this Act.

SECTION 3. This Act applies beginning with the 2021-2022 school year.

SECTION 4. The Texas Education Agency is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the Texas Education Agency may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

* * * * *