89R8914 JDK-F
 
  By: Thompson H.B. No. 3536
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Collaborative Task Force on Public School Mental
  Health Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 38.302, Education Code, is amended to
  read as follows:
         Sec. 38.302.  ESTABLISHMENT.  The Collaborative Task Force
  on Public School Mental Health Services is established to study and
  evaluate:
               (1)  mental health services that are funded by this
  state and provided at a school district or open-enrollment charter
  school for purposes of Sections 37.115 and 38.351 directly to:
                     (A)  a student enrolled in the district or school;
                     (B)  a parent or family member of or person
  standing in parental relation to a student enrolled in the district
  or school; or
                     (C)  an employee of the district or school;
               (2)  training provided to an educator employed by the
  district or school to provide the mental health services described
  by Subdivision (1); and
               (3)  the impact the mental health services described by
  Subdivision (1) have on:
                     (A)  the number of violent incidents that occur at
  school districts or open-enrollment charter schools;
                     (B)  the suicide rate of the individuals who are
  provided the mental health services described by Subdivision (1);
                     (C)  the number of public school students referred
  to the Department of Family and Protective Services for
  investigation services and the reasons for those referrals;
                     (D)  the number of individuals who are transported
  from each school district or open-enrollment charter school for an
  emergency detention under Chapter 573, Health and Safety Code;
  [and]
                     (E)  the number of public school students referred
  to outside providers for mental health care, including outside
  counselors referred to in accordance with Section 38.010; and
                     (F)  fostering a positive school climate as
  defined by Section 38.351(d).
         SECTION 2.  Subchapter F-1, Chapter 38, Education Code, is
  amended by adding Section 38.3031 to read as follows:
         Sec. 38.3031.  TERMS; VACANCY.  (a)  Members of the task
  force serve staggered three-year terms. A member may serve more
  than one term.
         (b)  A vacancy on the task force shall be filled in the same
  manner as the original placement or appointment, as applicable.
         SECTION 3.  Section 38.308(a), Education Code, is amended to
  read as follows:
         (a)  The task force shall:
               (1)  gather data on:
                     (A)  the number of students enrolled in each
  school district and open-enrollment charter school;
                     (B)  the number of individuals to whom each school
  district or open-enrollment charter school provides the mental
  health services described by Section 38.302(1);
                     (C)  the number of individuals for whom each
  school district or open-enrollment charter school has the resources
  to provide the mental health services described by Section
  38.302(1);
                     (D)  the number of individuals described by
  Paragraph (B) who are referred to an inpatient or outpatient mental
  health provider;
                     (E)  the number of individuals who are transported
  from each school district or open-enrollment charter school for an
  emergency detention under Chapter 573, Health and Safety Code;
                     (F)  the race, ethnicity, gender, special
  education status, educationally disadvantaged status, and
  geographic location of:
                           (i)  individuals who are provided the mental
  health services described by Section 38.302(1);
                           (ii)  individuals who are described by
  Paragraph (D);
                           (iii)  individuals who are described by
  Paragraph (E);
                           (iv)  individuals who are described by
  Paragraph (H); [and]
                           (v)  individuals who are described by
  Paragraph (I);
                           (vi)  individuals who are described by
  Paragraph (L)(ii);
                           (vii)  individuals who are described by
  Paragraph (M)(iii); and
                           (viii)  individuals who are described by
  Paragraph (N)(iii);
                     (G)  mental health services and trainings
  provided by:
                           (i)  school districts, at both the campus
  and district level; and
                           (ii)  open-enrollment charter schools;
                     (H)  the number of individuals who were placed in
  a disciplinary alternative education program or out-of-school
  suspension or expelled;
                     (I)  the number of threat assessments conducted
  under Section 37.115; [and]
                     (J)  the number of reports made from each school
  district or open-enrollment charter school by an employee of the
  district or school or by a school resource officer, to the
  Department of Family and Protective Services regarding an alleged
  incident of abuse or neglect;
                     (K)  the mental health supports and services
  offered directly to students by a school district or
  open-enrollment charter school through the systemic and
  coordinated multitiered support system for mental health under
  Section 37.115 and in accordance with Section 38.351;
                     (L)  the number of referrals to mental health
  supports and services offered directly to students by a school
  district or open-enrollment charter school through the systemic and
  coordinated multitiered support system for mental health under
  Section 37.115 and in accordance with Section 38.351, including:
                           (i)  the number of referrals resulting from
  a threat assessment; and
                           (ii)  the number of students who received
  the support or service to which the student was referred;
                     (M)  the number of referrals to a partner or
  community-based provider, including:
                           (i)  the number of referrals made to each
  provider;
                           (ii)  the number of referrals resulting from
  a threat assessment; and
                           (iii)  the number of students who received
  the support or service to which the student was referred; and
                     (N)  the number of referrals to a psychiatric
  hospital, acute care hospital, or emergency room to address acute
  mental health risks, including:
                           (i)  the number of referrals made to each
  provider;
                           (ii)  the number of referrals resulting from
  a threat assessment; and
                           (iii)  the number of students who received
  the support or service to which the student was referred; and
               (2)  study, evaluate, and make recommendations
  regarding the mental health services described by Section
  38.302(1), the training described by Section 38.302(2), and the
  impact of those mental health services, as described by Section
  38.302(3), including addressing:
                     (A)  the outcomes and the effectiveness of the
  services and training provided, including the outcomes and
  effectiveness of the service and training providers and the
  programs under which services and training are provided, in:
                           (i)  improving student academic achievement
  and attendance;
                           (ii)  reducing student disciplinary
  proceedings, suspensions, placements in a disciplinary alternative
  education program, and expulsions; and
                           (iii)  delivering prevention and
  intervention services to promote early mental health skills,
  including:
                                 (a)  building skills relating to
  managing emotions, establishing and maintaining positive
  relationships, and making responsible decisions;
                                 (b)  preventing substance abuse;
                                 (c)  preventing suicides;
                                 (d)  adhering to the purpose of the
  relevant program services or training;
                                 (e)  promoting trauma-informed
  practices;
                                 (f)  promoting a positive school
  climate, as defined by Section 38.351(d), in the district or
  school; and
                                 (g)  improving physical and emotional
  safety and well-being in the district or school and reducing
  violence in the district or school;
                     (B)  best practices for districts and schools in
  implementing the services or training in accordance with Sections
  37.115 and 38.351, including best practices for:
                           (i)  funding for mental health services and
  training provided by a district or school;
                           (ii)  improving psychological safety;
                           (iii)  coordinating systemic and
  multitiered support systems that address school climate, as defined
  by Section 39.351(d), the social and emotional domain, and
  behavioral and mental health;
                           (iv)  increasing contract-based
  collaborative efforts or partnerships with local community
  programs, agencies, and providers; and
                           (v)  district or school and campus level
  policies and procedures related to referral pathways to increase
  access to mental health services;
                     (C)  disparities in the race, ethnicity, gender,
  special education status, and geographic location of individuals
  receiving the services; and
                     (D)  best practices to replicate the services or
  training for all districts and schools.
         SECTION 4.  Section 38.312, Education Code, is amended to
  read as follows:
         Sec. 38.312.  EXPIRATION.  The task force is abolished and
  this subchapter expires December 1, 2031 [2025].
         SECTION 5.  As soon as practicable after the effective date
  of this Act, the members of the Collaborative Task Force on Public
  School Mental Health Services shall draw lots to determine which
  members serve a term expiring September 1, 2026, which members
  serve a term expiring September 1, 2027, and which members serve a
  term expiring September 1, 2028.  The lots must be split into thirds
  or as near to thirds as possible.
         SECTION 6.  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, 2025.