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AN ACT
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relating to the public health threat presented by youth suicide and |
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the qualification of certain persons serving as marriage and family |
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therapists in school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act is dedicated to every child who has |
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fallen victim to severe emotional trauma. |
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SECTION 2. The legislature finds that: |
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(1) the United States Surgeon General's Report on |
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Children's Mental Health estimates that one in five children and |
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adolescents will experience a significant mental health problem |
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during their school years; |
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(2) during elementary school years, children are in an |
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ongoing developmental process where it is crucial that healthy |
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mental and behavioral development be promoted and that a solid |
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foundation in social-emotional skills and capacities be built; |
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(3) adolescence is a period of significant change, |
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during which youth are faced with a myriad of pressures; |
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(4) the pressures facing youth during adolescence |
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include pressures relating to adapting to bodily changes, |
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succeeding academically, making college and career decisions, |
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being accepted by peers, including pressure to engage in drugs, |
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alcohol, and sex, measuring up to expectations of others, and |
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coping with family and peer conflicts; |
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(5) increased levels of victimization also lead to |
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increased levels of depression and anxiety and decreased levels of |
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self-esteem; |
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(6) emotional trauma and mental health issues, if left |
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unaddressed, can lead and have led to life-threatening violence and |
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suicide; |
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(7) suicide committed by youth continues to present a |
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public health threat that endangers the well-being of the youth of |
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the state; |
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(8) suicide is the third leading cause of death for |
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persons who are at least 15 years of age but younger than 25 years of |
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age and the sixth leading cause of death for persons who are at |
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least 5 years of age but younger than 15 years of age; and |
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(9) it is of the utmost importance to keep children and |
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adolescents mentally healthy and on a course to become mentally |
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healthy adults. |
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SECTION 3. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter O-1 to read as follows: |
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SUBCHAPTER O-1. EARLY MENTAL HEALTH INTERVENTION AND PREVENTION OF |
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YOUTH SUICIDE |
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Sec. 161.325. EARLY MENTAL HEALTH INTERVENTION AND SUICIDE |
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PREVENTION. (a) The department, in coordination with the Texas |
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Education Agency, shall provide and annually update a list of |
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recommended best practice-based early mental health intervention |
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and suicide prevention programs for implementation in public |
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elementary, junior high, middle, and high schools within the |
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general education setting. Each school district may select from |
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the list a program or programs appropriate for implementation in |
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the district. |
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(b) The programs on the list must include components that |
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provide for training counselors, teachers, nurses, administrators, |
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and other staff, as well as law enforcement officers and social |
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workers who regularly interact with students, to: |
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(1) recognize students at risk of committing suicide, |
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including students who are or may be the victims of or who engage in |
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bullying; |
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(2) recognize students displaying early warning signs |
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and a possible need for early mental health intervention, which |
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warning signs may include declining academic performance, |
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depression, anxiety, isolation, unexplained changes in sleep or |
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eating habits, and destructive behavior toward self and others; and |
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(3) intervene effectively with students described by |
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Subdivision (1) or (2) by providing notice and referral to a parent |
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or guardian so appropriate action, such as seeking mental health |
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services, may be taken by a parent or guardian. |
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(c) In developing the list of programs, the department and |
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the Texas Education Agency shall consider: |
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(1) any existing suicide prevention method developed |
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by a school district; and |
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(2) any Internet or online course or program developed |
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in this state or another state that is based on best practices |
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recognized by the Substance Abuse and Mental Health Services |
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Administration or the Suicide Prevention Resource Center. |
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(d) The board of trustees of each school district may adopt |
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a policy concerning early mental health intervention and suicide |
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prevention that: |
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(1) establishes a procedure for providing notice of a |
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recommendation for early mental health intervention regarding a |
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student to a parent or guardian of the student within a reasonable |
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amount of time after the identification of early warning signs as |
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described by Subsection (b)(2); |
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(2) establishes a procedure for providing notice of a |
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student identified as at risk of committing suicide to a parent or |
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guardian of the student within a reasonable amount of time after the |
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identification of early warning signs as described by Subsection |
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(b)(2); |
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(3) establishes that the district may develop a |
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reporting mechanism and may designate at least one person to act as |
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a liaison officer in the district for the purposes of identifying |
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students in need of early mental health intervention or suicide |
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prevention; and |
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(4) sets out available counseling alternatives for a |
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parent or guardian to consider when their child is identified as |
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possibly being in need of early mental health intervention or |
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suicide prevention. |
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(e) The policy must prohibit the use without the prior |
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consent of a student's parent or guardian of a medical screening of |
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the student as part of the process of identifying whether the |
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student is possibly in need of early mental health intervention or |
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suicide prevention. |
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(f) The policy and any necessary procedures adopted under |
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Subsection (d) must be included in: |
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(1) the annual student handbook; and |
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(2) the district improvement plan under Section |
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11.252, Education Code. |
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(g) The department may accept donations for purposes of this |
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section from sources without a conflict of interest. The |
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department may not accept donations for purposes of this section |
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from an anonymous source. |
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(h) Not later than January 1, 2013, the department shall |
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submit a report to the legislature relating to the development of |
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the list of programs and the implementation in school districts of |
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selected programs by school districts that choose to implement |
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programs. This subsection expires September 1, 2013. |
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(i) Nothing in this section is intended to interfere with |
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the rights of parents or guardians and the decision-making |
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regarding the best interest of the child. Policy and procedures |
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adopted in accordance with this section are intended to notify a |
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parent or guardian of a need for mental health intervention so that |
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a parent or guardian may take appropriate action. Nothing in this |
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section shall be construed as giving school districts the authority |
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to prescribe medications. Any and all medical decisions are to be |
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made by a parent or guardian of a student. |
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SECTION 4. Section 11.252(a), Education Code, is amended to |
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read as follows: |
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(a) Each school district shall have a district improvement |
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plan that is developed, evaluated, and revised annually, in |
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accordance with district policy, by the superintendent with the |
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assistance of the district-level committee established under |
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Section 11.251. The purpose of the district improvement plan is to |
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guide district and campus staff in the improvement of student |
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performance for all student groups in order to attain state |
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standards in respect to the student achievement indicators adopted |
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under Section 39.053. The district improvement plan must include |
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provisions for: |
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(1) a comprehensive needs assessment addressing |
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district student performance on the student achievement |
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indicators, and other appropriate measures of performance, that are |
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disaggregated by all student groups served by the district, |
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including categories of ethnicity, socioeconomic status, sex, and |
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populations served by special programs, including students in |
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special education programs under Subchapter A, Chapter 29; |
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(2) measurable district performance objectives for |
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all appropriate student achievement indicators for all student |
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populations, including students in special education programs |
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under Subchapter A, Chapter 29, and other measures of student |
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performance that may be identified through the comprehensive needs |
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assessment; |
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(3) strategies for improvement of student performance |
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that include: |
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(A) instructional methods for addressing the |
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needs of student groups not achieving their full potential; |
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(B) methods for addressing the needs of students |
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for special programs, including: |
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(i) [such as] suicide prevention programs, |
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in accordance with Subchapter O-1, Chapter 161, Health and Safety |
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Code, which includes a parental or guardian notification procedure; |
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(ii) [,] conflict resolution programs; |
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(iii) [,] violence prevention programs; and |
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(iv) [, or] dyslexia treatment programs; |
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(C) dropout reduction; |
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(D) integration of technology in instructional |
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and administrative programs; |
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(E) discipline management; |
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(F) staff development for professional staff of |
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the district; |
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(G) career education to assist students in |
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developing the knowledge, skills, and competencies necessary for a |
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broad range of career opportunities; and |
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(H) accelerated education; |
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(4) strategies for providing to middle school, junior |
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high school, and high school students, those students' teachers and |
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counselors, and those students' parents information about: |
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(A) higher education admissions and financial |
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aid opportunities; |
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(B) the TEXAS grant program and the Teach for |
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Texas grant program established under Chapter 56; |
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(C) the need for students to make informed |
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curriculum choices to be prepared for success beyond high school; |
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and |
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(D) sources of information on higher education |
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admissions and financial aid; |
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(5) resources needed to implement identified |
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strategies; |
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(6) staff responsible for ensuring the accomplishment |
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of each strategy; |
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(7) timelines for ongoing monitoring of the |
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implementation of each improvement strategy; and |
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(8) formative evaluation criteria for determining |
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periodically whether strategies are resulting in intended |
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improvement of student performance. |
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SECTION 5. Section 21.003(b), Education Code, is amended to |
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read as follows: |
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(b) Except as otherwise provided by this subsection, a [A] |
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person may not be employed by a school district as an audiologist, |
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occupational therapist, physical therapist, physician, nurse, |
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school psychologist, associate school psychologist, marriage and |
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family therapist, social worker, or speech language pathologist |
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unless the person is licensed by the state agency that licenses that |
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profession and[. A person] may perform specific services within |
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those professions for a school district only if the person holds the |
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appropriate credential from the appropriate state agency. As long |
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as a person employed by a district before September 1, 2011, to |
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perform marriage and family therapy, as defined by Section 502.002, |
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Occupations Code, is employed by the same district, the person is |
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not required to hold a license as a marriage and family therapist to |
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perform marriage and family therapy with that district. |
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SECTION 6. Section 502.004, Occupations Code, is amended to |
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read as follows: |
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Sec. 502.004. APPLICATION OF CHAPTER. This chapter does |
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not apply to: |
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(1) the activities, within the scope of a person's |
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employment, of a person employed to perform marriage and family |
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therapy by a federal, state, county, or municipal agency or, except |
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as provided by Section 21.003(b), Education Code, by a public or |
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private educational institution[, if the activities are within the
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scope of the person's employment]; |
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(2) the activities of a student, intern, or trainee in |
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marriage and family therapy in a recognized course of study in |
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marriage and family therapy at an accredited institution of higher |
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education or other training institution, if: |
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(A) the activities constitute a part of the |
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course of study; and |
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(B) the person is called a "marriage and family |
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therapist intern" or similar title; |
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(3) the activities and services of a person licensed |
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to practice another profession, including a physician, attorney, |
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registered nurse, occupational therapist, psychologist, social |
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worker, or licensed professional counselor; or |
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(4) the activities and services of a recognized |
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religious practitioner, including a pastoral counselor or |
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Christian Science practitioner recognized by the Church of Christ |
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Scientist as registered and published in the Christian Science |
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Journal, if the practitioner practices marriage and family therapy |
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in a manner consistent with the laws of this state. |
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SECTION 7. As soon as practicable after the effective date |
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of this Act, the State Board for Educator Certification shall |
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propose rules for the administration of Section 21.003(b), |
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Education Code, as amended by this Act. |
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SECTION 8. This Act applies beginning with the 2012-2013 |
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school year. |
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SECTION 9. 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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1386 was passed by the House on May |
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13, 2011, by the following vote: Yeas 107, Nays 29, 3 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1386 on May 26, 2011, by the following vote: Yeas 111, Nays 32, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1386 was passed by the Senate, with |
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amendments, on May 23, 2011, by the following vote: Yeas 28, Nays |
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3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |