| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to consideration of the mental health of public school |
|
|
students in school planning, educator training requirements, |
|
|
curriculum requirements, educational programs, state and regional |
|
|
programs and services, and health care services for students. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
ARTICLE 1. MENTAL HEALTH OF STUDENTS IN PUBLIC SCHOOLS |
|
|
SECTION 1.01. Subchapter D, Chapter 11, Education Code, is |
|
|
amended by adding Section 11.183 to read as follows: |
|
|
Sec. 11.183. SAFE AND SUPPORTIVE SCHOOL CLIMATE ASSESSMENT |
|
|
AND PROMOTION. (a) In this section: |
|
|
(1) "Behavioral health disorder" means co-occurring |
|
|
mental illness and substance abuse. |
|
|
(2) "Mental illness" means an illness, disease, or |
|
|
condition, other than epilepsy, dementia, substance abuse, or |
|
|
intellectual or developmental disability, that: |
|
|
(A) substantially impairs a person's thought, |
|
|
perception of reality, emotional process, or judgment; or |
|
|
(B) grossly impairs behavior as demonstrated by |
|
|
recent disturbed behavior. |
|
|
(3) "Substance abuse" means a patterned use of a |
|
|
substance, including a controlled substance, as defined by Chapter |
|
|
481, Health and Safety Code, and alcohol, in which the person |
|
|
consumes the substance in amounts or with methods that are harmful |
|
|
to the person's self or to others. |
|
|
(b) The board of trustees of each independent school |
|
|
district shall adopt a process for assessing whether the school |
|
|
climate in the district and each campus in the district is safe and |
|
|
supportive and promotes the social and emotional wellness of |
|
|
students. |
|
|
(c) The board shall adopt a policy to promote a safe and |
|
|
supportive school climate in the district and each campus in the |
|
|
district that includes the use of: |
|
|
(1) instructional methods and trauma-informed |
|
|
practices for promoting a safe and supportive school climate and |
|
|
social and emotional wellness; and |
|
|
(2) special programs addressing students' mental |
|
|
illness, substance abuse, and behavioral health disorder |
|
|
challenges. |
|
|
SECTION 1.02. Section 11.252(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) Each school district shall have a district improvement |
|
|
plan that is developed, evaluated, and revised annually, in |
|
|
accordance with district policy, by the superintendent with the |
|
|
assistance of the district-level committee established under |
|
|
Section 11.251. The purpose of the district improvement plan is to |
|
|
guide district and campus staff in the improvement of student |
|
|
performance for all student groups in order to attain state |
|
|
standards in respect to the achievement indicators adopted under |
|
|
Sections 39.053(c)(1)-(4). The district improvement plan must |
|
|
include provisions for: |
|
|
(1) a comprehensive needs assessment addressing |
|
|
district student performance on the achievement indicators, and |
|
|
other appropriate measures of performance, that are disaggregated |
|
|
by all student groups served by the district, including categories |
|
|
of ethnicity, socioeconomic status, sex, and populations served by |
|
|
special programs, including students in special education programs |
|
|
under Subchapter A, Chapter 29; |
|
|
(2) measurable district performance objectives for |
|
|
all appropriate achievement indicators for all student |
|
|
populations, including students in special education programs |
|
|
under Subchapter A, Chapter 29, and other measures of student |
|
|
performance that may be identified through the comprehensive needs |
|
|
assessment; |
|
|
(3) strategies for improvement of student performance |
|
|
that include: |
|
|
(A) instructional methods for addressing the |
|
|
needs of student groups not achieving their full potential; |
|
|
(B) methods for addressing the needs of students |
|
|
for special programs, including: |
|
|
(i) suicide prevention programs, in |
|
|
accordance with Subchapter G [O-1], Chapter 38 [161, Health and
|
|
|
Safety Code], which include [includes] a parental or guardian |
|
|
notification procedure; |
|
|
(ii) conflict resolution programs; |
|
|
(iii) violence prevention programs; and |
|
|
(iv) dyslexia treatment programs; |
|
|
(C) dropout reduction; |
|
|
(D) integration of technology in instructional |
|
|
and administrative programs; |
|
|
(E) positive behavior [discipline] management; |
|
|
(F) staff development for professional staff of |
|
|
the district; |
|
|
(G) career education to assist students in |
|
|
developing the knowledge, skills, and competencies necessary for a |
|
|
broad range of career opportunities; and |
|
|
(H) accelerated education; |
|
|
(4) strategies for providing to middle school, junior |
|
|
high school, and high school students, those students' teachers and |
|
|
school counselors, and those students' parents information about: |
|
|
(A) higher education admissions and financial |
|
|
aid opportunities; |
|
|
(B) the TEXAS grant program and the Teach for |
|
|
Texas grant program established under Chapter 56; |
|
|
(C) the need for students to make informed |
|
|
curriculum choices to be prepared for success beyond high school; |
|
|
and |
|
|
(D) sources of information on higher education |
|
|
admissions and financial aid; |
|
|
(5) resources needed to implement identified |
|
|
strategies; |
|
|
(6) staff responsible for ensuring the accomplishment |
|
|
of each strategy; |
|
|
(7) timelines for ongoing monitoring of the |
|
|
implementation of each improvement strategy; |
|
|
(8) formative evaluation criteria for determining |
|
|
periodically whether strategies are resulting in intended |
|
|
improvement of student performance; and |
|
|
(9) the policy under Section 38.0041 addressing sexual |
|
|
abuse and other maltreatment of children. |
|
|
SECTION 1.03. Section 21.001, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.001. DEFINITIONS [DEFINITION]. In this chapter: |
|
|
(1) "Behavioral health disorder," "mental illness," |
|
|
and "substance abuse" have the meanings assigned by Section 11.183. |
|
|
(2) "Commissioner"[, "commissioner"] includes a |
|
|
person designated by the commissioner. |
|
|
SECTION 1.04. Section 21.044(c-1), Education Code, is |
|
|
amended to read as follows: |
|
|
(c-1) Any minimum academic qualifications for a certificate |
|
|
specified under Subsection (a) that require a person to possess a |
|
|
bachelor's degree must also require that the person receive, as |
|
|
part of the training required to obtain that certificate, |
|
|
instruction regarding mental health, substance abuse, and youth |
|
|
suicide. The instruction required must: |
|
|
(1) be provided through a program selected from the |
|
|
list of recommended best practice-based programs established under |
|
|
Section 38.301 [161.325, Health and Safety Code]; and |
|
|
(2) include effective strategies [for teaching and
|
|
|
intervening with students with mental or emotional disorders], |
|
|
including de-escalation techniques and positive behavioral |
|
|
interventions and supports, for teaching and intervening with |
|
|
students with mental illness or a behavioral health disorder or who |
|
|
engage in substance abuse. |
|
|
SECTION 1.05. Section 21.054, Education Code, is amended by |
|
|
amending Subsections (d), (e), (f), and (g) and adding Subsection |
|
|
(d-2) to read as follows: |
|
|
(d) Continuing education requirements for a classroom |
|
|
teacher must provide that not more than 25 percent of the training |
|
|
required every five years include instruction regarding: |
|
|
(1) collecting and analyzing information that will |
|
|
improve effectiveness in the classroom; |
|
|
(2) recognizing early warning indicators that a |
|
|
student may be at risk of dropping out of school; |
|
|
(3) integrating technology into classroom |
|
|
instruction; and |
|
|
(4) educating diverse student populations, including: |
|
|
(A) students with learning disabilities[,
|
|
|
including mental health disorders]; |
|
|
(B) students with intellectual or developmental |
|
|
disabilities; |
|
|
(C) students with mental illness or a behavioral |
|
|
health disorder or who engage in substance abuse; |
|
|
(D) students who are educationally |
|
|
disadvantaged; |
|
|
(E) [(C)] students of limited English |
|
|
proficiency; and |
|
|
(F) [(D)] students at risk of dropping out of |
|
|
school. |
|
|
(d-2) Continuing education requirements for an educator may |
|
|
include instruction regarding how grief and trauma affect student |
|
|
learning and behavior and how evidence-based, grief-informed, and |
|
|
trauma-informed strategies support the academic success of |
|
|
students affected by grief and trauma. |
|
|
(e) Continuing education requirements for a principal must |
|
|
provide that not more than 25 percent of the training required every |
|
|
five years include instruction regarding: |
|
|
(1) effective and efficient management, including: |
|
|
(A) collecting and analyzing information; |
|
|
(B) making decisions and managing time; and |
|
|
(C) supervising student discipline and managing |
|
|
behavior; |
|
|
(2) recognizing early warning indicators that a |
|
|
student may be at risk of dropping out of school; |
|
|
(3) integrating technology into campus curriculum and |
|
|
instruction; and |
|
|
(4) educating diverse student populations, including: |
|
|
(A) students with learning disabilities[,
|
|
|
including mental health disorders]; |
|
|
(B) students with intellectual or developmental |
|
|
disabilities; |
|
|
(C) students with mental illness or a behavioral |
|
|
health disorder or who engage in substance abuse; |
|
|
(D) students who are educationally |
|
|
disadvantaged; |
|
|
(E) [(C)] students of limited English |
|
|
proficiency; and |
|
|
(F) [(D)] students at risk of dropping out of |
|
|
school. |
|
|
(f) Continuing education requirements for a counselor must |
|
|
provide that not more than 25 percent of training required every |
|
|
five years include instruction regarding: |
|
|
(1) assisting students in developing high school |
|
|
graduation plans; |
|
|
(2) implementing dropout prevention strategies; [and] |
|
|
(3) informing students concerning: |
|
|
(A) college admissions, including college |
|
|
financial aid resources and application procedures; and |
|
|
(B) career opportunities; and |
|
|
(4) counseling students concerning mental illness, |
|
|
behavioral health disorders, and substance abuse. |
|
|
(g) The board shall adopt rules that allow an educator to |
|
|
fulfill [up to 12 hours of] continuing education requirements by |
|
|
participating in a mental health first aid training program offered |
|
|
by a local mental health authority under Section 1001.203, Health |
|
|
and Safety Code. The rules adopted under this subsection must allow |
|
|
an educator who completes a mental health first aid training |
|
|
program offered: |
|
|
(1) using an online or videoconferencing format to |
|
|
fulfill not more than eight hours of continuing education |
|
|
requirements; or |
|
|
(2) through a classroom instruction format that |
|
|
requires in-person attendance to fulfill not more than 16 hours of |
|
|
continuing education requirements, with the educator permitted to |
|
|
receive credit for twice the number of hours of instruction |
|
|
provided. [The number of hours of continuing education an educator
|
|
|
may fulfill under this subsection may not exceed the number of hours
|
|
|
the educator actually spends participating in a mental health first
|
|
|
aid training program.] |
|
|
SECTION 1.06. Sections 21.451(d) and (d-1), Education Code, |
|
|
are amended to read as follows: |
|
|
(d) The staff development: |
|
|
(1) may include training in: |
|
|
(A) recognizing signs of mental illness, |
|
|
behavioral health disorders, and substance abuse; |
|
|
(B) technology; |
|
|
(C) [(B)] conflict resolution; |
|
|
(D) [(C)] discipline strategies, including |
|
|
classroom management, district discipline policies, and the |
|
|
student code of conduct adopted under [Section 37.001 and] Chapter |
|
|
37; and |
|
|
(E) [(D)] preventing, identifying, responding |
|
|
to, and reporting incidents of bullying; |
|
|
(2) subject to Subsection (e) and to Section 21.3541 |
|
|
and rules adopted under that section, must include training that is |
|
|
evidence-based [based on scientifically based research], as |
|
|
defined by Section 8101, Every Student Succeeds Act, [9101, No
|
|
|
Child Left Behind Act of 2001] (20 U.S.C. Section 7801), and that: |
|
|
(A) relates to instruction of students with |
|
|
disabilities; and |
|
|
(B) is designed for educators who work primarily |
|
|
outside the area of special education; and |
|
|
(3) must include suicide prevention training that must |
|
|
be provided: |
|
|
(A) on an annual basis, as part of a new employee |
|
|
orientation, to all new school district and open-enrollment charter |
|
|
school educators; and |
|
|
(B) to existing school district and |
|
|
open-enrollment charter school educators on a schedule adopted by |
|
|
the agency by rule. |
|
|
(d-1) The suicide prevention training required by |
|
|
Subsection (d)(3) must use a best practice-based program |
|
|
recommended by the Health and Human Services Commission [Department
|
|
|
of State Health Services] in coordination with the agency under |
|
|
Section 38.301 [161.325, Health and Safety Code]. |
|
|
SECTION 1.07. Subchapter J, Chapter 21, Education Code, is |
|
|
amended by adding Section 21.462 to read as follows: |
|
|
Sec. 21.462. RESOURCES FOR TEACHERS OF STUDENTS WITH MENTAL |
|
|
HEALTH NEEDS. The agency, in coordination with the Health and Human |
|
|
Services Commission, shall establish and maintain an Internet |
|
|
website to provide resources for teachers regarding teaching |
|
|
students with mental illness or a behavioral health disorder or who |
|
|
engage in substance abuse. |
|
|
SECTION 1.08. Section 21.463, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.463. RESOURCES FOR TEACHERS OF STUDENTS WITH |
|
|
SPECIAL PHYSICAL HEALTH NEEDS. The agency, in coordination with |
|
|
the Health and Human Services Commission, shall establish and |
|
|
maintain an Internet website to provide resources for teachers who |
|
|
teach students with special physical health needs. The agency |
|
|
shall include on the website information about: |
|
|
(1) the treatment and management of chronic physical |
|
|
illnesses and how such illnesses impact a student's well-being or |
|
|
ability to succeed in school; and |
|
|
(2) food allergies that are common among students, |
|
|
including information about preventing exposure to a specific food |
|
|
when necessary to protect a student's health and information about |
|
|
treating a student suffering from an allergic reaction to a food. |
|
|
SECTION 1.09. Subchapter A, Chapter 28, Education Code, is |
|
|
amended by adding Section 28.0011 to read as follows: |
|
|
Sec. 28.0011. DEFINITIONS. In this chapter, "behavioral |
|
|
health disorder," "mental illness," and "substance abuse" have the |
|
|
meanings assigned by Section 11.183. |
|
|
SECTION 1.10. Sections 28.002(a) and (r), Education Code, |
|
|
are amended to read as follows: |
|
|
(a) Each school district that offers kindergarten through |
|
|
grade 12 shall offer, as a required curriculum: |
|
|
(1) a foundation curriculum that includes: |
|
|
(A) English language arts; |
|
|
(B) mathematics; |
|
|
(C) science; and |
|
|
(D) social studies, consisting of Texas, United |
|
|
States, and world history, government, economics, with emphasis on |
|
|
the free enterprise system and its benefits, and geography; and |
|
|
(2) an enrichment curriculum that includes: |
|
|
(A) to the extent possible, languages other than |
|
|
English; |
|
|
(B) physical health, with emphasis on the |
|
|
importance of proper nutrition and exercise; |
|
|
(C) mental health, with emphasis on instruction |
|
|
about mental illness, behavioral health disorders, and substance |
|
|
abuse; |
|
|
(D) physical education; |
|
|
(E) [(D)] fine arts; |
|
|
(F) [(E)] career and technology education; |
|
|
(G) [(F)] technology applications; |
|
|
(H) [(G)] religious literature, including the |
|
|
Hebrew Scriptures (Old Testament) and New Testament, and its impact |
|
|
on history and literature; and |
|
|
(I) [(H)] personal financial literacy. |
|
|
(r) In adopting the essential knowledge and skills for the |
|
|
mental health curriculum under Subsection (a)(2)(C) [(a)(2)(B)], |
|
|
the State Board of Education shall adopt essential knowledge and |
|
|
skills that address the dangers, causes, consequences, signs, |
|
|
symptoms, and treatment of binge drinking, [and] alcohol poisoning, |
|
|
and substance abuse. The agency shall compile a list of |
|
|
evidence-based substance abuse [alcohol] awareness programs from |
|
|
which a school district shall choose a program to use in the |
|
|
district's middle school, junior high school, and high school |
|
|
mental health curriculum. In this subsection, "evidence-based |
|
|
substance abuse [alcohol] awareness program" means a program, |
|
|
practice, or strategy that has been proven to effectively prevent |
|
|
substance abuse [or delay alcohol use] among students, as |
|
|
determined by evaluations that use valid and reliable measures and |
|
|
that are published in peer-reviewed journals. |
|
|
SECTION 1.11. Sections 28.004(c), (d), and (k), Education |
|
|
Code, are amended to read as follows: |
|
|
(c) The local school health advisory council's duties |
|
|
include recommending: |
|
|
(1) the number of hours of instruction to be provided |
|
|
in physical health education and in mental health education; |
|
|
(2) policies, procedures, strategies, and curriculum |
|
|
appropriate for specific grade levels designed to prevent physical |
|
|
health concerns, including obesity, cardiovascular disease, Type 2 |
|
|
diabetes, and mental health concerns through coordination of: |
|
|
(A) health education, which must equally address |
|
|
physical health concerns and mental health concerns to ensure the |
|
|
integration of physical health education and mental health |
|
|
education; |
|
|
(B) physical education and physical activity; |
|
|
(C) nutrition services; |
|
|
(D) parental involvement; |
|
|
(E) instruction to prevent the use of tobacco; |
|
|
(F) school health services; |
|
|
(G) counseling and guidance services; |
|
|
(H) a safe and healthy school environment; and |
|
|
(I) school employee wellness; |
|
|
(3) appropriate grade levels and methods of |
|
|
instruction for human sexuality instruction; |
|
|
(4) strategies for integrating the curriculum |
|
|
components specified by Subdivision (2) with the following elements |
|
|
in a coordinated school health program for the district: |
|
|
(A) school health services, including physical |
|
|
health services and mental health services, if provided at a campus |
|
|
by the district or by a third party under a contract with the |
|
|
district; |
|
|
(B) counseling and guidance services; |
|
|
(C) a safe and healthy school environment; and |
|
|
(D) school employee wellness; and |
|
|
(5) if feasible, joint use agreements or strategies |
|
|
for collaboration between the school district and community |
|
|
organizations or agencies. |
|
|
(d) The board of trustees shall appoint at least five |
|
|
members to the local school health advisory council. A majority of |
|
|
the members must be persons who are parents of students enrolled in |
|
|
the district and who are not employed by the district. One of those |
|
|
members shall serve as chair or co-chair of the council. The board |
|
|
of trustees shall appoint at least one psychiatrist or nonphysician |
|
|
mental health professional, as defined by Section 38.0101. For |
|
|
each school year for which the board of trustees is unable to |
|
|
appoint a psychiatrist or nonphysician mental health professional, |
|
|
the board must submit to the commissioner a statement that the board |
|
|
was unable to appoint a psychiatrist or nonphysician mental health |
|
|
professional despite a good faith effort to do so. The board of |
|
|
trustees also may appoint one or more persons from each of the |
|
|
following groups or a representative from a group other than a group |
|
|
specified under this subsection: |
|
|
(1) public school teachers; |
|
|
(2) public school administrators; |
|
|
(3) district students; |
|
|
(4) health care professionals; |
|
|
(5) the business community; |
|
|
(6) law enforcement; |
|
|
(7) senior citizens; |
|
|
(8) the clergy; |
|
|
(9) nonprofit health organizations; and |
|
|
(10) local domestic violence programs. |
|
|
(k) A school district shall publish in the student handbook |
|
|
and post on the district's Internet website, if the district has an |
|
|
Internet website: |
|
|
(1) a statement of the policies adopted to promote the |
|
|
physical health and mental health of students, the physical health |
|
|
and mental health resources available at each campus, contact |
|
|
information for the nearest providers of essential public health |
|
|
services under Chapter 121, Health and Safety Code, and the contact |
|
|
information for the nearest local mental health authority; |
|
|
(2) a statement of the policies adopted to ensure that |
|
|
elementary school, middle school, and junior high school students |
|
|
engage in at least the amount and level of physical activity |
|
|
required by Section 28.002(l); |
|
|
(3) [(2)] a statement of: |
|
|
(A) the number of times during the preceding year |
|
|
the district's school health advisory council has met; |
|
|
(B) whether the district has adopted and enforces |
|
|
policies to ensure that district campuses comply with agency |
|
|
vending machine and food service guidelines for restricting student |
|
|
access to vending machines; and |
|
|
(C) whether the district has adopted and enforces |
|
|
policies and procedures that prescribe penalties for the use of |
|
|
e-cigarettes, as defined by Section 38.006, and tobacco products by |
|
|
students and others on school campuses or at school-sponsored or |
|
|
school-related activities; and |
|
|
(4) [(3)] a statement providing notice to parents that |
|
|
they can request in writing their child's physical fitness |
|
|
assessment results at the end of the school year. |
|
|
SECTION 1.12. Section 29.003(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) A student is eligible to participate in a school |
|
|
district's special education program if the student: |
|
|
(1) is not more than 21 years of age and has a visual or |
|
|
auditory impairment that prevents the student from being adequately |
|
|
or safely educated in public school without the provision of |
|
|
special services; or |
|
|
(2) is at least three but not more than 21 years of age |
|
|
and has one or more of the following disabilities that prevents the |
|
|
student from being adequately or safely educated in public school |
|
|
without the provision of special services: |
|
|
(A) physical disability; |
|
|
(B) intellectual or developmental disability |
|
|
[mental retardation]; |
|
|
(C) mental health disorder or social-emotional |
|
|
disorder [emotional disturbance]; |
|
|
(D) learning disability; |
|
|
(E) autism; |
|
|
(F) speech disability; or |
|
|
(G) traumatic brain injury. |
|
|
SECTION 1.13. Sections 29.004(a), (a-1), and (c), Education |
|
|
Code, are amended to read as follows: |
|
|
(a) A written report of a full individual and initial |
|
|
evaluation of a student for purposes of special education services |
|
|
shall be completed as follows, except as otherwise provided by this |
|
|
section: |
|
|
(1) not later than the 20th [45th] school day |
|
|
following the date on which the school district, in accordance with |
|
|
20 U.S.C. Section 1414(a), as amended, receives written consent for |
|
|
the evaluation, signed by the student's parent or legal guardian, |
|
|
except that if a student has been absent from school during that |
|
|
period on three or more days, that period must be extended by a |
|
|
number of school days equal to the number of school days during that |
|
|
period on which the student has been absent; or |
|
|
(2) for students under five years of age on [by] |
|
|
September 1 of the school year and not enrolled in public school and |
|
|
for students enrolled in a private or home school setting, not later |
|
|
than the 20th [45th] school day following the date on which the |
|
|
school district receives written consent for the evaluation, signed |
|
|
by a student's parent or legal guardian. |
|
|
(a-1) If a school district receives written consent signed |
|
|
by a student's parent or legal guardian for a full individual and |
|
|
initial evaluation of a student at least 10 [35] but less than 20 |
|
|
[45] school days before the last instructional day of the school |
|
|
year, the evaluation must be completed and the written report of the |
|
|
evaluation must be provided to the parent or legal guardian not |
|
|
later than June 30 of that year. The student's admission, review, |
|
|
and dismissal committee shall meet not later than the seventh |
|
|
[15th] school day of the following school year to consider the |
|
|
evaluation. If a district receives written consent signed by a |
|
|
student's parent or legal guardian less than 10 [35] school days |
|
|
before the last instructional day of the school year, or if the |
|
|
district receives the written consent at least 10 [35] but less than |
|
|
20 [45] school days before the last instructional day of the school |
|
|
year but the student is absent from school during that period on |
|
|
three or more days, Subsection (a)(1) applies to the date the |
|
|
written report of the full individual and initial evaluation is |
|
|
required. |
|
|
(c) If a parent or legal guardian makes a written request to |
|
|
a school district's director of special education services or to a |
|
|
district administrative employee for a full individual and initial |
|
|
evaluation of a student, the district shall, not later than the |
|
|
seventh [15th] school day after the date the district receives the |
|
|
request: |
|
|
(1) provide an opportunity for the parent or legal |
|
|
guardian to give written consent for the evaluation; or |
|
|
(2) refuse to provide the evaluation and provide the |
|
|
parent or legal guardian with notice of procedural safeguards under |
|
|
20 U.S.C. Section 1415(b). |
|
|
SECTION 1.14. Section 29.0041, Education Code, is amended |
|
|
to read as follows: |
|
|
Sec. 29.0041. INFORMATION AND CONSENT FOR CERTAIN MENTAL |
|
|
HEALTH ASSESSMENTS, EVALUATIONS, OR EXAMINATIONS [PSYCHOLOGICAL
|
|
|
EXAMINATIONS OR TESTS]. (a) On request of a child's parent, before |
|
|
obtaining the parent's consent under 20 U.S.C. Section 1414 for the |
|
|
administration of any mental health assessment, evaluation, or |
|
|
[psychological] examination of [or test to] the child that is |
|
|
included as part of the evaluation of the child's need for special |
|
|
education, a school district shall provide to the child's parent: |
|
|
(1) the name and type of the assessment, evaluation, |
|
|
or examination [or test]; and |
|
|
(2) an explanation of how the assessment, evaluation, |
|
|
or examination [or test] will be used to develop an appropriate |
|
|
individualized education program for the child. |
|
|
(b) If the district determines that an additional mental |
|
|
health assessment, evaluation, or examination [or test] is required |
|
|
for the evaluation of a child's need for special education after |
|
|
obtaining consent from the child's parent under Subsection (a), the |
|
|
district shall provide the information described by Subsections |
|
|
(a)(1) and (2) to the child's parent regarding the additional |
|
|
mental health assessment, evaluation, or examination [or test] and |
|
|
shall obtain additional consent for the assessment, evaluation, or |
|
|
examination [or test]. |
|
|
(c) The time required for the district to provide |
|
|
information and seek consent under Subsection (b) may not be |
|
|
counted toward the 20 school [60 calendar] days for completion of an |
|
|
evaluation under Section 29.004. If a parent does not give consent |
|
|
under Subsection (b) within 10 school [20 calendar] days after the |
|
|
date the district provided to the parent the information required |
|
|
by that subsection, the parent's consent is considered denied. |
|
|
SECTION 1.15. Section 29.011(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) The commissioner shall require each school district or |
|
|
shared services arrangement to designate at least one employee to |
|
|
serve as the district's or shared services arrangement's designee |
|
|
on transition and employment services for students enrolled in |
|
|
special education programs under this subchapter. The commissioner |
|
|
shall develop minimum training guidelines for a district's or |
|
|
shared services arrangement's designee. An individual designated |
|
|
under this subsection must provide information and resources about |
|
|
effective transition planning and services and interagency |
|
|
coordination to ensure that local school staff communicate and |
|
|
collaborate with: |
|
|
(1) students enrolled in special education programs |
|
|
under this subchapter and the parents of those students; and |
|
|
(2) as appropriate, local and regional staff of [the]: |
|
|
(A) the Health and Human Services Commission; |
|
|
(B) the [Department of Aging and Disability
|
|
|
Services;
|
|
|
[(C)
Department of Assistive and Rehabilitative
|
|
|
Services;
|
|
|
[(D)] Department of State Health Services; [and] |
|
|
(C) the [(E)] Department of Family and Protective |
|
|
Services; and |
|
|
(D) any other health and human services agency, |
|
|
as defined by Section 531.001, Government Code, that provides |
|
|
relevant services. |
|
|
SECTION 1.16. Section 29.012(d), Education Code, is amended |
|
|
to read as follows: |
|
|
(d) The agency [Texas Education Agency], the Health and |
|
|
Human Services Commission, and the Department of Family and |
|
|
Protective Services [Texas Department of Mental Health and Mental
|
|
|
Retardation, the Texas Department of Human Services, the Texas
|
|
|
Department of Health, the Department of Protective and Regulatory
|
|
|
Services, the Interagency Council on Early Childhood Intervention,
|
|
|
the Texas Commission on Alcohol and Drug Abuse, and the Texas
|
|
|
Juvenile Justice Department] by a cooperative effort shall develop |
|
|
and by rule adopt a memorandum of understanding. The memorandum |
|
|
must: |
|
|
(1) establish the respective responsibilities of |
|
|
school districts and of residential facilities for the provision of |
|
|
a free, appropriate public education, as required by the |
|
|
Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
|
|
et seq.) and its subsequent amendments, including each requirement |
|
|
for children with disabilities who reside in those facilities; |
|
|
(2) coordinate regulatory and planning functions of |
|
|
the parties to the memorandum; |
|
|
(3) establish criteria for determining when a public |
|
|
school will provide educational services; |
|
|
(4) provide for appropriate educational space when |
|
|
education services will be provided at the residential facility; |
|
|
(5) establish measures designed to ensure the safety |
|
|
of students and teachers; and |
|
|
(6) provide for binding arbitration consistent with |
|
|
Chapter 2009, Government Code, and Section 154.027, Civil Practice |
|
|
and Remedies Code. |
|
|
SECTION 1.17. Section 29.015(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) A foster parent may act as a parent of a child with a |
|
|
disability, as authorized under 20 U.S.C. Section 1415(b) and its |
|
|
subsequent amendments, if: |
|
|
(1) the Department of Family and Protective [and
|
|
|
Regulatory] Services is appointed as the temporary or permanent |
|
|
managing conservator of the child; |
|
|
(2) the child has been placed with the foster parent |
|
|
for at least 60 days; |
|
|
(3) the foster parent agrees to: |
|
|
(A) participate in making educational decisions |
|
|
on the child's behalf; and |
|
|
(B) complete a training program for surrogate |
|
|
parents that complies with minimum standards established by agency |
|
|
rule; and |
|
|
(4) the foster parent has no interest that conflicts |
|
|
with the child's interests. |
|
|
SECTION 1.18. Section 29.081(d), Education Code, is amended |
|
|
to read as follows: |
|
|
(d) For purposes of this section, "student at risk of |
|
|
dropping out of school" includes each student who is under 26 years |
|
|
of age and who: |
|
|
(1) was not advanced from one grade level to the next |
|
|
for one or more school years; |
|
|
(2) if the student is in grade 7, 8, 9, 10, 11, or 12, |
|
|
did not maintain an average equivalent to 70 on a scale of 100 in two |
|
|
or more subjects in the foundation curriculum during a semester in |
|
|
the preceding or current school year or is not maintaining such an |
|
|
average in two or more subjects in the foundation curriculum in the |
|
|
current semester; |
|
|
(3) did not perform satisfactorily on an assessment |
|
|
instrument administered to the student under Subchapter B, Chapter |
|
|
39, and who has not in the previous or current school year |
|
|
subsequently performed on that instrument or another appropriate |
|
|
instrument at a level equal to at least 110 percent of the level of |
|
|
satisfactory performance on that instrument; |
|
|
(4) if the student is in prekindergarten, |
|
|
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on |
|
|
a readiness test or assessment instrument administered during the |
|
|
current school year; |
|
|
(5) is pregnant or is a parent; |
|
|
(6) has been placed in a disciplinary [an] alternative |
|
|
education program in accordance with Section 37.006 during the |
|
|
preceding or current school year; |
|
|
(7) has been expelled in accordance with Section |
|
|
37.007 during the preceding or current school year; |
|
|
(8) is currently on parole, probation, deferred |
|
|
prosecution, or other conditional release; |
|
|
(9) was previously reported through the Public |
|
|
Education Information Management System (PEIMS) to have dropped out |
|
|
of school; |
|
|
(10) is a student of limited English proficiency, as |
|
|
defined by Section 29.052; |
|
|
(11) is in the custody or care of the Department of |
|
|
Family and Protective [and Regulatory] Services or has, during the |
|
|
current school year, been referred to the department by a school |
|
|
official, officer of the juvenile court, or law enforcement |
|
|
official; |
|
|
(12) is homeless, as defined by 42 U.S.C. Section |
|
|
11302, and its subsequent amendments; or |
|
|
(13) resided in the preceding school year or resides |
|
|
in the current school year in a residential placement facility in |
|
|
the district, including a detention facility, substance abuse |
|
|
treatment facility, emergency shelter, psychiatric hospital, |
|
|
halfway house, or foster group home. |
|
|
SECTION 1.19. Section 30.0015(b), Education Code, is |
|
|
amended to read as follows: |
|
|
(b) The agency by rule shall develop and annually |
|
|
disseminate standards for a school district's transfer of an |
|
|
assistive technology device to an entity listed in this subsection |
|
|
when a student with a disability using the device changes the school |
|
|
of attendance in the district or ceases to attend school in the |
|
|
district that purchased the device and the student's parents, or |
|
|
the student if the student has the legal capacity to enter into a |
|
|
contract, agrees to the transfer. The device may be transferred to: |
|
|
(1) the school or school district in which the student |
|
|
enrolls; |
|
|
(2) a state agency, including the Health and Human |
|
|
Services [Texas Rehabilitation] Commission [and the Texas
|
|
|
Department of Mental Health and Mental Retardation], that provides |
|
|
services to the student following the student's graduation from |
|
|
high school; or |
|
|
(3) the student's parents, or the student if the |
|
|
student has the legal capacity to enter into a contract. |
|
|
SECTION 1.20. Section 30.002(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) The agency shall: |
|
|
(1) develop standards and guidelines for all special |
|
|
education services for children with visual impairments that it is |
|
|
authorized to provide or support under this code; |
|
|
(2) supervise regional education service centers and |
|
|
other entities in assisting school districts in serving children |
|
|
with visual impairments more effectively; |
|
|
(3) develop and administer special education services |
|
|
for students with both serious visual and auditory impairments; |
|
|
(4) evaluate special education services provided for |
|
|
children with visual impairments by school districts and approve or |
|
|
disapprove state funding of those services; and |
|
|
(5) maintain an effective liaison between special |
|
|
education programs provided for children with visual impairments by |
|
|
school districts and related initiatives of the Health and Human |
|
|
Services Commission [Department of Assistive and Rehabilitative
|
|
|
Services Division for Blind Services], the Department of State |
|
|
Health Services Mental Health and Substance Abuse Division[, the
|
|
|
Texas School for the Blind and Visually Impaired], and other |
|
|
related programs, agencies, or facilities as appropriate. |
|
|
SECTION 1.21. Section 38.007(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) The board of trustees of a school district shall attempt |
|
|
to provide a safe alcohol-free environment to students coming to or |
|
|
going from school. The board of trustees shall [may] cooperate with |
|
|
local law enforcement officials and the Texas Alcoholic Beverage |
|
|
Commission in attempting to provide this environment and in |
|
|
enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage |
|
|
Code. Additionally, the board, if a majority of the area of a |
|
|
district is located in a municipality with a population of 900,000 |
|
|
or more, shall [may] petition the commissioners court of the county |
|
|
in which the district is located or the governing board of an |
|
|
incorporated city or town in which the district is located to adopt |
|
|
a 1,000-foot zone under Section 109.33, Alcoholic Beverage Code. |
|
|
SECTION 1.22. Subchapter A, Chapter 38, Education Code, is |
|
|
amended by adding Section 38.0101 to read as follows: |
|
|
Sec. 38.0101. AUTHORITY TO EMPLOY NONPHYSICIAN MENTAL |
|
|
HEALTH PROFESSIONAL. (a) A school district may employ a |
|
|
nonphysician mental health professional. |
|
|
(b) In this section, "nonphysician mental health |
|
|
professional" means: |
|
|
(1) a psychologist licensed to practice in this state |
|
|
and designated as a health-service provider; |
|
|
(2) a registered nurse with a master's or doctoral |
|
|
degree in psychiatric nursing; |
|
|
(3) a licensed clinical social worker; |
|
|
(4) a professional counselor licensed to practice in |
|
|
this state; or |
|
|
(5) a marriage and family therapist licensed to |
|
|
practice in this state. |
|
|
SECTION 1.23. Section 38.013(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) The agency shall make available to each school district |
|
|
one or more coordinated health programs [designed to prevent
|
|
|
obesity, cardiovascular disease, oral diseases, and Type 2
|
|
|
diabetes] in elementary school, middle school, and junior high |
|
|
school [students]. Each program must provide for coordinating: |
|
|
(1) physical health education, including programs |
|
|
designed to prevent obesity, cardiovascular disease, oral |
|
|
diseases, and Type 2 diabetes and programs designed to promote the |
|
|
role of proper nutrition [oral health education]; |
|
|
(2) mental health education, including education |
|
|
about suicide prevention; |
|
|
(3) substance abuse education, including education |
|
|
about alcohol abuse, prescription drug abuse, and abuse of other |
|
|
controlled substances; |
|
|
(4) physical education and physical activity; |
|
|
(5) [(3) nutrition services; and
|
|
|
[(4)] parental involvement; |
|
|
(6) activities to promote safe and supportive school |
|
|
climates and students' social and emotional wellness, including the |
|
|
use of trauma-informed practices; |
|
|
(7) employee wellness; and |
|
|
(8) community engagement and involvement. |
|
|
SECTION 1.24. Sections 38.016(a) and (c), Education Code, |
|
|
are amended to read as follows: |
|
|
(a) In this section: |
|
|
(1) "Nonphysician mental health professional" has the |
|
|
meaning assigned by Section 38.0101. |
|
|
(2) "Parent" includes a guardian or other person |
|
|
standing in parental relation. |
|
|
(3) [(2)] "Psychotropic drug" means a substance that |
|
|
is: |
|
|
(A) used in the diagnosis, treatment, or |
|
|
prevention of a disease or as a component of a medication; and |
|
|
(B) intended to have an altering effect on |
|
|
perception, emotion, or behavior. |
|
|
(c) Subsection (b) does not: |
|
|
(1) prevent an appropriate referral under the child |
|
|
find system required under 20 U.S.C. Section 1412, as amended; [or] |
|
|
(2) prohibit a school district employee who is a |
|
|
registered nurse, advanced nurse practitioner, physician, or |
|
|
nonphysician mental health professional [certified or
|
|
|
appropriately credentialed mental health professional] from |
|
|
recommending that a child be evaluated by a physician or |
|
|
nonphysician mental health professional [an appropriate medical
|
|
|
practitioner]; or |
|
|
(3) prohibit a school employee from discussing any |
|
|
aspect of a child's behavior or academic progress with the child's |
|
|
parent or another school district employee. |
|
|
SECTION 1.25. Section 38.051(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) On the recommendation of an advisory council |
|
|
established under Section 38.058 or on the initiative of the board |
|
|
of trustees, a school district may establish a school-based health |
|
|
center at one or more campuses in the district to meet the health |
|
|
care needs of students and their families. |
|
|
SECTION 1.26. Section 38.054, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 38.054. CATEGORIES OF SERVICES. (a) The permissible |
|
|
categories of services are: |
|
|
(1) family and home support; |
|
|
(2) physical health care, including immunizations; |
|
|
(3) dental health care; |
|
|
(4) health education; [and] |
|
|
(5) preventive health strategies; and |
|
|
(6) treatment for mental illness, a behavioral health |
|
|
disorder, or substance abuse. |
|
|
(b) In this section, "behavioral health disorder," "mental |
|
|
illness," and "substance abuse" have the meanings assigned by |
|
|
Section 11.183. |
|
|
SECTION 1.27. Section 38.057(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) If it is determined that a student is in need of a |
|
|
referral for physical health services or mental health services, |
|
|
the staff of the center shall notify the person whose consent is |
|
|
required under Section 38.053 verbally and in writing of the basis |
|
|
for the referral. The referral may not be provided unless the |
|
|
person provides written consent for the type of service to be |
|
|
provided and provides specific written consent for each treatment |
|
|
occasion or for a course of treatment that includes multiple |
|
|
treatment occasions of the same type of service. |
|
|
SECTION 1.28. Subchapter B, Chapter 38, Education Code, is |
|
|
amended by adding Section 38.0591 to read as follows: |
|
|
Sec. 38.0591. ACCESS TO MENTAL HEALTH SERVICES. The |
|
|
agency, in cooperation with the Health and Human Services |
|
|
Commission, shall develop guidelines for school districts |
|
|
regarding: |
|
|
(1) partnering with a local mental health authority |
|
|
and with community mental health services providers to increase |
|
|
student access to school-based integrated mental health services; |
|
|
and |
|
|
(2) obtaining school-based integrated mental health |
|
|
services through the medical assistance program under Chapter 32, |
|
|
Human Resources Code. |
|
|
SECTION 1.29. Section 38.060(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) The school district [council] shall keep a record of |
|
|
efforts made to coordinate with existing providers. |
|
|
SECTION 1.30. Subchapter O-1, Chapter 161, Health and |
|
|
Safety Code, is transferred to Chapter 38, Education Code, |
|
|
redesignated as Subchapter G, Chapter 38, Education Code, and |
|
|
amended to read as follows: |
|
|
SUBCHAPTER G [O-1]. MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH |
|
|
SUICIDE |
|
|
Sec. 38.301 [161.325]. MENTAL HEALTH PROMOTION AND |
|
|
INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND |
|
|
SUICIDE PREVENTION. (a) The agency [department], in coordination |
|
|
with the Health and Human Services Commission [Texas Education
|
|
|
Agency] and regional education service centers, shall provide and |
|
|
annually update a list of recommended best practice-based programs |
|
|
in the areas specified under Subsection (c) [(a-1)] for |
|
|
implementation in public elementary, junior high, middle, and high |
|
|
schools within the general education setting. The agency, the |
|
|
Health and Human Services Commission, and each regional education |
|
|
service center shall each publish the list on their Internet |
|
|
websites in an easily accessible, searchable, and user-friendly |
|
|
format. |
|
|
(b) Each school district may select from the list provided |
|
|
under Subsection (a) a program or programs appropriate for |
|
|
implementation in the district. |
|
|
(c) [(a-1)] The list provided under Subsection (a) must |
|
|
include programs in the following areas: |
|
|
(1) early mental health intervention; |
|
|
(2) mental health promotion [and positive youth
|
|
|
development]; |
|
|
(3) substance abuse prevention; |
|
|
(4) substance abuse intervention; [and] |
|
|
(5) suicide prevention; |
|
|
(6) grief-informed and trauma-informed practices; |
|
|
(7) social and emotional wellness and learning; |
|
|
(8) positive behavior supports and positive youth |
|
|
development; and |
|
|
(9) safe and supportive school climate. |
|
|
(d) [(a-2)
The department, the Texas Education Agency, and
|
|
|
each regional education service center shall make the list easily
|
|
|
accessible on their websites.
|
|
|
[(b)] The suicide prevention programs on the list provided |
|
|
under Subsection (a) must include components that provide for |
|
|
training counselors, teachers, nurses, administrators, and other |
|
|
staff, as well as law enforcement officers and social workers who |
|
|
regularly interact with students, to: |
|
|
(1) recognize students at risk of committing suicide, |
|
|
including students who are or may be the victims of or who engage in |
|
|
bullying; |
|
|
(2) recognize students displaying early warning signs |
|
|
and a possible need for early mental health or substance abuse |
|
|
intervention, which warning signs may include declining academic |
|
|
performance, depression, anxiety, isolation, unexplained changes |
|
|
in sleep or eating habits, and destructive behavior toward self and |
|
|
others; and |
|
|
(3) intervene effectively with students described by |
|
|
Subdivision (1) or (2) by providing notice and referral to a parent |
|
|
or guardian so appropriate action, such as seeking mental health or |
|
|
substance abuse services, may be taken by a parent or guardian. |
|
|
(e) [(c)] In developing the list of programs, the agency |
|
|
[department] and the Health and Human Services Commission [Texas
|
|
|
Education Agency] shall consider: |
|
|
(1) any existing suicide prevention method developed |
|
|
by a school district; and |
|
|
(2) any Internet or online course or program developed |
|
|
in this state or another state that is based on best practices |
|
|
recognized by the Substance Abuse and Mental Health Services |
|
|
Administration or the Suicide Prevention Resource Center. |
|
|
(f) [(c-1)] Except as otherwise provided by this |
|
|
subsection, each school district shall provide training described |
|
|
in the components set forth under Subsection (d) [(b)] for |
|
|
teachers, counselors, principals, and all other appropriate |
|
|
personnel. A school district is required to provide the training at |
|
|
an elementary school campus only to the extent that sufficient |
|
|
funding and programs are available. A school district may |
|
|
implement a program on the list to satisfy the requirements of this |
|
|
subsection. |
|
|
(g) [(c-2)] If a school district provides the training |
|
|
under Subsection (f) [(c-1)]: |
|
|
(1) a school district employee described under that |
|
|
subsection must participate in the training at least one time; and |
|
|
(2) the school district shall maintain records that |
|
|
include the name of each district employee who participated in the |
|
|
training. |
|
|
(h) [(d)] The board of trustees of each school district |
|
|
shall [may] adopt a policy concerning each area listed in |
|
|
Subsection (c), including mental health promotion and |
|
|
intervention, substance abuse prevention and intervention, and |
|
|
suicide prevention that: |
|
|
(1) establishes a procedure for providing notice of a |
|
|
recommendation for early mental health or substance abuse |
|
|
intervention regarding a student to a parent or guardian of the |
|
|
student within a reasonable amount of time after the identification |
|
|
of early warning signs as described by Subsection (d)(2) [(b)(2)]; |
|
|
(2) establishes a procedure for providing notice of a |
|
|
student identified as at risk of committing suicide to a parent or |
|
|
guardian of the student within a reasonable amount of time after the |
|
|
identification of early warning signs as described by Subsection |
|
|
(d)(2) [(b)(2)]; |
|
|
(3) establishes that the district may develop a |
|
|
reporting mechanism and may designate at least one person to act as |
|
|
a liaison officer in the district for the purposes of identifying |
|
|
students in need of early mental health or substance abuse |
|
|
intervention or suicide prevention; and |
|
|
(4) sets out available counseling alternatives for a |
|
|
parent or guardian to consider when their child is identified as |
|
|
possibly being in need of early mental health or substance abuse |
|
|
intervention or suicide prevention. |
|
|
(i) [(e)] The policy must prohibit the use without the prior |
|
|
consent of a student's parent or guardian of a medical screening of |
|
|
the student as part of the process of identifying whether the |
|
|
student is possibly in need of early mental health or substance |
|
|
abuse intervention or suicide prevention. |
|
|
(j) [(f)] The policy and any necessary procedures adopted |
|
|
under Subsection (h) [(d)] must be included in: |
|
|
(1) the annual student handbook; and |
|
|
(2) the district improvement plan under Section |
|
|
11.252[, Education Code]. |
|
|
(k) [(g)] The agency, the Health and Human Services |
|
|
Commission, and each regional education service center: |
|
|
(1) [department] may accept donations for purposes of |
|
|
this section from sources without a conflict of interest; and |
|
|
(2) [. The department] may not accept donations for |
|
|
purposes of this section from an anonymous source. |
|
|
(l) [(i)] Nothing in this section is intended to interfere |
|
|
with the rights of parents or guardians and the decision-making |
|
|
regarding the best interest of the child. Policy and procedures |
|
|
adopted in accordance with this section are intended to notify a |
|
|
parent or guardian of a need for mental health or substance abuse |
|
|
intervention so that a parent or guardian may take appropriate |
|
|
action. Nothing in this section shall be construed as giving school |
|
|
districts the authority to prescribe medications. Any and all |
|
|
medical decisions are to be made by a parent or guardian of a |
|
|
student. |
|
|
Sec. 38.302 [161.326]. IMMUNITY. This subchapter does not: |
|
|
(1) waive any immunity from liability of a school |
|
|
district or of district school officers or employees; |
|
|
(2) create any liability for a cause of action against |
|
|
a school district or against district school officers or employees; |
|
|
or |
|
|
(3) waive any immunity from liability under Section |
|
|
74.151, Civil Practice and Remedies Code. |
|
|
ARTICLE 2. CONFORMING AMENDMENTS |
|
|
SECTION 2.01. Section 74.151(e), Civil Practice and |
|
|
Remedies Code, is amended to read as follows: |
|
|
(e) Except as provided by this subsection, this section does |
|
|
not apply to a person whose negligent act or omission was a |
|
|
producing cause of the emergency for which care is being |
|
|
administered. This subsection does not apply to liability of a |
|
|
school district or district school officer or employee arising from |
|
|
an act or omission under a program or policy or procedure adopted |
|
|
under Subchapter G, Chapter 38, Education [O-1, Chapter 161, Health
|
|
|
and Safety] Code, other than liability arising from wilful or |
|
|
intentional misconduct. |
|
|
SECTION 2.02. Section 25.114(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) In implementing the curriculum for physical education |
|
|
under Section 28.002(a)(2)(D) [28.002(a)(2)(C)], each school |
|
|
district shall establish specific objectives and goals the district |
|
|
intends to accomplish through the curriculum, including, to the |
|
|
extent practicable, student/teacher ratios that are small enough to |
|
|
enable the district to: |
|
|
(1) carry out the purposes of and requirements for the |
|
|
physical education curriculum as provided under Section 28.002(d); |
|
|
and |
|
|
(2) ensure the safety of students participating in |
|
|
physical education. |
|
|
SECTION 2.03. Section 28.003(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) In this section, "educational program" means a course or |
|
|
series of courses in the required curriculum under Section 28.002, |
|
|
other than a fine arts course under Section 28.002(a)(2)(E) |
|
|
[28.002(a)(2)(D)] or a career and technology course under Section |
|
|
28.002(a)(2)(F) [28.002(a)(2)(E)]. |
|
|
SECTION 2.04. Section 28.025(b-1), Education Code, is |
|
|
amended to read as follows: |
|
|
(b-1) The State Board of Education by rule shall require |
|
|
that the curriculum requirements for the foundation high school |
|
|
program under Subsection (a) include a requirement that students |
|
|
successfully complete: |
|
|
(1) four credits in English language arts under |
|
|
Section 28.002(a)(1)(A), including one credit in English I, one |
|
|
credit in English II, one credit in English III, and one credit in |
|
|
an advanced English course authorized under Subsection (b-2); |
|
|
(2) three credits in mathematics under Section |
|
|
28.002(a)(1)(B), including one credit in Algebra I, one credit in |
|
|
geometry, and one credit in any advanced mathematics course |
|
|
authorized under Subsection (b-2); |
|
|
(3) three credits in science under Section |
|
|
28.002(a)(1)(C), including one credit in biology, one credit in any |
|
|
advanced science course authorized under Subsection (b-2), and one |
|
|
credit in integrated physics and chemistry or in an additional |
|
|
advanced science course authorized under Subsection (b-2); |
|
|
(4) three credits in social studies under Section |
|
|
28.002(a)(1)(D), including one credit in United States history, at |
|
|
least one-half credit in government and at least one-half credit in |
|
|
economics, and one credit in world geography or world history; |
|
|
(5) except as provided under Subsections (b-12), |
|
|
(b-13), and (b-14), two credits in the same language in a language |
|
|
other than English under Section 28.002(a)(2)(A); |
|
|
(6) five elective credits; |
|
|
(7) one credit in fine arts under Section |
|
|
28.002(a)(2)(E) [28.002(a)(2)(D)]; and |
|
|
(8) except as provided by Subsection (b-11), one |
|
|
credit in physical education under Section 28.002(a)(2)(D) |
|
|
[28.002(a)(2)(C)]. |
|
|
SECTION 2.05. Section 38.0141, Education Code, is amended |
|
|
to read as follows: |
|
|
Sec. 38.0141. REPORTING OF CERTAIN HEALTH AND SAFETY |
|
|
INFORMATION REQUIRED. Each school district shall provide to the |
|
|
agency information as required by the commissioner, including |
|
|
statistics and data, relating to student health and physical |
|
|
activity and information described by Sections 28.004(k)(2), (3), |
|
|
and (4) [Section 28.004(k),] presented in a form determined by the |
|
|
commissioner. The district shall provide the information required |
|
|
by this section for the district and for each campus in the |
|
|
district. |
|
|
SECTION 2.06. Section 38.101(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) Except as provided by Subsection (b), a school district |
|
|
annually shall assess the physical fitness of students enrolled in |
|
|
grade three or higher in a course that satisfies the curriculum |
|
|
requirements for physical education under Section 28.002(a)(2)(D) |
|
|
[28.002(a)(2)(C)]. |
|
|
SECTION 2.07. Section 130.008(c), Education Code, is |
|
|
amended to read as follows: |
|
|
(c) The contact hours attributable to the enrollment of a |
|
|
high school student in a course offered for joint high school and |
|
|
junior college credit under this section, excluding a course for |
|
|
which the student attending high school may receive course credit |
|
|
toward the physical education curriculum requirement under Section |
|
|
28.002(a)(2)(D) [28.002(a)(2)(C)], shall be included in the |
|
|
contact hours used to determine the junior college's proportionate |
|
|
share of the state money appropriated and distributed to public |
|
|
junior colleges under Sections 130.003 and 130.0031, even if the |
|
|
junior college waives all or part of the tuition or fees for the |
|
|
student under Subsection (b). |
|
|
ARTICLE 3. REPEALER; EFFECTIVE DATE |
|
|
SECTION 3.01. Section 28.002(w), Education Code, is |
|
|
repealed. |
|
|
SECTION 3.02. This Act takes effect September 1, 2017. |