85R8595 GCB-D
 
  By: Lucio S.B. No. 1689
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to confidential mental health screenings for students in
  public primary and secondary schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 12, Health and Safety
  Code, is amended by adding Section 12.022 to read as follows:
         Sec. 12.022.  CONFIDENTIAL MENTAL HEALTH SCREENINGS IN
  PUBLIC SCHOOLS. (a) In this section, "agency" means the Texas
  Education Agency.
         (b)  The department shall collaborate with the agency to
  develop a plan for providing confidential mental health screenings
  to students enrolled in public primary and secondary schools for
  the purpose of identifying students who face mental health
  challenges or show warning signs of mental illness.
         (c)  In developing the plan under Subsection (b), the
  department and the agency:
               (1)  may consult with and seek assistance from the
  Texas Medical Association, state psychiatric organizations, and,
  as appropriate, other medical health and mental health
  professionals and organizations; and
               (2)  shall determine whether:
                     (A)  school districts employ persons who are
  trained or otherwise qualified to conduct confidential mental
  health screenings;
                     (B)  each regional education service center has
  the capacity for providing assistance in conducting confidential
  mental health screenings at school districts; and
                     (C)  any additional resources are available for
  implementing confidential mental health screenings at school
  districts.
         (d)  After developing the plan under Subsection (b), the
  department and the agency shall provide confidential mental health
  screenings to as many students enrolled in public primary and
  secondary schools as practicable, using resources identified by the
  department and the agency as available for that purpose.
         (e)  The consent of a parent or guardian of a student must be
  obtained before a student receives a confidential mental health
  screening under this section.
         (f)  The department and the agency may solicit grants or
  charitable donations to provide confidential mental health
  screenings for students from low-income households.
         (g)  Based on the implementation of the plan under Subsection
  (d), the department and the agency shall develop a framework for
  providing assistance and education to students whose confidential
  mental health screenings indicate mental health challenges or
  warning signs of mental illness.
         (h)  For a student whose confidential mental health
  screening indicates mental health challenges that are not severe,
  the entity conducting the confidential mental health screenings may
  provide to the student an individual plan for overcoming mental
  health challenges.
         (i)  For a student whose confidential mental health
  screening indicates severe mental health challenges or warning
  signs of mental illness, the entity conducting the confidential
  mental health screenings shall provide notice to the parent or
  guardian of the student containing information about:
               (1)  requesting a full individual and initial
  evaluation of a student for purposes of special education services
  under Section 29.004, Education Code; and
               (2)  other available treatment resources for the
  student, including evaluation by an appropriate medical
  practitioner.
         (j)  Not later than November 1, 2018, the department and the
  agency jointly shall produce and submit a report to the lieutenant
  governor, the speaker of the house of representatives, and each
  legislative standing committee with jurisdiction over public and
  primary education or mental health services. The report must
  contain:
               (1)  a description of the plan developed under
  Subsection (b);
               (2)  the results of the determinations made under
  Subsection (c)(2);
               (3)  an analysis of the results of the confidential
  mental health screenings conducted under this section; and
               (4)  recommendations for:
                     (A)  assisting students with overcoming mental
  health challenges; and
                     (B)  legislative or other state action necessary
  to:
                           (i)  provide mental health education to
  students; and
                           (ii)  build state capacity for providing
  mental health services to students.
         (k)  This section expires September 1, 2019.
         SECTION 2.  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, 2017.