reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.2091. Report on Administering Medication for Respiratory Distress

Sec. 38.2091.  REPORT ON ADMINISTERING MEDICATION FOR RESPIRATORY DISTRESS.  (a)  Not later than the 10th business day after the date a school personnel member or school volunteer administers medication for respiratory distress to a person experiencing respiratory distress in accordance with a policy adopted under Section 38.208(a-1), the school shall report the information required under Subsection (b) to:
(1)  the school district, the charter holder if the school is an open-enrollment charter school, or the governing body of the school if the school is a private school;
(2)  the physician or other person who prescribed the medication for respiratory distress; and
(3)  the commissioner of state health services.
(b)  The report required under this section must include:
(1)  the age of the person who received the administration of the medication for respiratory distress;
(2)  whether the person who received the administration of the medication for respiratory distress was a student, a school personnel member or school volunteer, or a visitor;
(3)  the dosage of the medication for respiratory distress administered;
(4)  the title of the person who administered the medication for respiratory distress; and
(5)  any other information required by the commissioner of education.
Added by Acts 2023, 88th Leg., R.S., Ch. 194 (S.B. 294), Sec. 7, eff. May 24, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.210. Training

Sec. 38.210.  TRAINING.  (a)  Each school district, open-enrollment charter school, and private school that adopts a policy under Section 38.208(a) is responsible for training school personnel and school volunteers in the administration of an epinephrine auto-injector.  The training must include information on:
(1)  recognizing the signs and symptoms of anaphylaxis;
(2)  administering an epinephrine auto-injector;
(3)  implementing emergency procedures, if necessary, after administering an epinephrine auto-injector; and
(4)  properly disposing of used or expired epinephrine auto-injectors.
(a-1)  Each school district, open-enrollment charter school, and private school that adopts a policy under Section 38.208(a-1) is responsible for training school personnel and school volunteers in the administration of medication for respiratory distress.  The training must include information on:
(1)  recognizing the signs and symptoms of respiratory distress;
(2)  administering medication for respiratory distress;
(3)  implementing emergency procedures, if necessary, after administering medication for respiratory distress; and
(4)  proper sanitization, reuse, and disposal of medication for respiratory distress.
(b)  Training required under this section must be provided:
(1)  in a formal training session or through online education; and
(2)  in accordance with the policy adopted under Section 21.4515.
(c)  Each school district, open-enrollment charter school, and private school shall maintain records on the training required under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 5, eff. May 22, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 20, eff. June 18, 2021.
Acts 2023, 88th Leg., R.S., Ch. 194 (S.B. 294), Sec. 8, eff. May 24, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.211. Prescription of Epinephrine Auto-Injectors and Medication for Respiratory Distress

Sec. 38.211.  PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS AND MEDICATION FOR RESPIRATORY DISTRESS.  (a)  A physician or person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe epinephrine auto-injectors or medication for respiratory distress in the name of a school district, open-enrollment charter school, or private school.
(b)  A physician or other person who prescribes epinephrine auto-injectors or medication for respiratory distress under Subsection (a) shall provide the school district, open-enrollment charter school, or private school with a standing order for the administration of, as applicable:
(1)  an epinephrine auto-injector to a person reasonably believed to be experiencing anaphylaxis; or
(2)  medication for respiratory distress to a person reasonably believed to be experiencing respiratory distress.
(c)  The standing order under Subsection (b) is not required to be patient-specific, and the epinephrine auto-injector or medication for respiratory distress may be administered to a person without a previously established physician-patient relationship.
(d)  Notwithstanding any other provisions of law, supervision or delegation by a physician is considered adequate if the physician:
(1)  periodically reviews the order; and
(2)  is available through direct telecommunication as needed for consultation, assistance, and direction.
(e)  An order issued under this section must contain:
(1)  the name and signature of the prescribing physician or other person;
(2)  the name of the school district, open-enrollment charter school, or private school to which the order is issued;
(3)  as applicable, the quantity of epinephrine auto-injectors or the quantity and types of medications for respiratory distress to be obtained and maintained under the order; and
(4)  the date of issue.
(f)  A pharmacist may dispense an epinephrine auto-injector or medication for respiratory distress to a school district, open-enrollment charter school, or private school without requiring the name or any other identifying information relating to the user.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 6, eff. May 22, 2017.
Acts 2019, 86th Leg., R.S., Ch. 192 (H.B. 2243), Sec. 5, eff. May 24, 2019.
Acts 2023, 88th Leg., R.S., Ch. 194 (S.B. 294), Sec. 9, eff. May 24, 2023.
Acts 2023, 88th Leg., R.S., Ch. 194 (S.B. 294), Sec. 10, eff. May 24, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.212. Notice to Parents

Sec. 38.212.  NOTICE TO PARENTS.  (a)  If a school district, open-enrollment charter school, or private school implements a policy under this subchapter, the district or school shall provide written notice of the policy to a parent or guardian of each student enrolled in the district or school.
(b)  Notice required under Subsection (a) must be provided before a policy is implemented by the district or school under this subchapter and before the start of each school year.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 7, eff. May 22, 2017.
Acts 2019, 86th Leg., R.S., Ch. 192 (H.B. 2243), Sec. 6, eff. May 24, 2019.
Acts 2023, 88th Leg., R.S., Ch. 194 (S.B. 294), Sec. 11, eff. May 24, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.213. Gifts, Grants, and Donations

Sec. 38.213.  GIFTS, GRANTS, AND DONATIONS.  A school district, open-enrollment charter school, or private school may accept gifts, grants, donations, and federal and local funds to implement this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 8, eff. May 22, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.214. Rules

Sec. 38.214.  RULES.  Except as otherwise provided by this subchapter, the commissioner of education and the executive commissioner of the Health and Human Services Commission shall jointly adopt rules necessary to implement this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 9, eff. May 22, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.215. Immunity From Liability

Sec. 38.215.  IMMUNITY FROM LIABILITY.  (a)  A person who in good faith takes, or fails to take, any action under this subchapter is immune from civil or criminal liability or disciplinary action resulting from that action or failure to act, including:
(1)  issuing an order for epinephrine auto-injectors or medication for respiratory distress;
(2)  supervising or delegating the administration of an epinephrine auto-injector or medication for respiratory distress;
(3)  possessing, maintaining, storing, or disposing of an epinephrine auto-injector or medication for respiratory distress;
(4)  prescribing an epinephrine auto-injector or medication for respiratory distress;
(5)  dispensing:
(A)  an epinephrine auto-injector; or
(B)  medication for respiratory distress;
(6)  administering, or assisting in administering, an epinephrine auto-injector or medication for respiratory distress;
(7)  providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, rules, or plans; or
(8)  undertaking any other act permitted or required under this subchapter.
(b)  The immunities and protections provided by this subchapter are in addition to other immunities or limitations of liability provided by law.
(c)  Notwithstanding any other law, this subchapter does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act or omission under this subchapter.
(d)  A cause of action does not arise from an act or omission described by this section.
(e)  A school district, open-enrollment charter school, or private school and school personnel and school volunteers are immune from suit resulting from an act, or failure to act, under this subchapter, including an act or failure to act under related policies and procedures.
(f)  An act or failure to act by school personnel or a school volunteer under this subchapter, including an act or failure to act under related policies and procedures, is the exercise of judgment or discretion on the part of the school personnel or school volunteer and is not considered to be a ministerial act for purposes of liability of the school district or open-enrollment charter school.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 10, eff. May 22, 2017.
Acts 2019, 86th Leg., R.S., Ch. 192 (H.B. 2243), Sec. 7, eff. May 24, 2019.
Acts 2023, 88th Leg., R.S., Ch. 194 (S.B. 294), Sec. 12, eff. May 24, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. -1. Maintenance, Administration, and Disposal of Opioid Antagonists › Section 38.221. Definitions

Sec. 38.221.  DEFINITIONS.  In this subchapter:
(1)  "Opioid antagonist" and "opioid-related drug overdose" have the meanings assigned by Section 483.101, Health and Safety Code.
(2)  "Physician" means a person who holds a license to practice medicine in this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 1080 (S.B. 629), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. -1. Maintenance, Administration, and Disposal of Opioid Antagonists › Section 38.222. Maintenance, Administration, and Disposal of Opioid Antagonists

Sec. 38.222.  MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF OPIOID ANTAGONISTS.  (a)  Each school district shall adopt and implement a policy regarding the maintenance, administration, and disposal of opioid antagonists at each campus in the district that serves students in grades 6 through 12 and may adopt and implement such a policy at each campus in the district, including campuses serving students in a grade level below grade 6.
(b)  An open-enrollment charter school or private school may adopt and implement a policy regarding the maintenance, administration, and disposal of opioid antagonists.  If a school adopts a policy under this subsection, the school may apply the policy:
(1)  only at campuses of the school serving students in grades 6 through 12; or
(2)  at each campus of the school, including campuses serving students in a grade level below grade 6.
(c)  A policy adopted under this section must:
(1)  provide that school personnel and school volunteers who are authorized and trained may administer an opioid antagonist to a person who is reasonably believed to be experiencing an opioid-related drug overdose;
(2)  require that each school campus subject to a policy adopted under this section have one or more school personnel members or school volunteers authorized and trained to administer an opioid antagonist present during regular school hours;
(3)  establish the number of opioid antagonists that must be available at each campus at any given time; and
(4)  require that the supply of opioid antagonists at each school campus subject to a policy adopted under this section must be stored in a secure location and be easily accessible to school personnel and school volunteers authorized and trained to administer an opioid antagonist.
(d)  The executive commissioner of the Health and Human Services Commission, in consultation with the commissioner of education, shall adopt rules regarding the maintenance, administration, and disposal of opioid antagonists at a school campus subject to a policy adopted under this section.  The rules must establish:
(1)  the process for checking the inventory of opioid antagonists at regular intervals for expiration and replacement; and
(2)  the amount of training required for school personnel and school volunteers to administer an opioid antagonist.
Added by Acts 2023, 88th Leg., R.S., Ch. 1080 (S.B. 629), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. -1. Maintenance, Administration, and Disposal of Opioid Antagonists › Section 38.223. Report on Administering Opioid Antagonist

Sec. 38.223.  REPORT ON ADMINISTERING OPIOID ANTAGONIST.  (a)  Not later than the 10th business day after the date a school personnel member or school volunteer administers an opioid antagonist in accordance with a policy adopted under Section 38.222(a) or (b), the school shall report the information required under Subsection (b) of this section to:
(1)  the school district, the charter holder if the school is an open-enrollment charter school, or the governing body of the school if the school is a private school;
(2)  the physician or other person who prescribed the opioid antagonist; and
(3)  the commissioner of state health services.
(b)  The report required under this section must include the following information:
(1)  the age of the person who received the administration of the opioid antagonist;
(2)  whether the person who received the administration of the opioid antagonist was a student, a school personnel member or school volunteer, or a visitor;
(3)  the physical location where the opioid antagonist was administered;
(4)  the number of doses of opioid antagonist administered;
(5)  the title of the person who administered the opioid antagonist; and
(6)  any other information required by the commissioner of education.
Added by Acts 2023, 88th Leg., R.S., Ch. 1080 (S.B. 629), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. -1. Maintenance, Administration, and Disposal of Opioid Antagonists › Section 38.224. Training

Sec. 38.224.  TRAINING.  (a)  Each school district, open-enrollment charter school, and private school that adopts a policy under Section 38.222(a) or (b) is responsible for training school personnel and school volunteers in the administration of an opioid antagonist.
(b)  Training required under this section must:
(1)  include information on:
(A)  recognizing the signs and symptoms of an opioid-related drug overdose;
(B)  administering an opioid antagonist;
(C)  implementing emergency procedures, if necessary, after administering an opioid antagonist; and
(D)  properly disposing of used or expired opioid antagonists;
(2)  be provided in a formal training session or through online education; and
(3)  be provided in accordance with the policy adopted under Section 21.4515.
(c)  Each school district, open-enrollment charter school, or private school that adopts a policy under Section 38.222(a) or (b) must maintain records on the training required under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 1080 (S.B. 629), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. -1. Maintenance, Administration, and Disposal of Opioid Antagonists › Section 38.225. Prescription of Opioid Antagonists

Sec. 38.225.  PRESCRIPTION OF OPIOID ANTAGONISTS.  (a)  A physician or person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe opioid antagonists in the name of a school district, open-enrollment charter school, or private school.
(b)  A physician or other person who prescribes opioid antagonists under Subsection (a) shall provide the school district, open-enrollment charter school, or private school with a standing order for the administration of an opioid antagonist to a person reasonably believed to be experiencing an opioid-related drug overdose.
(c)  The standing order under Subsection (b) is not required to be patient-specific, and the opioid antagonist may be administered to a person without a previously established physician-patient relationship.
(d)  Notwithstanding any other provisions of law, supervision or delegation by a physician is considered adequate if the physician:
(1)  periodically reviews the order; and
(2)  is available through direct telecommunication as needed for consultation, assistance, and direction.
(e)  An order issued under this section must contain:
(1)  the name and signature of the prescribing physician or other person;
(2)  the name of the school district, open-enrollment charter school, or private school to which the order is issued;
(3)  the quantity of opioid antagonists to be obtained and maintained under the order; and
(4)  the date of issue.
(f)  A pharmacist may dispense an opioid antagonist to a school district, open-enrollment charter school, or private school without requiring the name or any other identifying information relating to the user.
Added by Acts 2023, 88th Leg., R.S., Ch. 1080 (S.B. 629), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. -1. Maintenance, Administration, and Disposal of Opioid Antagonists › Section 38.226. Gifts, Grants, and Donations

Sec. 38.226.  GIFTS, GRANTS, AND DONATIONS. A school district, open-enrollment charter school, or private school may accept gifts, grants, donations, and federal and local funds to implement this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1080 (S.B. 629), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. -1. Maintenance, Administration, and Disposal of Opioid Antagonists › Section 38.227. Immunity From Liability

Sec. 38.227.  IMMUNITY FROM LIABILITY.  (a)  A person who in good faith takes, or fails to take, any action under this subchapter is immune from civil or criminal liability or disciplinary action resulting from that action or failure to act, including:
(1)  issuing an order for opioid antagonists;
(2)  supervising or delegating the administration of an opioid antagonist;
(3)  possessing, maintaining, storing, or disposing of an opioid antagonist;
(4)  prescribing an opioid antagonist;
(5)  dispensing an opioid antagonist;
(6)  administering, or assisting in administering, an opioid antagonist;
(7)  providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, rules, or plans; or
(8)  undertaking any other act permitted or required under this subchapter.
(b)  The immunities and protections provided by this subchapter are in addition to other immunities or limitations of liability provided by law.
(c)  Notwithstanding any other law, this subchapter does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act or omission under this subchapter.
(d)  A cause of action does not arise from an act or omission described by this section.
(e)  A school district, open-enrollment charter school, or private school and school personnel and school volunteers are immune from suit resulting from an act, or failure to act, under this subchapter, including an act or failure to act under related policies and procedures.
(f)  An act or failure to act by school personnel or a school volunteer under this subchapter, including an act or failure to act under related policies and procedures, is the exercise of judgment or discretion on the part of the school personnel or school volunteer and is not considered to be a ministerial act for purposes of liability of the school district, open-enrollment charter school, or private school.
Added by Acts 2023, 88th Leg., R.S., Ch. 1080 (S.B. 629), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. -1. Maintenance, Administration, and Disposal of Opioid Antagonists › Section 38.228. Rules

Sec. 38.228.  RULES.  Except as otherwise provided by this subchapter, the commissioner of education and the executive commissioner of the Health and Human Services Commission shall jointly adopt rules necessary to implement this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1080 (S.B. 629), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. Mental Health Resources › Section 38.251. Rubric to Identify Resources

Sec. 38.251.  RUBRIC TO IDENTIFY RESOURCES.  (a)  The agency shall develop a rubric for use by regional education service centers in identifying resources related to student mental health that are available to schools in their respective regions.  The agency shall develop the rubric in conjunction with:
(1)  the Health and Human Services Commission;
(2)  the Department of Family and Protective Services;
(3)  the Texas Juvenile Justice Department;
(4)  the Texas Higher Education Coordinating Board;
(5)  the Texas Child Mental Health Care Consortium;
(6)  the Texas Workforce Commission; and
(7)  any other state agency the agency considers appropriate.
(b)  The rubric developed by the agency must provide for the identification of resources relating to:
(1)  training and technical assistance on practices that support the mental health of students;
(2)  school-based programs that provide prevention or intervention services to students;
(3)  community-based programs that provide school-based or school-connected prevention or intervention services to students;
(4)  Communities In Schools programs described by Subchapter E, Chapter 33;
(5)  school-based mental health providers; and
(6)  public and private funding sources available to address the mental health of students.
(c)  Not later than December 1 of each odd-numbered year, the agency shall revise the rubric as necessary to reflect changes in resources that may be available to schools and provide the rubric to each regional education service center.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. Mental Health Resources › Section 38.252. Regional Inventory of Mental Health Resources

Sec. 38.252.  REGIONAL INVENTORY OF MENTAL HEALTH RESOURCES.  (a)  Each regional education service center shall use the rubric developed under Section 38.251 to identify resources related to student mental health available to schools in the center's region, including evidence-based and promising programs and best practices, that:
(1)  create school environments that support the social, emotional, and academic development of students;
(2)  identify students who may need additional behavioral or mental health support before issues arise;
(3)  provide early, effective interventions to students in need of additional support;
(4)  connect students and their families to specialized services in the school or community when needed; and
(5)  assist schools in aligning resources necessary to address the mental health of students.
(b)  A regional education service center may consult with any entity the center considers necessary in identifying resources under Subsection (a), including:
(1)  school districts;
(2)  local mental health authorities;
(3)  community mental health services providers;
(4)  education groups;
(5)  hospitals; and
(6)  institutions of higher education.
(c)  Not later than March 1 of each even-numbered year, each regional education service center shall:
(1)  use the revised rubric received from the agency under Section 38.251 to identify, in the manner provided by this section, any additional resources that may be available to schools in the center's region; and
(2)  submit to the agency a report on resources identified through the process, including any additional resources identified under Subdivision (1).
(c-1)  Not later than March 1 of each even-numbered year, each regional education service center shall provide to the Collaborative Task Force on Public School Mental Health Services established under Section 38.302 an electronic copy of the report submitted to the agency under Subsection (c)(2). This subsection expires December 1, 2025.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 692 (H.B. 2287), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. Mental Health Resources › Section 38.253. Statewide Inventory of Mental Health Resources

Sec. 38.253.  STATEWIDE INVENTORY OF MENTAL HEALTH RESOURCES.  (a)  The agency shall develop a list of statewide resources available to school districts to address the mental health of students, including:
(1)  training and technical assistance on practices that support the mental health of students;
(2)  school-based programs that provide prevention or intervention services to students;
(3)  community-based programs that provide school-based or school-connected prevention or intervention services to students;
(4)  school-based mental health providers; and
(5)  public and private funding sources available to address the mental health of students.
(b)  In developing the list required under Subsection (a), the agency shall collaborate with:
(1)  the Health and Human Services Commission;
(2)  the Department of Family and Protective Services;
(3)  the Texas Juvenile Justice Department;
(4)  the Texas Higher Education Coordinating Board;
(5)  the Texas Child Mental Health Care Consortium;
(6)  the Texas Workforce Commission;
(7)  one or more representatives of Communities In Schools programs described by Subchapter E, Chapter 33, who are designated by the Communities In Schools State Office;
(8)  hospitals or other health care providers;
(9)  community service providers;
(10)  parent, educator, and advocacy groups; and
(11)  any entity the agency determines can assist the agency in compiling the list.
(c)  The agency shall include on the list any resource available through an entity identified as a resource under Subsection (b), including an entity described by Subsection (b), that provides evidence-based and promising programs and best practices that:
(1)  create school environments that support the social, emotional, and academic development of students;
(2)  identify students who may need additional behavioral or mental health support before issues arise;
(3)  provide early, effective interventions to students in need of additional support; and
(4)  connect students and their families to specialized services in the school or community when needed.
(d)  The agency shall revise the list not later than March 1 of each even-numbered year.
(e)  The agency shall provide an electronic copy of the list developed under Subsection (a) to the Collaborative Task Force on Public School Mental Health Services established under Section 38.302 as soon as practicable after the list is developed or revised. This subsection expires December 1, 2025.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 692 (H.B. 2287), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. Mental Health Resources › Section 38.254. Statewide Plan for Student Mental Health

Sec. 38.254.  STATEWIDE PLAN FOR STUDENT MENTAL HEALTH.  (a)  The agency shall develop a statewide plan to ensure all students have access to adequate mental health resources.  The agency shall include in the plan:
(1)  a description of any revisions made to the rubric required by Section 38.251;
(2)  the results of the most recent regional inventory of mental health resources required by Section 38.252, including any additional resources identified;
(3)  the results of the most recent statewide inventory of mental health resources required by Section 38.253, including any additional resources identified;
(4)  the agency's goals for student mental health access to be applied across the state, including goals relating to:
(A)  methods to objectively measure positive school climate;
(B)  increasing the availability of early, effective school-based or school-connected mental health interventions and resources for students in need of additional support; and
(C)  increasing the availability of referrals for students and families to specialized services for students in need of additional support outside the school;
(5)  a list of actions the commissioner may take without legislative action to help all districts reach the agency's goals described by the plan; and
(6)  recommendations to the legislature on methods to ensure that all districts can meet the agency's goals described in the plan through legislative appropriations or other action by the legislature.
(b)  In developing the agency's goals under Subsection (a)(4), the agency shall consult with any person the agency believes is necessary to the development of the goals, including:
(1)  educators;
(2)  mental health practitioners;
(3)  advocacy groups; and
(4)  parents.
(c)  The agency shall revise the plan not later than April 1 of each even-numbered year.
(d)  As soon as practicable after completing or revising the plan, the agency shall:
(1)  submit an electronic copy of the plan to the legislature;
(2)  post the plan on the agency's Internet website; and
(3)  hold public meetings in each regional education service center's region to present the statewide plan and shall provide an opportunity for public comment at each meeting.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. Mental Health Resources › Section 38.255. Agency Use of Statewide Plan

Sec. 38.255.  AGENCY USE OF STATEWIDE PLAN.  (a)  The agency shall use the statewide plan for student mental health required by Section 38.254 to develop and revise the agency's long-term strategic plan.
(b)  The agency shall use the recommendations to the legislature required by Section 38.254(a)(6) to develop each agency legislative appropriations request.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. Mental Health Resources › Section 38.256. Reports to Legislature

Sec. 38.256.  REPORTS TO LEGISLATURE.  In addition to any other information required to be provided to the legislature under this chapter, not later than November 1 of each even-numbered year the agency shall provide to the legislature:
(1)  a description of any changes the agency has made to the rubric required by Section 38.251; and
(2)  an analysis of each region's progress toward meeting the agency's goals developed under Section 38.254.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.301. Definitions

Sec. 38.301.  DEFINITIONS.  In this subchapter:
(1)  "Institution of higher education" has the meaning assigned by Section 61.003.
(2)  "Task force" means the Collaborative Task Force on Public School Mental Health Services.
Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.302. Establishment

Sec. 38.302.  ESTABLISHMENT.  The Collaborative Task Force on Public School Mental Health Services is established to study and evaluate:
(1)  mental health services that are funded by this state and provided at a school district or open-enrollment charter school directly to:
(A)  a student enrolled in the district or school;
(B)  a parent or family member of or person standing in parental relation to a student enrolled in the district or school; or
(C)  an employee of the district or school;
(2)  training provided to an educator employed by the district or school to provide the mental health services described by Subdivision (1); and
(3)  the impact the mental health services described by Subdivision (1) have on:
(A)  the number of violent incidents that occur at school districts or open-enrollment charter schools;
(B)  the suicide rate of the individuals who are provided the mental health services described by Subdivision (1);
(C)  the number of public school students referred to the Department of Family and Protective Services for investigation services and the reasons for those referrals;
(D)  the number of individuals who are transported from each school district or open-enrollment charter school for an emergency detention under Chapter 573, Health and Safety Code; and
(E)  the number of public school students referred to outside counselors in accordance with Section 38.010.
Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.303. Membership

Sec. 38.303.  MEMBERSHIP.  (a)  The task force is composed of:
(1)  the commissioner or the commissioner's designee;
(2)  the following additional members appointed by the commissioner:
(A)  three parents of students who are enrolled in school districts or open-enrollment charter schools and receive the mental health services described by Section 38.302(1);
(B)  one person who provides the mental health services described by Section 38.302(1) or the training described by Section 38.302(2) and who is:
(i)  a licensed professional counselor, as defined by Section 503.002, Occupations Code;
(ii)  a licensed clinical social worker, as defined by Section 505.002, Occupations Code; or
(iii)  a school counselor certified under Subchapter B, Chapter 21;
(C)  one person who is a psychiatrist;
(D)  two persons who are administrators of districts or schools that provide the mental health services described by Section 38.302(1) or the training described by Section 38.302(2);
(E)  one person who is a member of a foundation that invests in the mental health services described by Section 38.302(1) or the training described by Section 38.302(2);
(F)  one person who is an employee of an institution of higher education designated under Section 38.307; and
(G)  one person who is a licensed specialist in school psychology, as defined by Section 501.002, Occupations Code; and
(3)  for any other entity the task force considers necessary, one person appointed by the task force for each such entity.
(b)  Appointments to the task force shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
(c)  Chapter 2110, Government Code, does not apply to the task force.
Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.304. Officers

Sec. 38.304.  OFFICERS.  (a)  The commissioner is designated as the interim presiding officer for purposes of calling and conducting the initial meeting of the task force.
(b)  The task force:
(1)  shall at its initial meeting select a presiding officer from among its members for the purpose of calling and conducting meetings; and
(2)  may select an assistant presiding officer and a secretary from among its members.
Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.305. Compensation; Reimbursement

Sec. 38.305.  COMPENSATION; REIMBURSEMENT.  A member of the task force may not receive compensation or reimbursement for service on the task force.
Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.306. Meetings

Sec. 38.306.  MEETINGS.  (a)  After its initial meeting, the task force shall meet at least twice each year at a time and place determined by the presiding officer.
(b)  The task force may meet at other times the task force considers appropriate.  The presiding officer may call a meeting on the officer's own motion.
(c)  The task force may meet by teleconference.
Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.307. Support Services for Task Force

Sec. 38.307.  SUPPORT SERVICES FOR TASK FORCE.  (a)  The commissioner shall designate one institution of higher education with experience in evaluating mental health services to serve as the lead institution for the task force.  The institution designated under this subsection shall provide faculty, staff, and administrative support services to the task force as determined necessary by the task force to administer this subchapter.
(b)  The commissioner shall designate two institutions of higher education with experience in evaluating mental health services to assist the task force and the lead institution designated under Subsection (a) as determined necessary by the task force to administer this subchapter.
(c)  In making a designation under this section, the commissioner shall give preference to at least one predominantly black institution, as defined by 20 U.S.C. Section 1067q(c)(9).
(d)  On request of the task force, the agency, a school district, or an open-enrollment charter school shall provide information or other assistance to the task force.
(e)  The agency shall maintain the data collected by the task force and the work product of the task force in accordance with:
(1)  the agency's information security plan under Section 2054.133, Government Code; and
(2)  the agency's records retention schedule under Section 441.185, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.3071. Request for and Disclosure of Information

Sec. 38.3071.  REQUEST FOR AND DISCLOSURE OF INFORMATION.  (a)  To assist the task force in performing duties under this subchapter, the task force, or the agency on behalf of the task force, may request data from or consult with the following entities:
(1)  school districts;
(2)  open-enrollment charter schools;
(3)  regional education service centers;
(4)  local mental health authorities; and
(5)  other entities that possess information relevant to the task force's duties under Section 38.308.
(b)  In requesting data or consulting with entities under Subsection (a), the task force and agency:
(1)  may not disclose a student's medical or educational information; and
(2)  must ensure any request or consultation complies with privacy and confidentiality of student information as required by Section 38.309.
(c)  Not later than the 60th business day after the date on which an entity receives a request for data from the task force or agency under Subsection (a), the entity shall provide the requested data to the task force or agency. An entity that provides data under this subsection:
(1)  may not include personally identifying information of an individual receiving a mental health service, including the individual's name or birthday; and
(2)  may provide the data without seeking the prior authorization of an individual included in the data or of the individual's parent or guardian, if the individual is a minor.
(d)  A person that discloses data to the task force or agency in accordance with this section is immune from civil or criminal liability for, and may not be subject to an administrative penalty in connection with, that disclosure.
Added by Acts 2021, 87th Leg., R.S., Ch. 692 (H.B. 2287), Sec. 4, eff. September 1, 2021.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.309. Privacy of Information

Sec. 38.309.  PRIVACY OF INFORMATION.  The task force shall ensure that data gathered, information studied, and evaluations conducted under this subchapter:
(1)  comply with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information; and
(2)  may not be shared with a federal agency or state agency, including an institution of higher education, except as otherwise provided by this subchapter or other law.
Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.310. Reports

Sec. 38.310.  REPORTS.  Not later than November 1 of each even-numbered year, the task force shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the agency a report of the results of the task force's activities conducted under Section 38.308 and any recommendations for legislative or other action.
Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.