Outline of the state of Texas
State
Texas
Required

Category
School-based or School-linked Mental Health Services

Category
School-based or School-linked Mental Health Services

State law requires districts to establish school-based or school-linked mental health promotion and intervention programs.

Mental Health in Schools

This page addresses school-based mental health promotion.

Policy Type
Non-codified

Texas Administrative Code 19 129.1045 Best Practices

(a) A school district shall consider the following best practices for truancy prevention measures.

  • (1) Develop an attendance policy that clearly outlines requirements related to truancy in accordance with Texas Education Code (TEC), Chapter 25, Subchapter C, and communicate this information to parents at the beginning of the school year.

  • (2) Create a culture of attendance that includes training staff to talk meaningfully with students and parents about the attendance policy and the root causes of unexcused absences.

  • (3) Create incentives for perfect attendance and improved attendance.

  • (4) Educate students and their families on the positive impact of school attendance on performance.

  • (5) Provide opportunities for students and parents to address causes of absence and/or truancy with district staff and link families to relevant community programs and support.

  • (6) Develop collaborative partnerships, including planning, referral, and cross-training opportunities, between appropriate school staff, attendance officers, program-related liaisons, and external partners such as court representatives, community and faith-based organizations, state or locally funded community programs for truancy intervention or prevention, and law enforcement to assist students.

  • (7) Determine root causes of unexcused absences and review campus- and district-level data on unexcused absences to identify systemic issues that affect attendance.

  • (8) Use existing school programs such as Communities In Schools, 21st Century Community Learning Centers, Restorative Discipline, and Positive Behavior Interventions and Supports (PBIS) to provide students and their parents with services.

  • (9) At the beginning of each school year, conduct a needs assessment and identify and list, or map, services and programs available within the school district and the community that a school, a student, or a student's parent or guardian may access to address the student's barriers to attendance and make the information available to staff, students, and parents. The information must include, but is not limited to:

  • (A) services for pregnant and parenting students;

  • (B) services for students experiencing homelessness;

  • (C) services for students in foster care;

  • (D) federal programs including, but not limited to, Title 1, Part A, of the Elementary and Secondary Education Act;

  • (E) state programs including, but not limited to, State Compensatory Education programs;

  • (F) dropout prevention programs and programs for "at risk" youth;

  • (G) programs that occur outside of school time;

  • (H) counseling services;

  • (I) tutoring programs and services available at no or low cost;

  • (J) mental health services;

Policy Type
Regulation

Texas Administrative Code 25 37.538 Standard for School-Based Health Centers

(a) Funded applicants shall comply with the following Standard for school-based health centers. (1) Community-based solutions. The funded applicant shall facilitate collaboration among families, schools, and members of the community to assess and meet the health needs of the community's children and families. The funded applicant shall utilize all the following strategies for facilitating community-based solutions: (A) Establish or utilize a local school health advisory council per Education Code, Title 2, Chapter 28, § 28.004 to make recommendations on the establishment and operation of school-based health centers and to assist the district in ensuring that local community values are reflected in the operation of each center and in the provision of health education. (B) Establish and/or enhance links between school personnel, school-based health center personnel, other health/social services providers and agencies in the community, and other supportive community sectors. (C) Enable students and families to be responsible decision-makers in promoting their own health and well-being, making connections with community systems that help to prevent the social isolation and alienation of individuals and families, and using the health care system wisely. (D) Require parental involvement in and management of the health care of children receiving services from the center; encourage parental accompaniment of any child younger than 18 years of age at visits to the center; notify the child's parent at least one week in advance or as early as possible of the scheduled appointment; and encourage the parent to attend the appointment. (2) Administration. The funded applicant shall plan and administer a school-based health center that meets the health needs of the community's children and families by use of the following strategies: (A) Deliver primary and preventive health services to children and families in a school-based setting. (B) Establish efficient, client-friendly procedures for utilizing all available sources of funding to compensate for services provided by the school-based health center, including reimbursement from the state Medicaid program, a state children's health plan program, private health insurance or health benefit plans. Funds received through billing for services shall be used for operations of the school-based health center. (C) Contract for provision of services at the school-based health center if necessary and appropriate. A school-based health center shall operate under the guidance of a medical director who is licensed by the Texas Medical Board. The medical director shall direct medical services of the school-based health center and be available for consultation, to see referrals, and to review charts. (D) Develop and present a specific, detailed plan for funding the school-based health center. (E) Research, develop, and implement the forms and administrative procedures necessary to remain in compliance with all applicable and relevant legislation and regulations. Required procedures contained in applicable legislation for operation of school-based health centers include but are not limited to the following: (i) provision of services to a student only if the school-based health center has obtained written consent to the services from the student's parent within the one-year period preceding the date on which the services are provided, and the consent has not been revoked; (ii) joint identification by school-based health center staff and the student's parent of any health-related concerns of the student that may affect the student's health and/or success in school; (iii) provision of neither reproductive services, counseling, nor referrals through the school-based health center receiving grant funds awarded under this subchapter; (iv) provision of all services by only appropriately licensed, certified, or credentialed professionals as required by law; (v) referral of a student for mental health services only upon notification of and with the written consent of the student's parent, which must be followed by written consent by the student's parent for each treatment occasion(s) authorized by the provider, including informed consent when required for specific services; (vi) a good faith effort by staff of a school-based health center to identify and coordinate with existing health care providers; (vii) provision of notice by the staff of the school-based health center to the primary care physician of a student who has received services; (viii) coordination by the staff of the school-based health center with the primary care physician concerning the clinical treatment of any person who has a primary care physician under the state Medicaid program or another health plan and obtaining authorization before delivering a service; (ix) utilization of all available sources of funding to compensate for services provided by a school-based health center; (x) conduct client surveys in school-based health centers by funded applicants; and (xi) documentation in the student's medical record of the school-based health center's efforts to involve the student's parent in identification of the student's health-related concerns; notification of the student's parent of scheduled appointments and proposed services; coordination with the student's primary care physician; and maintenance of written consent for treatment by the student's parent, including informed consent when required for specific services. (3) Emphasis on prevention. A funded applicant shall provide for primary emphasis on the delivery of primary health services and secondary emphasis on the implementation of population-based models that prevent emerging health threats by use of the following strategies: (A) increasing substantially the number of children in the community with health-care (medical) homes; (B) facilitating access to appropriate primary and preventive care for children; (C) educating, enabling, and empowering individuals for healthier lifestyles; (D) involving the community in identifying priorities and developing health promotion strategies; and (E) relying on the evidence of effective prevention to develop interventions that can demonstrate impact. (4) Focus on outcomes. A funded applicant shall focus on the achievement of outcomes that can be documented, using the following strategies: (A) delivering primary health services and disease prevention of emerging health threats through access to appropriate primary and preventive care for children through a program designed to achieve the following goals: (i) a reduction in student absenteeism with an emphasis on students with chronic conditions that use the school-based health center and drop-out rates; (ii) an increase in each student's ability to meet his or her academic potential; and (iii) an increase in the health of students through preventive health measures including immunizations, and routine physical examinations including checkups conducted in accordance with the Texas Health Steps program. (B) A funded applicant shall research, document, analyze, and evaluate outcomes, including the goals listed in subparagraph (A) of this paragraph, by activities that include but are not limited to the following: (i) gathering data and statistics, monitoring outcomes, and producing data by use of quantitative measurement systems to report on project impact as required by the Request For Proposals; (ii) providing quarterly and annual reports as required by the department; (iii) conducting client surveys and other qualitative measures of client satisfaction; and (iv) producing an annual written report that includes but is not limited to a narrative description of goals accomplished, numbers of students served, summary and outcomes of performance measures, results from client satisfaction surveys, any available statistics related to increased academic success, at least one story from consumers describing the impact of the school-based health center, and plan for sustaining the center after the final year of grant funding. (b) Compliance. A funded applicant shall comply with Standard required by Education Code, Chapter 38, Subchapter B, and provide to the department annually a statement signed by a representative of the school district and the local school health advisory council stating that the district and the local school health advisory council have made a good faith effort to meet all requirements of the department.

Policy Type
Regulation

Texas Statutes Education Code 28.004. Local School Health Advisory Council and Health Education Instruction.

(c) The local school health advisory council’s duties include recommending: (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, including suicide, through coordination of: (F) school health services, including mental health services. [...] (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

Policy Type
Statute

Texas Statutes Education Code 37.115. Threat Assessment and Safe and Supportive School Program and Team.

(a) In this section: (1) “Harmful, threatening, or violent behavior” includes behaviors, such as verbal threats, threats of self harm, bullying, cyberbullying, fighting, the use or possession of a weapon, sexual assault, sexual harassment, dating violence, stalking, or assault, by a student that could result in: (A) specific interventions, including mental health or behavioral supports; (B) in-school suspension; (C) out-of-school suspension; or (D) the student’s expulsion or removal to a disciplinary alternative education program or a juvenile justice alternative education program. (2) “Team” means a threat assessment and safe and supportive school team established by the board of trustees of a school district under this section. (b) The agency, in coordination with the Texas School Safety Center, shall adopt rules to establish a safe and supportive school program. The rules shall incorporate research-based best practices for school safety, including providing for: (1) physical and psychological safety; (2) a multiphase and multihazard approach to prevention, mitigation, preparedness, response, and recovery in a crisis situation; (3) a systemic and coordinated multitiered support system that addresses school climate, the social and emotional domain, and behavioral and mental health; and (4) multidisciplinary and multiagency collaboration to assess risks and threats in schools and provide appropriate interventions, including rules for the establishment and operation of teams. (c) The board of trustees of each school district shall establish a threat assessment and safe and supportive school team to serve at each campus of the district and shall adopt policies and procedures for the teams. The team is responsible for developing and implementing the safe and supportive school program under Subsection (b) at the district campus served by the team. The policies and procedures adopted under this section must: (1) be consistent with the model policies and procedures developed by the Texas School Safety Center; (2) require each team to complete training provided by the Texas School Safety Center or a regional education service center regarding evidence-based threat assessment programs; and (3) require each team established under this section to report the information required under Subsection (k) regarding the team’s activities to the agency.

Policy Type
Statute

Texas Statutes Education Code 38.0101. Authority to Employ or Contract with Nonphysician Mental Health Professional.

(a) A school district may employ or contract with one or more nonphysician mental health professionals. (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.

Policy Type
Statute

Texas Statutes Education Code 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.

Policy Type
Statute

Texas Statutes Education Code 38.351. Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention.

(a) The agency, in coordination with the Health and Human Services Commission and regional education service centers, shall provide and annually update a list of recommended best practice-based programs and research-based practices in the areas specified under Subsection (c) for implementation in public elementary, junior high, middle, and high schools within the general education setting. (b) Each school district may select from the list provided under Subsection (a) a program or programs appropriate for implementation in the district. (c) The list provided under Subsection (a) must include programs and practices in the following areas: (1) early mental health prevention and intervention; (2) building skills related to managing emotions, establishing and maintaining positive relationships, and responsible decision-making; (3) substance abuse prevention and intervention; (4) suicide prevention, intervention, and postvention; (5) grief-informed and trauma-informed practices; (6) positive school climates; (7) positive behavior interventions and supports; (8) positive youth development; and (9) safe, supportive, and positive school climate.

Policy Type
Statute