Tex. Educ. Code Section 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.

(d)

For purposes of Subsection (c), “school climate” means the quality and character of school life, including interpersonal relationships, teaching and learning practices, and organizational structures, as experienced by students enrolled in the school district, parents of those students, and personnel employed by the district.

(e)

The suicide prevention programs on the list provided under Subsection (a) must include components that provide for training school 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 attempting 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;

(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; and

(4)

assist students in returning to school following treatment of a mental health concern or suicide attempt.

(f)

In developing the list of best practice-based programs and research-based practices, the agency and the Health and Human Services Commission 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.

(g)

Except as otherwise provided by this subsection, each school district shall provide training described in the components set forth under Subsection (e) for teachers, school 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-1)

A school district may satisfy a requirement to implement a program in the area of substance abuse prevention and intervention by providing instruction related to youth substance use and abuse education under Section 38.040 (Fentanyl Abuse Prevention and Drug Poisoning Awareness Education).

(h)

If a school district provides the training under Subsection (g), the school district shall:

(1)

require completion of the training in accordance with the policy adopted under Section 21.4515 (Annual Adoption of Professional Development Policy); and

(2)

maintain records that include the district employees who participated in the training.

(i)

A school district shall develop practices and procedures concerning each area listed in Subsection (c), including mental health promotion and intervention, substance abuse prevention and intervention, and suicide prevention, that:

(1)

include 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 (e)(2);

(2)

include a procedure for providing notice of a student identified as at risk of attempting 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 (e)(2);

(3)

establish 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;

(4)

set 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; and

(5)

include procedures:

(A)

to support the return of a student to school following hospitalization or residential treatment for a mental health condition or substance abuse; and

(B)

for suicide prevention, intervention, and postvention.

(i-1)

A school district may develop practices and procedures concerning each area listed in Subsection (c), including mental health promotion and intervention, substance abuse prevention and intervention, and suicide prevention, that include a procedure for providing educational material to all parents and families in the district that contains information on identifying risk factors, accessing resources for treatment or support provided on and off campus, and accessing available student accommodations provided on campus.

(j)

The practices and procedures developed under Subsection (i) or (i-1):

(1)

may address multiple areas listed in Subsection (c) together; and

(2)

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.

(k)

The practices and procedures developed under Subsection (i) or (i-1) must be included in:

(1)

the annual student handbook; and

(2)

the district improvement plan under Section 11.252 (District-level Planning and Decision-making).

(l)

The agency shall develop and make available to school districts guiding principles on the coordination of programs and practices in areas listed under Subsection (c).

(m)

The agency, the Health and Human Services Commission, and each regional education service center:

(1)

may accept donations for purposes of this section from sources without a conflict of interest; and

(2)

may not accept donations for purposes of this section from an anonymous source.

(n)

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. Practices and procedures developed 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.

(o)

In this section, “postvention” includes activities that promote healing necessary to reduce the risk of suicide by a person affected by the suicide of another.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1134 (H.B. 1386), Sec. 3, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 578 (S.B. 831), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 578 (S.B. 831), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1321 (S.B. 460), Sec. 4, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 12, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 714 (H.B. 4056), Sec. 1, eff. June 12, 2017.
Reenacted, transferred, redesignated and amended by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.21, eff. December 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.014(a), eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 21, eff. June 18, 2021.
Acts 2023, 88th Leg., R.S., Ch. 917 (H.B. 3908), Sec. 5, eff. June 17, 2023.

Source: Section 38.351 — Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­38.­htm#38.­351 (accessed Jun. 5, 2024).

38.001
Immunization
38.002
Immunization Records
38.003
Screening and Treatment for Dyslexia and Related Disorders
38.004
Child Abuse Reporting and Programs
38.005
Protective Eye Devices in Public Schools
38.006
E-cigarettes and Tobacco Products on School Property
38.007
Alcohol-free School Zones
38.008
Posting of Steroid Law Notice
38.009
Access to Medical Records
38.010
Outside Counselors
38.011
Dietary Supplements
38.012
Notice Concerning Health Care Services
38.013
Coordinated Health Program for Elementary, Middle, and Junior High School Students
38.014
Implementation of Coordinated Health Program for Elementary, Middle, and Junior High School Students
38.015
Self-administration of Prescription Asthma or Anaphylaxis Medicine by Students
38.016
Psychotropic Drugs and Psychiatric Evaluations or Examinations
38.017
Availability of Automated External Defibrillator
38.018
Procedures Regarding Response to Cardiac Arrest
38.019
Immunization Awareness Program
38.021
Use of Sunscreen Products
38.022
School Visitors
38.023
List of Resources Concerning Internet Safety
38.024
Insurance Against Student Injuries
38.0025
Dissemination of Bacterial Meningitis Information
38.026
Grant Program for Best Practices in Nutrition Education
38.027
Electronic Communication Policy
38.030
Traumatic Injury Response Protocol
38.0031
Classroom Technology Plan for Students with Dyslexia
38.031
Notice of Lice
38.032
Seizure Management and Treatment Plan
38.0032
Dyslexia Training Opportunities
38.033
Seizure Recognition and Related First Aid Training
38.034
School Health and Related Services Program
38.036
Trauma-informed Care Policy
38.040
Fentanyl Abuse Prevention and Drug Poisoning Awareness Education
38.0041
Policies Addressing Sexual Abuse and Other Maltreatment of Children
38.0042
Posting Child Abuse Hotline Telephone Number
38.051
Establishment of School-based Health Centers
38.052
Contract for Services
38.053
Parental Consent Required
38.054
Categories of Services
38.055
Use of Grant Funds for Reproductive Services Prohibited
38.056
Provision of Certain Services by Licensed Health Care Provider Required
38.057
Identification of Health-related Concerns
38.058
Health Education and Health Care Advisory Council
38.059
Assistance of Public Health Agency
38.060
Coordination with Existing Providers in Certain Areas
38.061
Communication with Primary Care Physician
38.062
Funding for Provision of Services
38.063
Grants
38.0095
Parental Access to Medical Records
38.101
Assessment Required
38.0101
Authority to Employ or Contract with Nonphysician Mental Health Professional
38.102
Adoption of Assessment Instrument
38.103
Reporting of Physical Fitness Results
38.104
Analysis of Results
38.105
Donations
38.106
Rules
38.0141
Reporting of Certain Health and Safety Information Required
38.0151
Policies for Care of Certain Students at Risk for Anaphylaxis
38.151
Definitions
38.0152
Committee to Assist in Updating Guidelines for Care of Students at Risk for Anaphylaxis
38.152
Applicability
38.153
Oversight of Concussions by School Districts and Charter Schools
38.154
Concussion Oversight Team: Membership
38.155
Required Annual Form Acknowledging Concussion Information
38.156
Removal from Play in Practice or Competition Following Concussion
38.157
Return to Play in Practice or Competition
38.158
Training Courses
38.159
Immunity
38.160
Rules
38.0181
Cardiovascular Screening Pilot Program
38.201
Definitions
38.202
Advisory Committee: Establishment and Composition
38.203
Advisory Committee: Presiding Officer
38.204
Advisory Committee: Compensation and Expenses
38.205
Advisory Committee: Applicability of Other Law
38.206
Advisory Committee: Open Meetings
38.207
Advisory Committee: Duties
38.208
Maintenance and Administration of Epinephrine Auto-injectors and Medication for Respiratory Distress
38.209
Report on Administering Epinephrine Auto-injector
38.210
Training
38.211
Prescription of Epinephrine Auto-injectors and Medication for Respiratory Distress
38.212
Notice to Parents
38.213
Gifts, Grants, and Donations
38.214
Rules
38.215
Immunity from Liability
38.221
Definitions
38.222
Maintenance, Administration, and Disposal of Opioid Antagonists
38.223
Report on Administering Opioid Antagonist
38.224
Training
38.225
Prescription of Opioid Antagonists
38.226
Gifts, Grants, and Donations
38.227
Immunity from Liability
38.228
Rules
38.0231
Guidelines for Use of Digital Devices
38.251
Rubric to Identify Resources
38.252
Regional Inventory of Mental Health Resources
38.253
Statewide Inventory of Mental Health Resources
38.254
Statewide Plan for Student Mental Health
38.255
Agency Use of Statewide Plan
38.256
Reports to Legislature
38.301
Definitions
38.302
Establishment
38.303
Membership
38.304
Officers
38.305
Compensation
38.306
Meetings
38.307
Support Services for Task Force
38.308
Duties of Task Force
38.309
Privacy of Information
38.310
Reports
38.311
Funding
38.312
Expiration
38.351
Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention
38.352
Immunity
38.353
Suicide Prevention Information Required on Certain Student Identification Cards
38.0591
Access to Mental Health Services
38.2091
Report on Administering Medication for Respiratory Distress
38.3071
Request for and Disclosure of Information

Accessed:
Jun. 5, 2024

§ 38.351’s source at texas​.gov