http://pol.tasb.org/Policy/Download/934?filename=FFB(LEGAL).pdf 

 

The Texas Department of State Health Services (TDSHS), in coordination with TEA and regional education service centers (ESCs), shall provide and annually update a list of recommended best practice based programs in the areas specified below for implementation in public elementary, junior high, middle, and high schools within the general education setting. The District may select from the list a program or programs appropriate for implementation in the District. The list 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. TDSHS, TEA, and each ESC shall make the list easily accessible on their Web sites. The programs on the list 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, too:

Recognize students at risk of committing suicide, including students who are or may be the victims of or who engage in bullying;

 

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.

The policy and any necessary procedures adopted must be included in the annual student handbook and the district improvement plan under Education Code 11.252. [See BQ] District policy and procedures are not intended to interfere with the rights of parents or guardians and the decision-making regarding the best interest of the child. District policy and procedures 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.

 

Health and Safety Code 161.325 These requirements do not waive any immunity from liability of a district or of district officers or employees, create any liability for a cause of action against a district or against district officers or employees or waive any immunity from liability under Civil Practice and Remedies Code 74.151. Health and Safety Code 161.326