FFEB(LEGAL) - COUNSELING AND MENTAL HEALTH: MENTAL HEALTH

Note: For information about mental health curriculum and SHAC responsibilities, see EHAA. For information about threat assessments, see FFB.

Mental Health Condition

"Mental health condition" means a persistent or recurrent pattern of thoughts, feelings, or behaviors that:

  1. Constitutes a mental illness, disease, or disorder, other than or in addition to epilepsy, substance abuse, or an intellectual disability; or
  2. Impairs a person's social, emotional, or educational functioning and increases the risk of developing such a condition.

Student Programs

Subject 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.

Practices and Procedures

  1. 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;
  2. 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, which may include declining academic performance, depression, anxiety, isolation, unexplained changes in sleep or eating habits, and destructive behavior toward self and others;
  3. 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;
  4. 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;
  5. Set out available counseling alternatives for a parent or guardian to consider when his or her child is identified as possibly being in need of early mental health or substance abuse intervention or suicide prevention; and
  6. Include procedures:
    1. To support the return of a student to school following hospitalization or residential treatment for a mental health condition or substance abuse; and
    2. For suicide prevention, intervention, and postvention.

Immunity

Consent to Examinations, Tests, or Treatment

  1. TEA's policy concerning child abuse investigations and reports under Education Code 38.004; or
  2. State or federal law regarding requirements for special education.

Professional's Authority

  1. Counsel the child without the consent of the child's parents, managing conservator, or guardian;
  2. With or without the consent of a child who is a client, advise the parents, managing conservator, or guardian of the treatment given to or needed by the child;
  3. Rely on the written statement of the child containing the grounds on which the child has capacity to consent to his or her own treatment as provided above.

Exception: Court Order

Consent to LSSP

Professional Immunity

Outside Counselors

  1. Obtains prior written consent for the referral from the student's parent, managing conservator, or guardian.
  2. Discloses to the student's parent, managing conservator, or guardian any relationship between the district and the outside counselor.
  3. Informs the student and the student's parent, managing conservator, or guardian of any alternative public or private source of care or treatment reasonably available in the area.
  4. Requires the approval of appropriate district personnel before a student may be referred for care or treatment or before a referral is suggested as being warranted.
  5. Specifically prohibits any disclosure of a student record that violates state or federal law.

Psychotropics and Psychiatric Evaluations

  1. Recommend that a student use a psychotropic drug; or
  2. Suggest any particular diagnosis; or
  3. Use the refusal by a parent to consent to administration of a psychotropic drug to a student or to a psychiatric evaluation or examination of a student as grounds, by itself, for prohibiting the child from attending a class or participating in a school-related activity.
  1. Prevent an appropriate referral under the Child Find system required under 20 U.S.C. Section 1412, as amended; or
  2. Prohibit a school district employee, or an employee of an entity with which the district contracts, who is a registered nurse, advanced nurse practitioner, physician, or nonphysician mental health professional licensed or certified to practice in this state from recommending that a child be evaluated by a physician or nonphysician mental health professional; or
  3. Prohibit a school employee from discussing any aspect of a child's behavior or academic progress with the child's parent or another school district employee.

Child Abuse Reporting

  1. Presents a substantial risk of death, disfigurement, or bodily injury to the child; or
  2. Has resulted in an observable and material impairment to the growth, development, or functioning of the child.

Hawley ISD

FFEB(LEGAL)-P

UPDATE 115

DATE ISSUED: 7/1/2020