Legislative Blog

J.B. Williams, J.D.

3 more bills that modify the Education Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

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SB 15 - Requiring public institutions of higher education whose students compete in intercollegiate althetic competition to compete based on biological sex

SB 18 - Tenure and employment of faculty at public institutions of higher learning

SB 26 - Local mental health authority and local behavioral health authority audits

3 more bills that modify the Education Code

Published: 2024-12-09

SB 15

Requiring public institutions of higher education whose students compete in intercollegiate athletic competition to compete based on biological sex

Any intercollegiate athletic competition sponsored or authorized by a public institution of higher education must require students to compete on a team according to their biological sex. Further a male student may not play in a position designated for female students on a mixed sex team.

The student's biological sex is that stated on the student's official birth certificate or, if unattainable, another government record that accurately states their biological sex. An official birth certificate is considered to have correctly stated the biological sex only if the statement was made at or near the time of birth; or modified to correct a scrivener or clerical error in their biological sex.

A civil action for injunctive relief may be brought against an institution violating this law.

SB 18

Tenure and employment of faculty at public institutions of higher learning

Tenure means that the faculty member may continue employment unless dismissed for good cause according to the policies and procedures adopted by the institution. Tenure does not create property interest beyond the continued employment, including any salary and privileges incident to.

Each institute of higher education must adopt policies and procedures that address the granting of tenure; provide for periodic performance evaluation of all tenured faculty; allow for dismissal of tenured faculty on a determination that:

1. the faculty member has:
   1. exhibited professional incompetence;
   2. continually or repeatedly failed to perform duties or meet professional responsibilities;
   3. failed to complete required post-tenure review professional development program;
   4. engage in conduct involving moral turpitude that adversely affects the institute or their performance of duties;
   5. violated laws or institution policies substantially related to the performance of duties;
   6. been convicted of a crime affecting their fitness to engage in teaching, research, service, outreach or administration;
   7. engaged in unprofessional conduct that adversely affects the institute or their performance of duties;
   8. falsified their academic credentials;
2. actual financial exigency or phasing out of the program requiring the elimination of their position; or
3. other good cause as defined in the institutions policies

Comprehensive performance evaluation must be conducted of tenured faculty no more than once per year but no less often than every 6 years. It must be based upon their teaching, research, service, patient care, and administration, and include peer review. A faculty member is subject to loss of tenure if during the performance evaluation it is determined their is incompetence, neglect of duty, or other good cause present. For a faculty member who receives an unsatisfactory rating, there must be a short-term development plan that includes performance benchmarks for returing to satisfactory performance.

There are rules that must be followed for summary dismissal of tenured faculty. These include notice and the right to respond.

SB 26

Local mental health authority and local behavioral health authority audits

If a local mental health authority cannot employ a qualified non-physician mental health professional, they may request a waiver to employ a license master social worker or a individual who has been issued a licensed professional counselor associate license in Texas.

The Government Code is also modified here as the following:

For money so appropriated, the commission shall establish a matching grant program (entity provides at least 10% matching) to provide support to eligible entities for a community-based program to identify mental health issues and improve access to early intervention and treatment for children and families. This may be evidence based or otherwise demonstrate positive outcomes. This would include:

1. improved relationship skills;
2. improved self-esteem;
3. reduced involvement in the juvenile justice system;
4. participation in the relinquishment avoidance program under the Family Code; and
5. avoidance of emergency room use

Any grants are under a contract that provides the commission with sufficient control to ensure the public purpose of providing mental health prevention services to children and families is adopted.

The following are eligible entities:

1. hospital licensed under Health and Safety Code Chapter 241;
2. mental hospital licensed under Health and Safety Code Chapter 577;
3. hospital district;
4. local mental health authority;
5. child-care facility under Human Resources Code, Chapter 42;
6. county or municipality; and
7. nonprofit organization that is exempt from federal income tax

Grant money and matching funds may only be used for strategies that provide resiliency; coping and social skills; healthy social and familial relationships; and parenting skills and behaviors. It may not be used for expenses or cost that another source is obligated to reimburse, including Medicaid reimbursements.

By January 1, 2025, there needs to be a plan to transition individuals from a hospital that primarily provides behavioral health care to a nursing facility. This is for those individuals that require a level of care provided at nursing facilities and a high level of behavioral health supports. This plan must estimate the costs to the nursing facilities and the savings to hospitals. It may only be implemented if the commission determines it would increase the amount of available state general revenue. This section expires September 1, 2025.

Audits of local behavioral authority must be done at least once every 5 years. A financial audit once every 3 years.

This completes the modifications to the Government Code.

There are modifications to the Health and Safety Code as follows:

At each mental health facility there shall be at least 1 employee that provide transition support services for patients that are determined to be medically appropriate for discharge. Support services may include enhanced and supports for complex high-need patients and post-discharge monitoring for up to 1 year.

The department must post performance and outcome measures on the Internet for facilities. This outcome measures must include

1. inpatient psychiatric care diversion;
2. avoidance of emergency room use;
3. criminal justice diversion;
4. numbers of homeless served;
5. access to timely and adequate screening;
6. rapid crisis stabilization;
7. timely access to appropriate treatment from community-based crisis services;
8. improved functioning as a result of medication-related and psychosocial rehabilitation services;
9. number of people referred to a state hospital, state supported living center, or community-based hospital;
10. length of time between referral and admission, length of stay, and time before discharge or transition;
11. rate of denial of services;
12. average number of hours of services provided
13. any other relevant information regarding quality of service

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.