COD E R E D

efore health care services are available in the schools. At the hearing, the board will discloseall information regarding proposed health care services.Self-Administration of Medications: Texas Education Code §38.015 (2001) entitles students withasthma to possess and self-administer prescription medication while on school property or atschool-related activities, provided that the medication was prescribed for the student,administration is given in compliance with the physician’s instructions, and a parent submits awritten statement from the physician stating that the student is capable of self-administering themedication, and the time and dosage of the medication.Psychotropic Medications: Education Code §38.016 (2003) states school district employeesmay not recommend that a student use a psychotropic drug. However, this statute does notprohibit school medical staff from recommending that a child be evaluated by an appropriatemedical practitioner.Storage and Record-Keeping: No state policy.Counseling and Mental Health ServicesRequirement to Provide Services: Code of Education §33.005 (2001) requires schoolcounselors, working with the school and broader community, to plan, implement, and evaluate adevelopmental guidance program. This program is to include a responsive services componentto intervene on behalf of any at-risk student and an individual planning system component toprovide guidance for each student. A Model Comprehensive, Developmental Guidance andCounseling Program for Texas Public Schools: A Guide for Program Development Pre-K-12thGrade (2004) provides a model for schools to follow when developing their developmentalguidance programs. Statute §29.312 (1995) also requires appropriate psychological counselingservices to be made available for those students who are deaf or hard of hearing.Suicide Prevention: Texas has no specific state policy addressing suicide prevention services;however, the responsive services requirement of the Code of Education §33.005 (2001) impliessuicide prevention be addressed.Identification of Students with Mental or Emotional Disorders: Statute §38.057 (2001) requiresthe school medical staff, along with the parental guardian, to jointly identify any health-relatedconcerns of a student which may be interfering with their well-being or ability to succeed inschool. Referrals for mental health services require notification of the parental guardian inwriting, whose authorization is needed for potential treatment. Statutes §26.009 (1997) and§29.0041 (2003) require parental consent before conducting a psychological examination, test,or treatment on a child.Immunity of Liability: Education Code §22.0511 (2003) grants immunity of personal liability to allprofessional school employees for any act incident to or within the scope of their duties thatinvolves the exercise of judgment or discretion. Only the use of excessive force or negligenceresulting in bodily harm voids their immunity of liability.Individual Health Plan for StudentsNo state policy.E-98