Legal Requirements

NEW! Mental Health Training Requirement (HB 3, 88th Legislative Session)

In the 88th Regular Session of the Texas Legislature in 2023, Congress passed HB 3, a school safety bill that, among other items, amended Texas Education Code Section 22.904 to read as follows:

Sec. 22.904. MENTAL HEALTH TRAINING.

Except as otherwise provided by this section, a school district shall require each district employee who regularly interacts with students enrolled at the district to complete an evidence-based mental health training program designed to provide instruction to participants regarding the recognition and support of children and youth who experience a mental health or substance use issue that may pose a threat to school safety.

A school district may not require a district employee who has previously completed mental health training offered by a local mental health authority under Section 1001.203, Health and Safety Code, to complete the training required by this section.

Additionally, HB 3 provides information on the timeline of implementation of this training requirement:

…a school district must require the district's employees to complete the mental health training required under…section [22.904, Education Code] as follows:

at least 25 percent of the applicable district employees before the beginning of the 2025-2026 school year;

at least 50 percent of the applicable district employees before the beginning of the 2026-2027 school year;

at least 75 percent of the applicable district employees before the beginning of the 2027-2028 school year; and

100 percent of the applicable district employees before the beginning of the 2028-2029 school year.

Region 10 and the North Texas Behavioral Health Authority are available to support LEAs with meeting this training requirement via Youth Mental Health First Aid Training. You can see our current offerings for youth mental health first aid here:

Current Youth Mental Health First Aid Offerings

YMHFA is also offered by the North Texas Behavioral Health Authority (NTBHA):

NTBHA YMHFA training dates

If you would like to request to have Region 10 Mental and Behavioral Health team members come to your campus to provide YMHFA to your staff, you can complete the request form below and a member of the team will reach out to you shortly.

Mental and Behavioral Health Support Request Form

Restraint Training Requirements

The Texas Administrative Code Rule 89.1053, in accordance with Texas Education Code (TEC) 37.0021, requires that a core team of personnel on each campus must be trained in the use of restraint, and the team must include a campus administrator or designee and any general or special education personnel likely to use restraint. Furthermore, training on the use of restraint must include prevention and de-escalation techniques and provide alternatives to the use of restraint.

Region 10 provides training to member LEAs that meet this requirement via the Crisis Prevention Institute’s Nonviolent Crisis Intervention (NCI). The NCI program is designed for staff who directly intervene in crisis situations, teaching de-escalation techniques as well as restrictive and nonrestrictive interventions.

If you need or would like to receive training in Nonviolent Crisis Intervention, you can find training opportunities offered by Region 10 here:

R10 CPI Trainings

If you need a large group trained at your LEA site, you can request to have one of Region 10’s certified CPI instructors come to your district and provide the training. You can read about the requirements and request the training here:

CPI training request

Time-out Training Requirements

The Texas Administrative Code Rule 89.1053, in accordance with Texas Education Code (TEC) 37.0021, requires that training on the use of time out must be provided to general or special education personnel who implement time-out based on requirements established in a student's IEP and/or behavior improvement plan or behavioral intervention plan. Furthermore, the training must be provided as part of a program which addresses a full continuum of positive behavioral intervention strategies, and must address the impact of time-out on the ability of the student to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the student's IEP.

Region 10 recommends that staff in need of training in the appropriate use of time out complete the Texas Behavior Support Initiative (TBSI) training from TEA. This is a state-level training that meets the requirements mandated by Texas Education Code §37.0021 and Texas Administrative Code §89.1053. TBSI provides foundational knowledge for positive behavior interventions and supports for all students, including students with disabilities. While the TBSI training meets legislative requirements related to procedures for restraint and time-out, it also provides a framework for sharing a wide range of foundational-level behavior strategies and prevention-based school-wide, classroom, and individual interventions.

This course is available for free on the TEA Learn platform. Click below to learn more:

Texas Behavior Support Initiative (TBSI) 2023

Trauma Informed Care Training Requirements

The Texas Education Code (TEC) 38.036 requires that each school district shall adopt a policy requiring the integration of trauma-informed practices in each school environment. This includes training designed to increase staff and parent awareness of trauma-informed care, and the implementation of trauma-informed practices and care by district and campus staff.

The Texas Education Agency, in collaboration with the Health and Human Services Commision (HHSC), have compiled a list of practices and programs to create the Mental and Behavioral Health Recommended Evidence-Based Programs and Research-Based Practices Repository.

You can visit the Texas School Mental Health Website for the Mental and Behavioral Health Recommended Evidence-Based Programs and Research-Based Practices Repository.

Region 10 consultants are available to assist with providing technical assistance and professional development support to help districts meet their requirements. Staff can provide training in Youth Mental Health First Aid, Psychological First Aid, Restorative Practices, and Suicide Prevention and Intervention. If you would like to request support, please contact the team using the link below:

Mental & Behavioral Health Support Request Form

Comprehensive School Mental Health Services Requirements

In accordance with statutory requirements established by TEC §38.351, The Health and Human Services Commission (HHSC) coordinates with the Texas Education Agency (TEA) and Education Service Centers (ESCs) to annually review a list of recommended best-practice programs, and practices, for public schools. The list must include programs and practices in the following 8 areas:

Building Skills Related to Managing Emotions, Establishing and Maintaining Positive Relationships, and Responsible Decision-Making
Early Mental Health Prevention and Intervention
Grief-Informed and Trauma-Informed Practices
Positive Youth Development
Positive Behavior Interventions and Supports
Safe, Supportive and Positive School Climates
Substance Abuse Prevention and Intervention
Suicide Prevention, Intervention and Postvention

You can visit the Texas School Mental Health Website for the Mental and Behavioral Health Recommended Evidence-Based Programs and Research-Based Practices Repository to identify training opportunities to meet your LEA needs.

Region 10 consultants are available to assist with providing technical assistance and professional development support to help districts meet their requirements. ESC staff can collaborate with the North Texas Behavioral Health Authority (NTBHA) to provide technical assistance and professional development in the identified areas of need for a comprehensive school mental health services program. Use the button below to request support:

Mental & Behavioral Health Support Request Form

Behavioral Threat Assessment Training Requirement

In accordance with statutory requirements established by TEC §37.115, school districts shall establish a threat assessment and safe and supportive school team. All team members must complete training provided by the Texas School Safety Center or a regional education service center regarding evidence-based threat assessment programs.

The Texas School Safety Center (TxSSC) offers online training in School Behavioral Threat Assessment training to enable districts to meet this requirement.

TxSSC School Behavioral Threat Assessment training

Additionally, the TxSSC provides additional training in Digital Threat Assessment, developed through the need to keep pace with the ever-evolving technology challenges that face our students currently. Successful violence threat risk assessment can only occur if we have a solid understanding of all data needed to appropriately assess an individuals’ potential for violence.

TxSSC Digital Threat Assessment training