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MAY I PLEASE HAVE EVERYONE'S ATTENTION? BEFORE THE PUBLIC HEARING BEGIN, WE ASK THAT EVERYONE, PLEASE SILENCE YOUR CELL PHONES. THE FORT BEND ISD BOARD OF TRUSTEE IS HOLDING A PUBLIC HEARING AS REQUIRED BY LAW.
THANK YOU. THANK YOU SERGEANT. THE TIME IS 5:32 P.M.. THIS HEARING IS HEREBY CALLED TO ORDER.
[1. Call to Order]
WE HAVE THE PRESENCE OF A QUORUM ATTENDING IN PERSON.NEXT UP IS GOING TO BE A PRESENTATION OF THE HEARING, AND I WILL TURN IT OVER TO YOU, DOCTOR SMITH.
[2.A. Public Hearing for District Health Services]
THANK YOU, MADAM PRESIDENT. GOOD EVENING, FELLOW BOARD MEMBERS AND THOSE THAT ARE HERE IN ATTENDANCE.WE ARE GOING TO BEGIN WITH OUR PRESENTATION. ONE THING TO CONSIDER BOARD, AS WE BEGIN THE PRESENTATION IS TO ALLOW THE PRESENTER TO COMPLETE THE INFORMATION AND THEN MAYBE ASK QUESTIONS WHEN THE ITEM COMES UP ON THE REGULAR BOARD AGENDA, IF THAT SO PLEASES THE BOARD.
YEAH. THAT'S FINE. AND I DO WANT TO REMIND THE BOARD MEMBERS, SINCE WE DON'T HAVE ALL OF OUR TECHNOLOGY IN FRONT OF US, THAT WE WILL BE USING OUR TRUSTEE GREEN CARDS FOR QUESTIONS.
SO JUST PLACE IT UP AND I WILL DO MY BEST TO KEEP AN EYE OUT.
OKAY. THANK YOU. HAVING SAID THAT, WE'RE PREPARED TO TURN IT OVER TO OUR PRESENTER, BETH.
I WANT TO INTRODUCE. SURE. THANK YOU, DOCTOR SMITH.
AND SO WITH THAT, I'LL TURN IT OVER TO DOCTOR WESTBROOK. THANK YOU, MISS MARTINEZ.
BOARD OF TRUSTEES, DOCTOR SMITH.
THE WHOLE CHILD HEALTH PUBLIC HEARING IS A REQUIREMENT OF CHAPTER 38 OF THE TEXAS EDUCATION CODE, AS WELL AS BOARD POLICY, FFA, LEGAL BEFORE A SCHOOL DISTRICT OR A SCHOOL MAY EXPAND OR CHANGE HEALTH SERVICES AVAILABLE AT A SCHOOL IN THE DISTRICT FROM THOSE THAT WERE AVAILABLE. JANUARY 1ST, 1999.
THE BOARD OF TRUSTEES MUST HOLD A PUBLIC HEARING TO DISCLOSE THE FOLLOWING.
ALL HEALTH CARE SERVICES PROVIDED BY THE DISTRICT AND ANY EXPANSION OR CHANGES TO THOSE SERVICES, WHETHER FEDERAL LAW PERMITS OR REQUIRES ANY HEALTH CARE SERVICE PROVIDED TO BE KEPT CONFIDENTIAL FROM PARENTS.
WHETHER A CHILD'S MEDICAL RECORDS WILL BE ACCESSIBLE TO THEIR PARENTS.
INFORMATION CONCERNING GRANT FUNDS TO BE USED, WHICH INCLUDES THE RESOLUTION FOR THE VOCA GRANT.
TITLES OF PERSONS WHO WILL HAVE ACCESS TO MEDICAL RECORDS OF A STUDENT.
SECURITY MEASURES USED TO PROTECT THE PRIVACY OF STUDENTS.
MEDICAL RECORDS AND POLICIES RELATING TO THE SERVICES, WHICH ARE FL, FFA, FFA AND FFA.
FORT BEND ISD PROFILE OF A GRADUATE ADOPTED BY THE BOARD IN 2017 SERVES AS THE VISION FOR THE SKILLS THAT EACH GRADUATE OF OUR DISTRICT SHOULD POSSESS. THE PROFILE IS OUR NORTH STAR. IT INFORMS ALL THAT WE DO, AND IT CERTAINLY INCLUDES CAMPUS BASED HEALTH SERVICES. THE PROFILE OF A GRADUATE ATTRIBUTES ALIGNED TO THE SOCIAL EMOTIONAL LEARNING CURRICULUM AS THE DISPOSITIONS OF LEARNING AND BEHAVIOR.
FORT BEND ISD'S MULTI-TIERED SYSTEM OF SUPPORT IS A COMPREHENSIVE FRAMEWORK USED TO PROVIDE HIGH QUALITY INSTRUCTION EXPECTATIONS AND INTERVENTIONS TARGETED TO SUPPORT ALL LEARNERS. IT'S ROOTED IN SUPPORTING THE WHOLE CHILD, WHETHER AN ADVANCED OR A STRUGGLING LEARNER, THROUGH ACADEMIC, BEHAVIORAL, SOCIAL, AND EMOTIONAL SERVICES.
TIER ONE ARE PREVENTATIVE AND PROACTIVE SERVICES THAT IMPACT ALL STUDENTS ADEQUATELY, ADEQUATELY TYPICALLY ADDRESS 80 TO 90% OF OUR STUDENTS. EXAMPLES OF THIS ARE OUR STUDENT OWNERSHIP OF BEHAVIOR FRAMEWORK AND THE PROFILE OF A GRADUATE CURRICULUM.
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TIER TWO SUPPORTS ARE PUT IN PLACE FOR THOSE 10 TO 15% OF STUDENTS THAT HAVE ADDITIONAL SOCIAL AND EMOTIONAL NEEDS.THIS WOULD INCLUDE SMALL GROUP COUNSELING BY OUR SOCIAL WORKERS OR SCHOOL COUNSELORS.
TIER THREE SUPPORTS ARE PROVIDED FOR 5 TO 10% OF INDIVIDUAL STUDENTS, WITH MORE SIGNIFICANT SOCIAL AND EMOTIONAL NEEDS THAT AREN'T SUFFICIENTLY MET IN TIER 1 OR 2. WE ALSO HAVE INDIVIDUAL STUDENTS THAT EXPERIENCE CRISIS SITUATIONS WHERE THEY'LL HAVE THE NEED FOR TIER THREE SUPPORTS. TIER THREE INVOLVES OUR MENTAL HEALTH COUNSELORS AND MENTAL HEALTH COMMUNITY PARTNERS.
AND WE'RE BRINGING THOSE TO YOU IN THIS PRESENTATION.
AND THOSE ARE TO ARE TO SUPPORT THE THERAPEUTIC SERVICES.
THE DEMAND FOR MENTAL HEALTH SUPPORT AMONG STUDENTS IS ON THE RISE.
IT WAS EXACERBATED BY FACTORS WITH THE COVID 19 PANDEMIC.
THIS LEADS TO DISPARITIES IN ACCESS TO CARE. NATIONALLY, WE KNOW THAT ONE MENTAL HEALTH PROFESSIONAL IS AVAILABLE FOR EVERY 350 INDIVIDUALS, AND THAT THE STATE OF TEXAS IS 50TH IN THE NUMBER OF MENTAL HEALTH PROFESSIONALS AVAILABLE, AND 50TH IN YOUTH ACCESS TO CARE. IN TEXAS, THERE'S ONE MENTAL HEALTH PROFESSIONAL FOR EVERY 760 INDIVIDUALS.
IN FORT BEND COUNTY, THERE'S ONE MENTAL HEALTH PROFESSIONAL FOR EVERY 930 INDIVIDUALS.
AND IN FORT BEND ISD, WE EMPLOY SIX DISTRICT MENTAL HEALTH THERAPISTS, WHICH PUTS US AT ONE MENTAL HEALTH PROFESSIONAL FOR EVERY 13 CAMPUSES OR EVERY 13,300 STUDENTS. WE'RE COMING TO YOU TODAY SEEKING BOARD APPROVAL TO COLLABORATE WITH COMMUNITY MENTAL HEALTH PARTNERS.
OUR CURRENT DISTRICT STAFF STRUGGLES TO MEET THOSE INCREASING MENTAL HEALTH NEEDS OF OUR STUDENTS, AND WE'RE RECOMMENDING THE COLLABORATION WITH THE FOLLOWING MENTAL HEALTH PARTNERS. CLEAR HOPE. COUNSELING. INVACARE. IMPACT.
DAYBREAK. COUNSELING. DEPELCHIN CHILDREN'S CENTER AND TEXAS CHILD HEALTH.
ACCESS THROUGH TELEMEDICINE OR CHAT. THE DISTRICT ENGAGED IN A REQUEST FOR PROPOSALS.
MEMORANDUMS OF UNDERSTANDING AND DATA SHARING AGREEMENTS ARE ENTERED INTO WITH THE PROVIDERS.
ALL DENTAL, MEDICAL AND HEALTH CAMPUS BASED HEALTH SERVICES AND RECORDS ARE CONFIDENTIAL, AS REQUIRED BY TEXAS EDUCATION CODE CHAPTER 38 AND POLICIES. FFA. FFA, FFL, AND FFA PARENTS MUST PROVIDE CONSENT FOR SERVICES AND WILL HAVE FULL ACCESS TO RECORDS, WITH THE POSSIBLE EXCEPTION OF CASES OF CHILD ABUSE, FOR THE PURPOSE OF STUDENT SAFETY.
FOR DENTAL MEDICAL RECORDS, ONLY THE DENTIST, DENTAL ASSISTANT, AND HYGIENIST WILL HAVE ACCESS.
FORT BEND ISD HEALTH PARTNERS ENTERED INTO A SIGNED LEGAL DATA PROTECTION AGREEMENT WITH FORT BEND TO COMPLY WITH OUR HIGH STANDARDS, AS WELL AS LEGAL REQUIREMENTS UNDER FERPA FOR HIPAA COMPLIANT PROTECTION.
ALL OUR PARTNERS USE SECURE ELECTRONIC HEALTH RECORDS.
THESE INCLUDE ACCESS STIGMA AND FINANCIAL BARRIERS IN ORDER TO HELP REDUCE ACCESS BARRIERS.
OUR MENTAL HEALTH SERVICES ARE CAMPUS BASED AND TAKE PLACE DURING THE SCHOOL DAY, SO THAT PARENTS DON'T HAVE TO TAKE TIME OFF WORK AND STUDENTS DON'T HAVE TO MISS AS MUCH CLASS. WE UNDERSTAND THAT THE CONCERN AROUND SEEKING MENTAL HEALTH CAN RAISE, AND THE STIGMA ASSOCIATED WITH SEEKING AND RECEIVING SUPPORT FOR SERVICES. FOR THIS REASON, WE HOPE TO CONVEY THAT THE PURPOSE OF THE MENTAL HEALTH SUPPORT IS TO HELP INDIVIDUALS DURING A CHALLENGING TIME, LIKE ANY MEDICAL AILMENT SUCH AS SUCH AS DIABETES OR HIGH BLOOD PRESSURE.
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WE WILL HELP FAMILIES FIND WHAT BEST FITS THEIR NEEDS.WE HAVE GRANT FUNDS AVAILABLE FOR STUDENTS AND FAMILIES THAT QUALIFY.
WE OFFER SUPPORT FROM OUR MENTAL HEALTH COUNSELORS IN THE DISTRICT.
FORT BEND ISD'S WHOLE CHILD HEALTH INITIATIVE WAS CREATED TO HELP REMOVE BARRIERS, DECREASE STIGMA AROUND MENTAL HEALTH, AND GROW ACCESS TO SUPPORT AND DEVELOP THE MENTAL, BEHAVIORAL, SOCIAL, EMOTIONAL, AND PHYSICAL HEALTH OF STUDENTS IN FORT BEND ISD.
FORT BEND ISD HAS ALSO HAS PHYSICAL HEALTH PARTNERS.
PHYSICAL HEALTH CHALLENGES OFTEN CAUSE STUDENTS TO BE STUDENTS TO BE ABSENT FROM SCHOOL.
THIS PREVENTS LEARNING IN THE CLASSROOM. IF A STUDENT CAN'T SEE THE BOARD, CAN'T HEAR THE TEACHER, OR HAS A TOOTHACHE, IT AFFECTS THEIR LEARNING.
WE CURRENTLY COLLABORATE WITH THESE PHYSICAL HEALTH PARTNERS TO SUCCEED.
PROJECT SAVING SMILES AND THE IBN-SINA FOUNDATION.
STUDENTS IDENTIFIED BY THEIR NURSE AS FAILING THEIR VISION EXAMS ARE THE ONES THAT ARE TARGETED.
THESE SERVICES ARE AT NO COST TO THE DISTRICT OR FAMILIES.
PROJECT SAVING SMILES OFFERS NO COST. DENTAL SCREENINGS.
SEALANTS, FLUORIDE VARNISH AND ORAL HEALTH EDUCATION FOR OUR SECOND GRADERS AT TITLE ONE CAMPUSES.
THE RIDGEMONT FAMILY CLINIC IS A PARTNERSHIP BETWEEN FORT BEND ISD AND THE IBN-SINA FOUNDATION.
STUDENTS AND THEIR FAMILIES RECEIVE PREVENTATIVE CARE, BASIC MEDICAL TREATMENT FOR INJURIES AND ILLNESS, AS WELL AS DENTAL SERVICES. PARENTS MUST GIVE WRITTEN CONSENT FOR HEALTH SERVICES PROVIDED AT THE CLINIC.
FAMILIES WHO UTILIZE THE RIDGEMONT FAMILY CLINIC ARE BILLED FOR SERVICES JUST AS THEY WOULD FOR ANY OTHER TYPICAL COMMUNITY HEALTH CLINIC USING PRIVATE INSURANCE, MEDICARE, OR A SLIDING SCALE SLIDING SCALE FOR SELF-PAY.
THESE FUNDING SOURCES INCLUDE THE GENERAL FUND 199 BUDGET TITLE ONE TITLE FOR THE VICTIMS OF CRIME ACT GRANT, PRIVATE INSURANCE, MEDICAID AND SELF-PAY. SEE TO SUCCEED.
FORT BEND ISD IS GOING INTO THEIR SIXTH YEAR AND HAS APPLIED FOR THE VICTIMS OF CRIME ACT GRANT.
THESE GRANT FUNDS ARE USED SPECIFICALLY TO SUSTAIN DISTRICT WIDE, CAMPUS BASED MENTAL HEALTH SERVICES FOR OUR STUDENTS AND FAMILIES WHO ARE VICTIMS OF CRIME. THE MENTAL HEALTH SERVICES WILL SPECIFICALLY ADDRESS VICTIMIZATION AND PROVIDE DIRECT VICTIM SERVICES LIKE COUNSELING AND CASE MANAGEMENT, AND OTHER MENTAL HEALTH SUPPORTS TO ELIGIBLE CLIENTS BASED ON THE VICTIM SERVICES PROVIDER INTAKE AND NEEDS ASSESSMENT.
WHEN PARTNER DISTRICT AND GRANT FUNDING ARE USED, THERE IS NO COST TO OUR FAMILIES.
IF GRANT FUNDS ARE UTILIZED, THEN MEDICAID OR INSURANCE ARE NOT USED.
THANK YOU FOR THIS OPPORTUNITY TO SHARE WITH OUR COMMUNITY. LEADERSHIP.
WOULD YOU LIKE US TO ENTERTAIN COMMENTS AT THIS TIME BY THE PUBLIC.
DOES ANYONE HAVE ANY QUESTIONS OR COMMENTS ABOUT THE PRESENTATION?
[00:15:07]
MR.. SHOAFF. MR.. YES, MA'AM. HOW MANY STUDENTS OR DO YOU KNOW HOW MANY STUDENTS HAVE BEEN SEEKING MENTAL HEALTH TREATMENT WITHIN THE DISTRICT? I CAN PROVIDE THAT INFORMATION TO THE BOARD AS A FOLLOW UP.I DON'T HAVE THE NUMBER RIGHT OFF THE TOP OF MY HEAD, AND IT DEPENDS ON IF WE'RE TALKING ABOUT TIER ONE, 2 OR 3 SUPPORT. SO. OKAY. WHAT PERCENTAGE OF STUDENTS WITHIN THE DISTRICT ARE UNINSURED? I DON'T KNOW THAT INFORMATION. OKAY. AND BY ESSENTIALLY CREATING MEDICAL CLINICS, MENTAL HEALTH CLINICS ON CAMPUS WHAT WOULD WHAT WOULD IT PROTECT THE DISTRICT FROM? POSSIBILITIES OF THINGS SUCH AS MALPRACTICE. SO I THINK I'D REFER TO LEGAL SERVICES BECAUSE THEY HELP US WITH THE CONTRACTS AS WELL AS MEMORANDUMS OF UNDERSTANDING.
I THINK THAT'S WORKING. TRUSTEE. SHOOT. THERE ARE A NUMBER OF IMMUNITY DEFENSES AVAILABLE TO THE DISTRICT AND DISTRICT EMPLOYEES, DEPENDING ON THE NATURE OF SOME TYPE OF MALPRACTICE CLAIM THAT SOMEBODY MIGHT BRING.
OKAY. THANK YOU. AND CAN THE DISTRICT LEGALLY BILL AN INSURANCE COMPANY FOR HEALTH CARE SERVICES PROVIDED? SO ACTUALLY THE SERVICES ARE BILLED THROUGH THE ORGANIZATION THROUGH THE PARTNERSHIP.
IT'S NOT DIRECTLY THROUGH THE DISTRICT OR ANYTHING LIKE THAT IS DONE IN SPECIAL EDUCATION SERVICES.
THEY HAVE SPECIFIC CASES WHERE THERE ARE SNAP ELIGIBLE.
SO IN CASES WHERE FAMILIES HAVE THE ABILITY TO PAY THROUGH INSURANCE AND AREN'T VICTIMS OF CRIME OR AREN'T DETERMINED TO BE ELIGIBLE, THEN THEY WOULD USE INSURANCE TO PROVIDE THE SERVICES.
OKAY. SO MY NEXT THING IS GOING INTO STUDENT MEDICAL RECORDS.
OUR STUDENT MEDICAL RECORDS APPLICABLE UNDER THE TEXAS ADMINISTRATIVE CODE.
SO WE HAVE A WE HAVE A SYSTEM WHERE WE KEEP RECORDS RELATED TO STUDENTS.
AND SO I'M UNFAMILIAR WITH YOUR YOUR REFERENCE RIGHT OFF THE TOP OF MY HEAD.
WOULD WE HAVE TO LIKE BASICALLY DUPLICATE MAINTAIN SOME OF THOSE RECORDS? OR COULD WE ALLOW THE OUTSIDE ENTITY TO JUST MAINTAIN THE RECORDS FOR US? AS FAR AS THE PRACTICALITIES OF HOW THAT HAPPENS, I'M UNSURE.
BUT I KNOW THAT CONTRACTUALLY WE BOTH BOTH PARTIES ARE OBLIGATED TO MAINTAIN CONFIDENTIALITY, WHETHER THAT'S UNDER FERPA, UNDER HIPAA OR OTHER RELATED CONFIDENTIALITY PROVISIONS.
OKAY. ALL RIGHT. MY NEXT QUESTION IS DO YOU FEEL THERE'S EVER A CIRCUMSTANCE WHERE THE DISTRICT IS MORALLY OBLIGATED TO WITHHOLD STUDENT MEDICAL RECORDS FROM PARENTS OR LEGAL GUARDIANS? THE ONLY CASE WHERE IT WOULD EVER BE APPLICABLE WOULD BE IF A STUDENT WAS AT RISK.
SAFETY WISE, FROM THE PARENT OR GUARDIAN. CAN YOU EXPLAIN WHAT YOU MEAN BY AT RISK? IN THE CASES OF CHILD ABUSE OR NEGLECT. OKAY.
SO AN ACTUAL CRIMINAL OFFENSE OCCURRING OR COULD OCCUR.
I'M GOING TO REFER TO LEGAL BECAUSE THEY ADVISE US ON THIS PIECE.
OKAY. GENERALLY SPEAKING WHEN A WHEN A CONCERN LIKE THAT IS PRESENTED, WE ARE ADVISING THAT
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PARENTS HAVE A RIGHT TO INFORMATION UNLESS LAW ENFORCEMENT BECOMES INVOLVED.OKAY. SO WITH WITHOUT ACTUAL LAW ENFORCEMENT INVESTIGATION OUR CURRENT SITUATION IS MEDICAL RECORDS WOULD BE RELEASED TO A PARENT OR LEGAL GUARDIAN. GENERALLY SPEAKING.
AND. IS THERE A CIRCUMSTANCE WHERE THE DISTRICT, OR ANY OTHER ENTITY ASSOCIATED WITH THE DISTRICT WOULD BE RELEASING MEDICAL RECORDS TO ANOTHER GOVERNMENT ENTITY WITHOUT A GRAND JURY SUBPOENA? SO THAT'S A VERY SPECIFIC QUESTION THAT I'D HESITATE TO ANSWER IMMEDIATELY.
OKAY. AND WHAT IS WHAT IS THE DISTRICT? DEFINE A MENTAL HEALTH EMERGENCY AS.
CAN YOU TELL ME MORE ABOUT WHAT YOU'RE LEANING TOWARDS THERE? I'LL STATE LAW ESSENTIALLY DEFINES A MENTAL HEALTH EMERGENCY AS BECAUSE OF A MENTAL HEALTH ILLNESS, THERE IS A SUBSTANTIAL RISK OF SERIOUS HARM TO THE PERSON OR TO OTHERS UNLESS THE PERSON IS IMMEDIATELY RESTRAINED.
SO MENTAL HEALTH EMERGENCIES ARE TYPICALLY BASED ON SUICIDAL IDEATION, HARM TO SELF OR OTHERS.
SITUATIONS WHERE THAT MAY ARISE WOULD BE A MENTAL HEALTH EMERGENCY.
SO UNDER UNDER THIS PROGRAM, HOW WOULD AN EMERGENCY DETENTION ORDER BE HANDLED? WOULD IT BE JUST REFERRED TO THE ISD LAW ENFORCEMENT OR BEING THE KID IS ALREADY IN THE ACTIVE CARE OF A MENTAL HEALTH PROVIDER? WOULD IT BE ON THIS THIS PROGRAM TO FIND BEDS IN A MENTAL HEALTH FACILITY OR. I THINK I UNDERSTAND YOUR QUESTION. THANK YOU.
SO ESSENTIALLY, IN THE CASE OF THESE SERVICES.
IN A TYPICAL SITUATION, YOU WOULDN'T HAVE SOMEONE IN AN EMERGENT STATE THERE SEEING THEM NORMALLY, BUT IF AN EMERGENCY ARISES, THEN WE WOULD ACTUALLY FOLLOW OUR PROCEDURES.
TYPICALLY THAT DOES INVOLVE IN SOME CASES THERE MAY BE A NEED FOR LAW ENFORCEMENT.
THERE MAY NOT. WE HAVE A CRISIS TEAM IN THE DISTRICT.
THAT DOESN'T FALL WITHIN MY PURVIEW. SO WE COULD GET FURTHER INFORMATION FROM THEM.
BUT ESSENTIALLY, WE WORK TOGETHER AS A TEAM TO PROVIDE THE BEST SERVICES FOR OUR STUDENTS AND FAMILIES, AND WE MAKE SURE THAT THOSE WORKED WELL WITH BEDS AVAILABLE.
NOW, IN THIS IN WITHIN THIS PROGRAM, WOULD IT ONLY BE LPCS THAT ARE OPERATING OR WOULD IT BE PROCTORED? WOULD WOULD THERE BE PROCTORED LPCS WHO HAVE COMPLETED WHAT IS IT? LPC? I CAN'T REMEMBER. THERE ARE A LOT OF LETTERS, A LOT OF VERSIONS, RIGHT? WOULD IT JUST BE FULL, FULL BLOWN, FULLY LICENSED LPCS OR ANY OTHER VARIANT OF IT? SO THEY WOULD BE FULLY LICENSED PROFESSIONAL COUNSELORS.
THEY MAY HAVE ADDITIONAL LETTERS ON THE END, WHICH MIGHT MEAN THEY CAN SUPERVISE OR OR HAVE OTHER SKILLS OR THINGS THAT THEY'VE OBTAINED. OKAY. OKAY. WELL, ESSENTIALLY MY MY BIGGEST CONCERN IS ENTERTAINING ANY, ANY KIND OF CHANGES THAT COME THROUGH HEALTH CARE SERVICES THAT COULD BE PROVIDED, THAT COULD BE PROVIDED TO A STUDENT WHILE REMAINING CONFIDENTIAL. THE PARENT AND THE PARENT OR LEGAL GUARDIAN.
I VIEW THAT AS A FOURTH AMENDMENT VIOLATION DESPITE THE CIRCUMSTANCE.
EVEN WITH THE EXCEPTION OF IF THERE IS A CURRENT ONGOING CRIMINAL INVESTIGATION WHERE THE DISTRICT HAS BEEN MET BY THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES. BEING A EVEN IF THERE IS AN INVESTIGATION OR THERE IS CRIMINAL ACTIVITY, ALL THOSE RECORDS WOULD BE RELEASED TO THE GUARDIAN OR ACCUSED WITHIN THE DISCOVERY PHASE.
PHASES OF A CRIMINAL PROCEEDING. SO I FIND IT VERY CONCERNING IN ANY CIRCUMSTANCE WITHHOLDING
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ANY DOCUMENTATION AT ALL, INCLUDING MEDICAL RECORDS, ANY KIND OF STUDENT RECORDS FROM THE PARENTS.SO THAT'S ONE OF MY BIG CONCERNS. AND I'M WONDERING YOU KNOW, IS THERE IT FEELS LIKE THAT'S KIND OF THE DIRECTION THAT THIS IS ALL GOING TO GO IF WE JUST LET THIS GO FREE.
IN ANY WAY THAT YOU COULD ALLEVIATE MY CONCERNS WITH THAT.
AND I'VE GOT A LOT OF STAKEHOLDERS THAT THAT'S THEIR CONCERN ALSO.
THANK YOU FOR BRINGING THAT UP, ESPECIALLY IF IT'S A CONCERN FOR YOU OR ANYONE ELSE.
SO THE IDEA BEHIND THESE SERVICES IS TO MEET THE NEEDS OF OUR KIDS, MEET THE NEEDS OF OUR FAMILIES THAT MIGHT NOT OTHERWISE BE ABLE TO RECEIVE THESE SERVICES ELSEWHERE, OR TO AVOID MISSING SCHOOL. THE IDEA IS NOT TO DISENGAGE A PARENT.
IT'S ACTUALLY TO PARTNER WITH THE FAMILIES. WE WANT TO MAKE SURE THAT WE ARE HAND IN HAND, WORKING TOGETHER TO HELP STUDENTS AND FAMILIES TO HAVE THE BEST OUTCOMES FOR THEIR FUTURE.
SO BY NO MEANS ARE WE EVER WANTING TO EXCLUDE A FAMILY.
OKAY. DO YOU. WHERE DO YOU FEEL THAT THERE'S A CONFLICT WITH FEDERAL LAW, VOCA AND TEXAS STATE LAW WHEN IT COMES TO WHEN STUDENT RECORDS OR STUDENT MEDICAL RECORDS CAN BE WITHHELD FROM THE PARENTS.
SO I ACTUALLY THINK, AND THIS IS A LITTLE BIT OF AN ASSUMPTION ON MY PART.
SO FORGIVE ME IF I'M WRONG, BUT MY FEELING IS THE FACT THAT WE ARE REQUIRED TO HAVE A PUBLIC HEARING TO SHARE THESE SPECIFIC PIECES OF INFORMATION, BECAUSE WE ARE MAKING A CHANGE WITH A FEW OF THE PROVIDERS THAT PROVIDE THESE SERVICES TO OUR FAMILIES, THAT THAT RISES TO THE SURFACE BECAUSE WE'RE REQUIRED AS PART OF THIS HEARING, TO INCLUDE WHAT RECORDS WE MIGHT NOT DISCLOSE.
ALL WE AREN'T DISCLOSING IS WHAT'S REQUIRED BY LEGAL REQUIREMENTS, NOT ANYTHING ADDITIONAL.
AND MR. WILBANKS, IS THAT ACCURATE? THAT'S CORRECT.
SO WE DO SHARE YOUR CONCERNS. I MEAN, OUR OUR DISTRICT, OUR PRIORITY IS PROTECTING STUDENTS.
AND THAT MEANS KEEPING PARENTS INVOLVED AND INFORMED.
AND SO WE WOULD ONLY BASICALLY WE TRAIN OUR PRINCIPALS AND PRINCIPALS AND OUR STAFF THAT YOU'RE NOT WITHHOLDING SOMETHING FROM A PARENT UNLESS YOU'VE REACHED OUT AND WE HAVE A DIRECT, SPECIFIC REVIEW OF THAT CERTAIN SITUATION, AND WE'RE ABLE TO POINT TO THE TO THE LETTER OF THE LAW TO WITHHOLD THAT AT THAT POINT.
AND THAT IS THAT'S A RARE OCCASION I CAN ONLY THINK OF.
I CAN'T THINK OF AN INSTANCE WHERE THAT'S HAPPENED IN OUR TENURE.
THE PRIMARY ONE. WELL, I MEAN, THE BIG THE BIG CONCERN, THE BIG ELEPHANT IN THE ROOM IS IN OTHER STATES WITHIN THE UNITED STATES MENTAL HEALTH HAS BEEN THE PATHWAY FOR STUDENTS TO OBTAIN MEDICAL PROCEDURES WITHOUT THE EFFECTIVE CONSENT OF THE PARENT AND MINOR STUDENTS.
AND I THINK THAT IT I THINK THAT'S INCREDIBLY MORALLY WRONG.
AND I FEEL THAT NOW THAT THIS HAS BEEN PUT ON THE AGENDA, THAT TYPE OF SCENARIO NEEDS TO BE ABSOLUTELY LOCKED TIGHT AND TO WHERE IT CAN NEVER HAPPEN IN THE DISTRICT.
AND IT HAS AND THAT HAS HAPPENED IN FORT BEND COUNTY.
I KNOW OF TWO INSTANCES WHERE WHERE A CHILD HAS UNDERGONE A MEDICAL PROCEDURE, THAT THE EFFECTIVE CONSENT OF THE PARENTS WITHIN OUR OWN COUNTY IN THE LAST 13 YEARS. SO IT HAS HAPPENED IN TEXAS. AND, YOU KNOW, THERE ARE ALL, I MEAN, ANY NUMBER OF RELIGIOUS REASONS WHY PEOPLE WOULDN'T WANT CERTAIN MEDICAL PROCEDURES DONE EVEN IN AN EMERGENCY SITUATION.
THERE ARE RELIGIONS THAT DON'T BELIEVE IN BLOOD TRANSFUSIONS AND, WELL, BLOOD TRANSFUSION COULD BE ACT COULD BE PERFORMED UNDER AN IMPLIED CONSENT CASE IN AN EMERGENCY. YOU KNOW, I FEEL THAT WE NEED TO MAKE SURE THAT THOSE HOLES ARE CLOSED.
AND I ALSO FEEL THAT THE POTENTIAL CONFLICTS BETWEEN VOCA AND PERFORMANCE REQUIREMENTS OF THE TEXAS BOARD POLICY, FFA, PRIMARILY ARISE FROM THE DIFFERING FOCUSES AND MANDATES OF THE TWO REGULATIONS.
SO IT JUST IT SEEMS LIKE WE WITHOUT CLOSING THAT DOOR.
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WE NO LONGER HAVE THE FREEDOM TO GIVE PARENTS ALL INFORMATION UNRESTRICTED.JUST TO CLARIFY, THE VICTIMS OF CRIME ACT GRANT IT IS ONLY FUNDING FOR THE MENTAL HEALTH SERVICES.
IT'S NOT RELATED TO PHYSICAL HEALTH SERVICES IN CASE THAT'S VALUABLE INFORMATION.
RIGHT. BUT THERE'S BEEN CIRCUMSTANCES WHERE THEY WHERE MENTAL HEALTH SERVICES HAVE BEEN USED AS THE PRIMARY REASONING FOR ANOTHER MEDICAL PROCEDURE, YOU KNOW, AND IT'S BEEN MASKED UNDER MENTAL HEALTH, YOU KNOW, SITUATIONS WHERE A PROCEDURE MIGHT BE DEEMED NECESSARY FOR THE BEST INTEREST OF THE CHILD'S MENTAL HEALTH OR MENTAL WELL-BEING.
THAT HAS HAPPENED IN OUR IN OUR COUNTRY NUMEROUS TIMES.
IT'S HAPPENED IN OUR STATE AND IT'S HAPPENED.
YEAH. WELL, TRUSTEE SCHOOF, I HAVEN'T LOOKED AT THE INTERPLAY OF ALL THE LAWS THAT YOU CITED.
I THINK WHAT I WOULD GENERALLY SAY TO YOU, MY UNDERSTANDING IS ALMOST ALL OF THESE LAWS THAT HAVE PRIVACY PROTECTIONS IN MEDICAL RECORDS, WHETHER OR WITHIN FERPA FOR EDUCATION RECORDS, HAVE HEALTH AND SAFETY EXCEPTIONS.
AND I I SUSPECT THAT IF I LOOK AT THE INTERPLAY OF ALL THOSE LAWS THAT PARENTS WILL HAVE AN ENTITLEMENT TO SEE ALL THESE RECORDS EXCEPT IN THE CIRCUMSTANCE WHERE THE HEALTH AND SAFETY CONCERN IS THAT THE PARENT OR GUARDIAN THEMSELVES POSE A RISK TO THE STUDENT. AND AS MR. WILBANKS WAS SUGGESTING IN RESPONSE TO YOUR QUESTION, I SUSPECT THAT THAT ONLY REALLY BECOMES AN ISSUE WHERE THERE IS SOME REAL SUPPORT FOR THE CONCERN AND LAW ENFORCEMENT IS INVOLVED, AND LAW ENFORCEMENT SUPPORTS THAT.
THAT'S A VALID CONCERN. I THINK THAT THE TYPES OF SITUATIONS WHERE PRIVATE HEALTH CARE PROVIDERS HAVE PROVIDED MEDICAL CARE TO STUDENTS WITHOUT PARENTAL CONSENT, WHICH I WOULD THINK WOULD BE REMARKABLE.
SO I'D HAVE TO CONFIRM ALL THOSE INTERPLAYS OF THOSE LAWS.
BUT GENERALLY, I THINK THAT'S HOW IT SHAKES OUT.
OKAY, SO ANOTHER ANOTHER QUESTION. I'VE BEEN I'VE BEEN A LAW ENFORCEMENT OFFICER FOR 14 YEARS.
IN THOSE TYPES OF CIRCUMSTANCES WHERE A CHILD MAKES A CONCERN OR MAKES A STATEMENT WHERE WHICH RAISES CONCERN THAT THE PARENTS MIGHT BE MAYBE OR MAY NOT BE COMMITTING A CRIMINAL ACT AGAINST THE CHILD. WHAT IS WHAT IS THE CRITERIA TO WHERE IT IS ACTUALLY CONSIDERED VIABLE VERSUS I MEAN, I'VE SEEN A LOT OF TIMES IN MY CAREER WHERE CERTAIN OUTCRIES WERE MADE THAT SIX MONTHS DOWN THE ROAD, THE STORY HAS CHANGED AND THE ACCUSATION IS, WELL, I ACTUALLY SAID THAT BECAUSE I WAS UPSET AT THIS PERSON BECAUSE OF THAT. HOW HOW WOULD THE MENTAL HEALTH PROFESSIONALS WEED BETWEEN THE THE TWO DIFFERENCES? YEAH, MY GUESS IS AND I'LL JUST GIVE YOU A SCENARIO.
I SUSPECT WHAT HAPPENS UNDER THOSE CIRCUMSTANCES, THAT THERE WOULD BE OUTREACH TO LAW ENFORCEMENT.
AND TO ANSWER YOUR QUESTION, THE DISTRICT OFFICIALS WOULD LIKELY BE GUARDED BY LAW ENFORCEMENT.
IF LAW ENFORCEMENT CAME TO THE CONCLUSION THAT TO SHARE PROGRESS NOTES, FOR INSTANCE, THAT REVEALED WHAT THE STUDENT HAD SAID, THEY MAY SAY TEMPORARILY, DON'T PROVIDE THAT TO THE PARENT, BECAUSE IF THE PARENT KNOWS THEY'RE STILL IN A CIRCUMSTANCE WHERE THEY CAN TAKE RETALIATE AGAINST THE CHILD FOR SHARING THE INFORMATION WITH THE EDUCATOR.
BUT BUT ALL THOSE SITUATIONS WOULD PROBABLY HAVE TO BE DETERMINED ON A CASE BY CASE BASIS, DETERMINED ON THE FACTUAL EVIDENCE YOU HAVE AND WITH THE GUIDANCE OF INVOLVED LAW ENFORCEMENT.
SO I'M GOING TO I'M GOING TO JUMP IN IN THE INTEREST OF TIME, BECAUSE I THINK WE'RE VEERING WAY OFF THE PATH HERE, BECAUSE THIS HEARING IS BECAUSE WE ARE MANDATED TO HAVE THIS HEARING, AND YOU GUYS ARE MANDATED TO GIVE US ALL OF THAT INFORMATION.
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AND JUST IN THE INTEREST OF TIME, I'M GOING TO MOVE US FORWARD.SO THANK YOU GUYS FOR FOR THAT ENGAGEMENT. MISS JONES, DID YOU HAVE SOMETHING? YEAH. OKAY. GO AHEAD. OKAY. WE'RE ON THE SAME TOPIC, RIGHT? WE'RE ON THE SAME TOPIC. OKAY. I JUST DON'T WANT US TO VEER OFF.
AND IT'S A CASE BY CASE BASIS. AND, YOU KNOW, GOING THROUGH HYPOTHETICALS, I THINK IS IS JUST NOT GOING TO GET US WHERE WE NEED TO BE TONIGHT. SO OKAY. SO MY FIRST QUESTION, YOU'RE SAYING THAT YOU'RE EXPANDING HEALTH SERVICES.
WHAT ARE YOU EXPANDING? WHAT MODALITIES ARE YOU EXPANDING TO.
SO IT'S ACTUALLY A CHANGE OR EXPANSION TO SERVICES.
AND SO THERE ARE NEW PROVIDERS ON THE LIST, THE SAME PROVIDERS THAT HAVE BEEN ON THE LIST, INVACARE AND CLEAR HOPE COUNSELING. BUT DEPELCHIN AND ONE OF THE OTHER ONES AND DAYBREAK COUNSELING ARE NEW TO THE DISTRICT. OKAY.
OKAY. NOW SINCE WE'RE TALKING ABOUT RECORDS OUR PARENTS INFORMED OF THEIR WAIVER OF RIGHTS TO THEIR CHILD'S MEDICAL RECORDS IN CASES OF CHILD ABUSE WHEN THEY'RE GIVING THEIR CONSENT TO TREATMENT, ARE THEY ARE TOLD IN THE PAPERWORK THAT YOUR RIGHTS ARE LIMITED, WITH THE EXCEPTION OF THIS SITUATION.
IS IT THERE? DO THEY KNOW? THAT'S A GOOD QUESTION.
I'D ACTUALLY HAVE TO LOOK AND I CAN PROVIDE THAT INFORMATION TO THE BOARD.
OKAY. AND HOLD ON. LET ME MARK MY QUESTIONS OFF HERE.
AND MY OTHER QUESTION IS WE'RE TALKING ABOUT GRANT FUNDING.
IS THERE A GRANT BUDGET THAT YOU SUBMIT EVERY YEAR TO VOCA? YES. WE WORK WITH THE WITH THE GRANTS DEPARTMENT, AND WE SUBMIT A PLAN FOR HOW WE WANT TO ACTUALLY UTILIZE THE SERVICES AND HOW MUCH WE'RE REQUESTING. OKAY. IS THAT GRANT IS THAT BUDGET SHARED WITH THE BOARD? I FEEL LIKE WE'VE SHARED IT IN THE PAST, BUT I COULDN'T GIVE YOU THE DATE OF THE LAST TIME WE'VE SHARED IT, SO WE ARE HAPPY TO DO SO. YES, PLEASE. OKAY. AND WHAT IS GENERALLY A BALLPARK FIGURE OF THE GRANT FUNDING THAT WE RECEIVE FROM VOCA? OVER THE LAST FIVE YEARS, IT HAS RANGED FROM OVER $1 MILLION AND DOWN INTO 300,000 AND CHANGE. OKAY. ALL RIGHT.
WELL, THANK YOU VERY MUCH FOR ANSWERING MY QUESTIONS.
THANK YOU, MISS JONES. AND JUST I THINK ON PAGE TWO OF THE BOARD MEMBER RESPONSES, I ASKED THE SAME QUESTION AND I THINK THAT CHART. OKAY, I THINK THAT CHART GIVES THE BUDGET ON PAGE TWO.
SO IF THAT'S NOT ALL THAT YOU NEED, THEN WE CAN DIG INTO IT A LITTLE MORE.
BUT I HAD THE SAME QUESTION AND SEND IT IN. SO OKAY.
SO NOW I'M GOING TO MOVE ON TO PUBLIC COMMENT.
DO WE HAVE ANYONE IN THE PUBLIC WHO WOULD LIKE TO COMMENT ON THIS HEARING? OKAY. THANK YOU, DOCTOR WESTBROOK. MISS TOWSON.
IS THAT WHAT YOU'RE ASKING? THE VOCA AWARDS? YEAH, IT'S ON PAGE 238 IF YOU HAVE A PAPER COPY.
OKAY. AND IT HAS THE AWARDED FUNDS AND THE TOTAL EXPENDITURES.
YEAH. OKAY. THANK YOU. OKAY. WITH THAT MAY I HAVE A MOTION TO ADJOURN? I MOVE TO ADJOURN. WE ARE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.