Georgia 2023 2023-2024 Regular Session

Georgia House Bill HB963 Introduced / Bill

Filed 01/22/2024

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House Bill 963
By: Representatives Scott of the 76
th
, Davis of the 87
th
, and Schofield of the 63
rd
 
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
1
Annotated, relating to the health of elementary and secondary school students, so as to2
provide for a pilot program involving students in grades kindergarten through five in up to3
ten pilot schools during the 2025-2026, 2026-2027, and 2027-2028 school years; to provide4
for certain school mental health professionals at pilot schools; to provide for services by5
school mental health professionals; to provide for a pilot program coordinator and evaluator;6
to provide for definitions; to provide for related matters; to provide for a short title; to7
provide for legislative findings; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
This Act shall be known and may be cited as the "Georgia K-5 Social and Emotional Health11
Act."12
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SECTION 2.
13
The General Assembly finds that:14
(1) School mental health professionals, including school counselors, school15
psychologists, and social workers, positively impact the school environment by working16
with students and their families to identify student issues such as safety net insecurities,17
social and emotional skills deficits, instances of abuse and neglect, and mental health18
challenges;19
(2)  Identifying such student issues as early as possible increases the likelihood that20
problems can be resolved successfully and in a manner that decreases long-term problems21
related to student learning and other barriers to student success in the future;22
(3)  A pilot program that ensures school mental health professionals are present in every23
pilot program school will allow the team of school mental health professionals, in24
partnership with school administrators, teachers, and other school personnel, to provide25
needed support for young students and their families at a critical time in their education;26
(4)  A significant goal of the pilot program is to ensure that elementary school students27
receive the right level of necessary services, in the right place, and at the right time;28
(5)  Receiving the right level of services, in the right place, and at the right time helps29
remove the burden placed on teachers to be everything to a student, from therapist to30
family counselor, and instead allows teachers to return to their primary task of teaching;31
(6)  The pilot program will enable parents, students, school administrators, teachers, and32
other school personnel, along with school mental health professionals, to create a safe,33
positive, and successful school; and34
(7)  The creation and successful implementation of a Georgia K-5 Social and Emotional35
Health Pilot Program could have a profound impact on the early educational and social36
experiences of kindergarten through fifth-grade students, resulting in those students37
advancing to middle and high school programs with fewer social, emotional, and38
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behavioral issues; adverse childhood experiences; disciplinary referrals and delinquent
39
conduct; school absences and truancy; and incidences of self-harm.40
SECTION 3.41
Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,42
relating to the health of elementary and secondary school students, is amended by revising43
Code Section 20-2-771.1, which is reserved, as follows:44
"20-2-771.1.45
(a)  As used in this Code section, the term:
46
(1)  'Department' means the Department of Education.47
(2)  'Pilot program' means the K-5 Social and Emotional Health Pilot Program created48
pursuant to this Code section.49
(3)  'Pilot school' means a school selected by the department to participate in the pilot50
program.51
(4)  'School counselor' means a school counselor who holds a certificate, permit, or other52
certification document, including clearance certificates, issued by the Professional53
Standards Commission.54
(5)  'School system' means any county school system or independent school system in this55
state.56
(6)  'School mental health professional' means a school counselor, school psychologist,57
or school social worker.58
(7)  'School psychologist' means a school psychologist who holds a certificate, permit, or59
other certification document, including clearance certificates, issued by the Professional60
Standards Commission.61
(8)  'School social worker' means a school social worker who holds a certificate, permit,62
or other certification document, including clearance certificates, issued by the63
Professional Standards Commission.64
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(b)(1) Subject to appropriations, the State Board of Education shall establish and65
implement the K-5 Social and Emotional Health Pilot Program to determine the impact66
of dedicated school mental health professionals in kindergarten through fifth grade that67
have high-poverty, high-need students.  The pilot program shall be implemented within68
pilot schools and administered by the department.  Operation of the pilot program shall69
begin in the 2025-2026 school year and continue through the conclusion of the70
2027-2028 school year unless the repeal of the pilot program is extended by the General71
Assembly.  Pursuant to subsection (e) of this Code section, the department shall employ72
or contract with a pilot program coordinator and shall contract for preliminary and final73
evaluations of the pilot program.  The State Board of Education shall promulgate rules74
and regulations for the implementation of this Code section.75
(2)  No later than January 1, 2025, the department shall select up to ten pilot schools to76
participate in the pilot program.  If available appropriations and gifts, grants, or donations77
are insufficient to fully fund the pilot program, the department may select fewer than ten78
pilot schools to participate in the pilot program.  The department shall select pilot schools79
that exhibit the characteristics set forth in paragraph (3) of this subsection and that are80
appropriate test schools to evaluate the impact and effectiveness of the pilot program. 81
The pilot schools must demonstrate a willingness to participate in the pilot program and82
to collect the data and information necessary for evaluation of the pilot program.83
(3)  The department shall select pilot schools that are geographically diverse, including84
schools from rural and small communities, which schools shall be located in a school85
system that has a higher rate of youth suicide, attempted suicide, or suicidal ideation;86
have a high-poverty student population and a high percentage of students who experience87
or may experience food insecurity, as evidenced by the number or percentage of students88
in the school who are eligible for free and reduced priced meals; and may include89
schools:90
(A)  In large, metropolitan school systems;91
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(B)  That have significant ethnic, cultural, and language diversity within their student92
populations, which may include students from refugee populations;93
(C)  That have a high number or density of youth who are placed in a foster family94
home, child care institution, or another substitute care setting approved by the95
Department of Human Services;96
(D)  That are in a school system that has a high percentage of students who are97
adjudicated delinquent; and98
(E)  That are in a school system that has a plan in place to recruit, hire, and retain a99
diverse workforce that reflects the race, ethnicity, and other characteristics of the100
student body.101
(4)  Prior to a selected school implementing the pilot program pursuant to this Code102
section, the school shall notify parents of students at the school of the school's selection103
as a pilot school.104
(c)(1)  In the first and subsequent years of operation of the pilot program, each pilot105
school shall employ or contract with additional school mental health professionals so that106
each grade kindergarten through five in each pilot school has a school mental health107
professional dedicated to that grade.  If a single grade has more than 250 students,108
additional school mental health professionals must be added to the grade to maintain a109
ratio of approximately one school mental health professional per 250 students, as110
determined by the pilot school.  A pilot school with fewer than 250 students in a single111
grade may combine multiple grades, provided that the school maintains a ratio of112
approximately one school mental health professional per 250 students, as determined by113
the pilot school.  At least one of the school mental health professionals at each pilot114
school shall be a school social worker.115
(2)  The goals of the pilot program are for a school mental health professional to develop116
an ongoing relationship with pilot school students; to follow those students, to the extent117
possible, as they advance through the grades at the pilot school; and to understand the118
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needs of the students and their families over time and to help address those needs, if119
necessary.  To achieve these goals, school mental health professionals may be assigned120
to a cohort of students by grade or, in a smaller school, by multiple grades.  School121
mental health professionals in each pilot school shall work as a team to address the122
academic, social, and emotional needs of their students and to create a safe and positive123
school learning environment through appropriate behavioral health supports.124
(3) For purposes of implementing this pilot program, the General Assembly shall125
appropriate to the department for distribution to the pilot schools, or to the governing126
body for a pilot school, the amount necessary for the pilot schools to employ or contract127
with the additional school mental health professionals necessary to implement the pilot128
program, as described in paragraph (1) of this subsection.  Throughout the duration of the129
pilot program, the pilot school must employ or contract with, at the pilot school's130
expense, the same number of school mental health professionals employed by or131
contracted with the pilot school during the 2024-2025 school year so that the132
appropriation to the pilot school for the pilot program supplements, but does not supplant,133
the pilot school's existing expenditures for school mental health professional positions134
prior to the operation of the pilot program.135
(d)(1)  In implementing the pilot program, school mental health professionals shall work136
as a team, with each professional providing services to students and offering training and137
resources to school administrators, teachers, and other school personnel as appropriate.138
(2)  School mental health professionals shall, consistent with the school mental health139
professional's job duties, professional license, and certificate from the Professional140
Standards Commission:141
(A)  Provide the pilot school with resources to develop and improve the social and142
emotional health of students, including resources translated into the primary languages143
of the student population to the extent possible, and create a safe and positive learning144
environment through appropriate behavioral health supports; and145
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(B)  Provide social and emotional skills training in the pilot school and with students146
in the classroom.147
(3)  School mental health professionals may, consistent with the school mental health148
professional's job duties, professional license, and certificate from the Professional149
Standards Commission:150
(A)  Assist students and their families with applying for and obtaining necessary public151
benefits for which they are or may be eligible;152
(B)  Provide services and supports to students who have an individualized education153
program, as provided in Code Section 20-2-152;154
(C)  Consult and coordinate with school administrators, teachers, and other school155
personnel on behalf of students and support families accessing community based156
resources as appropriate; and157
(D)  Identify food insecurity, homelessness, and other issues affecting students and158
make referrals to services within the community, bringing the services into the school159
setting where possible.160
(4)  As appropriate and to the extent possible, school mental health professionals shall161
provide services or arrange for services to be provided for students at the pilot school162
during school hours or when student transportation is available.163
(5)  Services provided by a school mental health professional to a student must include164
the student's family and household, where appropriate. The school mental health165
professional is specifically authorized to make home visits, when appropriate under the166
circumstances and consistent with the school mental health professional's job duties,167
professional license, and certificate from the Professional Standards Commission.168
(6)  Each pilot school's team of school mental health professionals shall participate in the169
school's or school system's multi-tiered system of support process to develop appropriate170
plans for the mental health and behavioral needs of individual students.171
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(7)  Each pilot school, or each pilot school's governing body where appropriate, shall172
collect, transmit, and retain any data and information necessary for the evaluations of the173
pilot program pursuant to this Code section.  Each pilot school shall record a unique174
student identifier for all students enrolled in that school.175
(8)  A student who participates in a home study program as provided in subsection (c) of176
Code Section 20-2-690 and who participates in extracurricular activities or athletic177
programs at a pilot school is excluded from any data collection or reporting requirements178
pursuant to this Code section.179
(e)(1)  The department shall employ or contract with a pilot program coordinator to180
oversee the implementation of the pilot program across the pilot schools.  The pilot181
program coordinator shall be a school social worker who shall work with each pilot182
school's team of school mental health professionals.  The duties of the pilot program183
coordinator shall include, at a minimum, the following:184
(A) Coordinating data collection and program evaluation requirements with a185
professional program evaluator retained pursuant to this subsection;186
(B)  Serving as a contact person and resource the school mental health professional187
teams in the pilot schools;188
(C)  Helping pilot schools identify successful practices for recruiting and retaining189
school mental health professionals;190
(D)  Sharing best practices relating to the pilot program and its implementation at the191
pilot schools; and192
(E)  Ensuring fidelity to the goals of the pilot program across the pilot schools.193
(2) The department shall select a professional program evaluator to perform a194
preliminary evaluation of the pilot program to be completed on or before September 1,195
2025, and a final evaluation of the pilot program to be completed on or before196
September 1, 2028.  The department shall select an evaluator who has the knowledge and197
skills necessary to evaluate the effectiveness of services provided by the pilot program198
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and the resulting impacts and outcomes on the student cohorts participating in the pilot199
program.  The department shall contract with the evaluator prior to the implementation200
of the pilot program in the pilot schools during the 2024-2025 school year to create a201
process for the collection and transmission of data and information to the evaluator to202
ensure that the evaluator has the data and information necessary to complete the203
preliminary and final evaluation reports concerning the impacts and outcomes of the pilot204
program.  The pilot program evaluator, in conjunction with the department, shall select205
a group of schools that have characteristics and student demographics similar to those of206
the pilot schools to serve as a control group for purposes of evaluating the impacts and207
outcomes of the pilot program on participating students in the pilot schools.  Data208
collected for pilot schools and control group schools must include data from school209
climate surveys for any grade in which such surveys have been taken.210
(3)  The pilot program evaluator shall determine the impact of the pilot program on211
students' academic, mental, social, emotional, and physical health and well-being.  The212
evaluator shall collect and analyze data relating to student and school outcomes, which213
outcomes may include:214
(A)  The increase or decrease in students' disciplinary referrals, either within the pilot215
school or the pilot school's system if relevant, or with law enforcement, and the increase216
or decrease in students being adjudicated delinquent within the pilot school's system;217
(B)  The increase or decrease in students' lost instruction time due to disciplinary action218
or visits to the school nurse or school counselor;219
(C)  The increase or decrease in excused and unexcused absences and truancy;220
(D)  The increase or decrease in overall student performance on state-wide assessments,221
by grade;222
(E)  The increase or decrease in each student's grade point average, by grade;223
(F)  The impact on the school's learning environment and changes to the school climate224
during the operation of the pilot program;225
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(G)  The reduction in adverse childhood experiences or the positive resolution of226
adverse childhood experiences, if available;227
(H)  The reduction in youth suicides and attempted suicides;228
(I)  The increase or decrease in the pilot schools' awareness of or involvement with229
domestic violence or child abuse issues affecting students;230
(J)  The increase or decrease in access to supportive services for students and their231
families, as evidenced by:232
(i)  The increase or decrease in the number or percentage of students identified as233
eligible for free or reduced price meals, by grade;234
(ii)  The increase or decrease in employment outcomes for students' families;235
(iii)  The increase or decrease in students' food security as demonstrated by an236
increase or decrease in the number or percentage of students participating in the237
federal Supplemental Nutrition Assistance Program; and238
(iv) The increase or decrease in the number or percentage of eligible students239
accessing public benefits; and240
(K)  Any other relevant data and information relating to the pilot program's impacts and241
outcomes as determined by the pilot program evaluator.242
(4)  The department and the pilot schools shall cooperate fully with the pilot program243
evaluator's collection and analysis of data and information relating to the pilot program's244
impacts and outcomes.  The department, pilot schools, pilot program coordinator, and245
pilot program evaluator shall comply with all state and federal laws relating to the246
confidentiality of students' academic and medical records and shall provide aggregated247
data where appropriate.248
(f)  The department may seek, accept, and expand gifts, grants, or donations from private249
or public sources for the purposes of this Code section. Reserved."250
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SECTION 4.
251
All laws and parts of laws in conflict with this Act are repealed.252
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