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Kansas House Bill HB2669

Kansas 2023-2024 Regular Session

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11 Session of 2024
22 HOUSE BILL No. 2669
33 By Committee on Health and Human Services
44 Requested by Representative Landwehr
55 2-1
66 AN ACT concerning behavioral health; relating to the Kansas department
77 for aging and disability services; codifying the mental health
88 intervention team program in state statute; requiring the department to
99 oversee implementation of the program; establishing structures for
1010 partnership between community mental health centers and school
1111 districts; providing for coordination of mental health services to
1212 students.
1313 Be it enacted by the Legislature of the State of Kansas:
1414 Section 1. (a) Sections 1 through 5, and amendments thereto, shall be
1515 known and may be cited as the mental health intervention team program
1616 act.
1717 (b) As used in the mental health intervention team program act:
1818 (1) "Community mental health center" means a center organized
1919 pursuant to article 40 of chapter 19 of the Kansas Statutes Annotated, and
2020 amendments thereto, or a mental health clinic organized pursuant to article
2121 2 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
2222 References to "community mental health center" shall also include other
2323 provider categories as authorized by the department to serve as a
2424 partnering provider under the mental health intervention team program act,
2525 except in section 3(d)(3), and amendments thereto.
2626 (2) "Department" means the Kansas department for aging and
2727 disability services.
2828 (3) "School district" means a school district as defined in K.S.A. 72-
2929 5132, and amendments thereto, or "qualified school" as defined in K.S.A.
3030 72-4352, and amendments thereto.
3131 Sec. 2. (a) There is hereby established the mental health intervention
3232 team program. Such program shall be a continuation of the mental health
3333 intervention team pilot program first established pursuant to section 1 of
3434 chapter 57 of the 2018 Session Laws of Kansas and K.S.A. 72-9943 and
3535 continued and expanded through subsequent appropriation acts of the
3636 legislature.
3737 (b) The purposes of the mental health intervention team program are
3838 to:
3939 (1) Provide greater access to behavioral health services for students
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7575 enrolled in kindergarten or any of the grades one through 12 and establish
7676 a coherent structure between school districts and community mental health
7777 centers to optimize scarce behavioral health resources and workforce;
7878 (2) identify students, communicate with families and link students
7979 and their families to the statewide behavioral health systems and resources
8080 within the network of community mental health centers;
8181 (3) alleviate the shortage of staff with specialized degrees or training
8282 such as school counselors, psychologists and social workers and reduce the
8383 competition for such staff between school districts and other private and
8484 governmental service providers to provide broader-based and collaborative
8585 services to students, especially in rural districts that do not have enough
8686 students to justify a full-time staff position;
8787 (4) provide and coordinate mental health services to students
8888 throughout the calendar year, not only during school hours over nine
8989 months of the school year; and
9090 (5) reduce barriers that families experience to access mental health
9191 services and maintain consistency for a child to attend recurring sessions
9292 and coordination between the child's classroom schedule and the provision
9393 of such services.
9494 (c) The program shall focus on the following students:
9595 (1) Any student who has been adjudicated as a child in need of care
9696 and is in the custody of the secretary for children and families or has been
9797 referred for a families first program or family preservation program; and
9898 (2) any other student who is in need of mental health support
9999 services.
100100 (d) The secretary for aging and disability services shall appoint a
101101 mental health intervention team program manager and, within the limits of
102102 appropriations therefor, such additional staff as necessary to support such
103103 manager.
104104 Sec. 3. (a) The Kansas department for aging and disability services
105105 shall oversee and implement the mental health intervention team program
106106 in accordance with the requirements of the mental health intervention team
107107 program act and the policies and procedures established by the department
108108 pursuant to such act.
109109 (b) In each school year, the board of education of a school district
110110 may apply to the department to establish or maintain a mental health
111111 intervention team program within such school district. The application
112112 shall be in such form and manner as the department requires and submitted
113113 at a time determined and specified by the department. Each application
114114 submitted by a school district shall specify the community mental health
115115 center that the school intends to coordinate with to provide school-based
116116 services to students who need assistance during the applicable school year.
117117 The school district shall provide notice to the community mental health
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161161 center no later than June 1 of their intent to partner for the following
162162 school year. The Kansas department for aging and disability services shall
163163 establish an application review committee that shall include
164164 representatives from the association of community mental health centers of
165165 Kansas and the department of education.
166166 (c) (1) If a school district and community mental health center are
167167 approved to establish or maintain a mental health intervention team
168168 program, the school district shall enter into a memorandum of
169169 understanding with a partnering community mental health center. If the
170170 school district chooses to partner with more than one community mental
171171 health center, the school district shall enter into a separate memorandum of
172172 understanding with each such community mental health center. The
173173 department may establish requirements for a memorandum of
174174 understanding, including contractual provisions that are required to be
175175 included in each memorandum of understanding and that are optional and
176176 subject to agreement between the school district and the community
177177 mental health center. Each memorandum of understanding shall be
178178 submitted to the department for final approval.
179179 (2) The department may authorize another category of provider other
180180 than a community mental health center to serve as a partnering provider
181181 under the mental health intervention team program act. Such category of
182182 provider shall provide the required services and otherwise meet the
183183 requirements of a partnering community mental health center under the
184184 act. If the department authorizes another category of provider other than a
185185 community mental health center, the department shall provide notification
186186 of this decision to the community mental health center that provides
187187 services in that county.
188188 (d) (1) Subject to appropriations therefor, a school district and
189189 community mental health center that have been approved by the
190190 department to establish or maintain a mental health intervention team
191191 program shall be eligible to receive a mental health intervention team
192192 program grant and a community mental health center pass-through grant.
193193 (A) Except as provided in subsection (e), the amount of a school
194194 district's mental health intervention team program grant shall be
195195 determined in each school year by calculating the total amount of the
196196 salary and fringe benefits paid by the school district to each school liaison.
197197 (B) The amount of a school district's community mental health center
198198 pass-through grant shall be an amount equal to 50% of the amount of the
199199 school district's mental health intervention team grant. Moneys provided to
200200 a school district for the community mental health center pass-through
201201 grant shall be paid to any community mental health center that partners
202202 with the school district.
203203 (2) If the amount of appropriations are insufficient to pay in full the
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247247 amount of all grants school districts are entitled to receive for the school
248248 year, the department shall prorate the amount appropriated among all
249249 districts. The department shall be responsible for the allocation and
250250 distribution of grants in accordance with appropriation acts. The
251251 department may make grant payments in installments and may provide for
252252 payments in advance or by way of reimbursement and may make any
253253 necessary adjustments for any overpayment to a school district. The
254254 department shall not award any grant to a school district unless such
255255 district has entered into a memorandum of understanding with a partnering
256256 community mental health center in accordance with subsection (c). Any
257257 remaining appropriations that were not allocated to the mental health
258258 intervention team program shall provide funding in the form of grants
259259 from the department to the association of community mental health centers
260260 of Kansas to fund training for school districts participating in the mental
261261 health intervention team program act.
262262 (3) The department shall advise and consult with the association of
263263 community mental health centers of Kansas, or any successor organization
264264 thereto representing community mental health centers in the state of
265265 Kansas, prior to awarding any grant under this subsection.
266266 (e) The department may waive the requirement that a school district
267267 employ a school liaison and may instead authorize a community mental
268268 health center that partners with the school district to employ a school
269269 liaison. Such waiver shall only be granted by the department in limited
270270 circumstances. A school district that is granted a waiver pursuant to this
271271 section shall continue to be eligible to receive the mental health
272272 intervention team program grant and the community mental health center
273273 pass-through grant authorized pursuant to this section. The amount of the
274274 mental health intervention team program grant shall be determined in the
275275 same manner as provided under subsection (d)(1)(A) as though the school
276276 liaison was employed by such school district. Upon receipt of any moneys
277277 awarded pursuant to the mental health intervention team program grant to
278278 any such school district, the school district shall direct payment of such
279279 amount to the community mental health center that employs the school
280280 liaison.
281281 (f) On or before the first day of the legislative session of 2025, and on
282282 or before the first day of each legislative session thereafter, the department
283283 shall prepare and submit a report on the mental health intervention team
284284 program for the preceding school year to the house of representatives
285285 standing committees on appropriations, social services budget and health
286286 and human services, or their successor committees, and the senate standing
287287 committees on ways and means, ways and means subcommittee on human
288288 services and public health and welfare, or their successor committees.
289289 Such report shall provide a summary of the program, including, but not
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333333 limited to, the school districts that applied to participate or continued
334334 participating under the program, the participating community mental
335335 health centers, the grant amount each such school district received and the
336336 payments made by school districts from the mental health intervention
337337 team program fund of each school district.
338338 Sec. 4. (a) The staff required for the establishment and maintenance
339339 of a mental health intervention team program shall include a combination
340340 of one or more behavioral health liaisons employed by the school district
341341 and one or more case managers and therapists licensed by the behavioral
342342 sciences regulatory board who are employed by the partnering community
343343 mental health center. All staff working together under a school district's
344344 program shall be known as the mental health intervention team of the
345345 school district.
346346 (b) The school district and the community mental health center shall
347347 cooperate and work together to identify needs specific to the students in
348348 the school district, and the families of such students and shall develop an
349349 action plan to implement a school-based program that is tailored to such
350350 needs.
351351 (c) A school district that participates in the program shall employ one
352352 or more school liaisons who will help students in need and coordinate
353353 services between the school district, the student, the student's family and
354354 the community mental health center. A school liaison shall have a
355355 bachelor's degree in any field of study. A school liaison's roles and
356356 responsibilities include, but are not limited to:
357357 (1) Identifying appropriate student referrals for the team to engage
358358 with;
359359 (2) act as a liaison between the school district and the community
360360 mental health center and be the primary point of contact for
361361 communications between the school district and the community mental
362362 health center;
363363 (3) assist with community mental health center staff understanding of
364364 the school district's system and procedures including the school calendar,
365365 professional development, drills and crisis plan protocols;
366366 (4) triage prospective student referrals and help decide how to
367367 prioritize interventions;
368368 (5) help the community mental health center and other school
369369 personnel understand the roles and responsibilities of the mental health
370370 intervention team;
371371 (6) facilitate communications and connections between families of
372372 identified students and the community mental health center's staff;
373373 (7) coordinate a student's treatment schedule with building
374374 administrators and classroom teachers, to optimize clinical therapist's
375375 productivity;
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419419 (8) troubleshoot problems that arise and work with the community
420420 mental health center to resolve such problems;
421421 (9) track and compile outcomes to monitor the effectiveness of the
422422 program;
423423 (10) maintain and update the department of education mental health
424424 intervention team database as directed by the department and required by
425425 this section;
426426 (11) follow up with child welfare contacts if a student has moved
427427 schools to get the child's educational history;
428428 (12) be an active part of the school intervention team and relay
429429 information back to community mental health center staff, including
430430 student observations, intervention feedback from teachers,
431431 communications with family and other relevant information;
432432 (13) work with school administration to identify and provide
433433 confidential space for a community mental health center therapist;
434434 (14) assist in planning continuity of care through summer services;
435435 and
436436 (15) submit an annual report to the department of aging and disability
437437 services on how the liaison complied with the required roles and
438438 responsibilities.
439439 (d) Within the scope of employment by a school district, an
440440 individual employed as a school liaison shall primarily perform roles and
441441 responsibilities that are related to the school liaison position as described
442442 in this section.
443443 (e) Once the initial referral has been completed for a student, all
444444 relevant information shall be entered into the database within 14 calendar
445445 days.
446446 (f) A community mental health center that partners with a school
447447 district shall employ one or more therapists licensed by the behavioral
448448 sciences regulatory board who will collaborate with the school district to
449449 assist students in need and provide services to such students under the
450450 program. A therapist's roles and responsibilities under the program include,
451451 but are not limited to:
452452 (1) Assist the school liaison with the identification of appropriate
453453 student referrals to the program;
454454 (2) triage student referrals with the school liaison to prioritize
455455 treatment interventions for identified students;
456456 (3) work with the school liaison to connect with families or child
457457 welfare contacts to obtain consent to commence treatment;
458458 (4) conduct a clinical assessment of the identified student and make
459459 appropriate treatment recommendations;
460460 (5) engage with the student, family or child welfare contacts in
461461 clinical interventions as identified on the treatment plan and provide
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505505 individual and family therapy;
506506 (6) administer scales or tests to detect areas of concern with
507507 depression, anxiety, self-harm or other areas as identified;
508508 (7) make referrals to other treatment modalities as appropriate;
509509 (8) communicate educationally appropriate information to the school
510510 liaison, such as interventions and strategies for use by classroom and
511511 school staff;
512512 (9) gather outcome data to monitor the effectiveness of the program;
513513 (10) coordinate with the case manager to identify ways to support the
514514 student and family;
515515 (11) provide therapy services as determined by the students' treatment
516516 plan; and
517517 (12) maintain the treatment plan and necessary treatment protocols
518518 required by the community mental health center.
519519 (g) A community mental health center that partners with a school
520520 district shall employ one or more case managers who will collaborate with
521521 the school district to assist students in need and to coordinate services
522522 under the program. A case manager's roles and responsibilities under the
523523 program include, but are not limited to:
524524 (1) Work with the school liaison and clinical therapist to identify
525525 students and triage priorities for treatment;
526526 (2) provide outreach to students, families and child welfare contacts
527527 to help engage in treatment;
528528 (3) participate in the treatment planning process;
529529 (4) communicate with the school liaison and other school district
530530 personnel about student needs, interventions and progress;
531531 (5) help maintain communication between all entities, including the
532532 family, student, school, clinical therapist, child welfare contacts and the
533533 community;
534534 (6) maintain the treatment plan and necessary treatment protocols
535535 required by the community mental health center;
536536 (7) make referrals to appropriate community resources;
537537 (8) help reconnect students and families when they are not following
538538 through with the treatment process;
539539 (9) help families negotiate barriers to treatment; and
540540 (10) engage with the student in the classroom, the home or the
541541 community to help build skills wherever needed.
542542 Sec. 5. (a) There is hereby established in each school district a fund
543543 called the mental health intervention team program fund. All moneys
544544 received by a school district for the mental health intervention team
545545 program grant or the community mental health center pass-through grant
546546 awarded pursuant to section 3, and amendments thereto, shall be credited
547547 to the the mental health intervention team program fund. Moneys in such
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591591 fund shall be used by a school district to:
592592 (1) Pay for the expenditures that are attributable to the salary and
593593 fringe benefits of any school liaison employed by the school district
594594 pursuant to the mental health intervention team program; and
595595 (2) provide payment to each partnering community mental health
596596 center in an amount equal to the community mental health center pass-
597597 through grant received by the school district.
598598 (b) The school district shall keep separate accounting records for the
599599 school liaison expenditures and the pass-through grants to community
600600 mental health centers.
601601 (c) Twice per year, beginning in 2025, the department shall publish
602602 on its website an aggregated report of outcomes achieved, numbers served
603603 and associated information by the mental health intervention team
604604 program.
605605 Sec. 6. This act shall take effect and be in force from and after its
606606 publication in the statute book.
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