STATE OF NEW YORK ________________________________________________________________________ 5191 2023-2024 Regular Sessions IN ASSEMBLY March 3, 2023 ___________ Introduced by M. of A. GONZALEZ-ROJAS, JACKSON, ZINERMAN, SEAWRIGHT, HEVESI, EPSTEIN, GALLAGHER, CRUZ, MAMDANI, KELLES, SANTABARBARA, JEAN-PIERRE, FORREST, BURGOS, RAMOS, BURKE, DARLING, MITAYNES, BURDICK, MEEKS, JONES, STERN, ANDERSON, THIELE, CARROLL, DINOWITZ, GIBBS, JACOBSON, LUNSFORD, SILLITTI, DE LOS SANTOS, DAVILA, L. ROSEN- THAL -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to the employment of mental health professionals by school districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 901 of the education law, as amended by chapter 477 2 of the laws of 2004, subdivision 1 as amended by section 57 of part A1 3 of chapter 58 of the laws of 2006, is amended to read as follows: 4 § 901. School health and mental health services to be provided. 1. a. 5 School health services, as defined in subdivision two of this section, 6 shall be provided by each school district for all students attending the 7 public schools in this state, except in the city school district of the 8 city of New York, as provided in this article. School health services 9 shall include the services of a registered professional nurse, if one is 10 employed, and shall also include such services as may be rendered as 11 provided in this article in examining students for the existence of 12 disease or disability and in testing the eyes and ears of such students. 13 b. School mental health services, as defined in subdivision two of 14 this section, shall be provided by each school district for all students 15 attending the public schools in this state, as provided in this article. 16 School mental health services shall include the services of a school 17 psychologist and school social worker, each of which shall be employed 18 by the district. 19 2. a. School health services for the purposes of this article shall 20 mean the several procedures, including, but not limited to, medical 21 examinations, dental inspection and/or screening, scoliosis screening, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02357-01-3
A. 5191 2 1 vision screening and audiometer tests, designed to determine the health 2 status of the child; to inform parents or other persons in parental 3 relation to the child, pupils and teachers of the individual child's 4 health condition subject to federal and state confidentiality laws; to 5 guide parents, children and teachers in procedures for preventing and 6 correcting defects and diseases; to instruct the school personnel in 7 procedures to take in case of accident or illness; to survey and make 8 necessary recommendations concerning the health and safety aspects of 9 school facilities and the provision of health information. 10 b. (i) School mental health services provided by a certified school 11 psychologist for purposes of this article shall mean the several proce- 12 dures, including, but not limited to, evaluations, screenings and 13 assessments, designed to determine the mental health and well-being 14 status of the child; to inform parents or other persons in parental 15 relation to the child, pupils and teachers of the individual child's 16 mental health condition subject to federal and state confidentiality 17 laws; to address identified mental health needs of the child; to 18 instruct the school personnel in interventions, techniques, and behav- 19 ioral approaches to respond to the mental health needs of the child; to 20 provide such interventions, approaches and services as necessary to 21 address the mental health needs of the child; and to make necessary 22 recommendations concerning the mental health aspects of the school envi- 23 ronment and the provision of mental health information. 24 (ii) School mental health services provided by licensed or certified 25 school social workers for the purposes of this article shall mean the 26 several procedures and services including, but not limited to, assess- 27 ments, evaluations and psychosocial intervention plans that are designed 28 to prevent and intervene to address mental, social, emotional, behav- 29 ioral, developmental, and addictive disorders, conditions, and disabili- 30 ties of the psychosocial aspect of illness and injuries experienced by 31 the child. Services provided by a licensed clinical social worker, or 32 under supervision, in accordance with the commissioner's regulations 33 governing the practice of social work services, those services shall 34 include: diagnosis of mental, emotional, behavioral and developmental 35 disorders and disabilities, and the psychosocial aspects of illness, 36 injury, disability and impairment undertaken within a psychosocial 37 framework; administration and interpretation of tests and measures of 38 psychosocial functioning; development and implementation of appropriate 39 assessment based treatment plans; and the provision of crisis and leth- 40 ality assessments, and short term and long term psychotherapy and 41 psychotherapeutic treatment to students, families and groups, undertaken 42 for the purpose of preventing, assessing, treating, ameliorating and 43 resolving psychosocial dysfunction with the goal of maintaining and 44 enhancing the mental, emotional, behavioral, and social functioning and 45 well-being of the child in the context of the family, school, and commu- 46 nity; to work as a liaison between parent, child, school, and community 47 and function within applicable confidentiality laws; to instruct school 48 personnel regarding interventions, techniques, and behavioral 49 approaches; to respond to the mental health needs of the child; and to 50 make necessary recommendations concerning the mental health aspects of 51 the school environment and the provision of mental health information. 52 3. The mental health professionals required herein shall be in addi- 53 tion to such personnel as necessary to implement the provisions of the 54 federal Individuals with Disabilities Education Act (IDEA), as amended. 55 § 2. Section 902 of the education law, as amended by chapter 477 of 56 the laws of 2004, paragraph a of subdivision 2 as amended by chapter 376
A. 5191 3 1 of the laws of 2015, paragraph b of subdivision 2 as amended by chapter 2 501 of the laws of 2005, is amended to read as follows: 3 § 902. Employment of health and mental health professionals. 1. a. As 4 used in this article "health professionals" means persons duly licensed 5 or otherwise authorized to practice a health profession pursuant to 6 applicable law, including, but not limited to, physicians, registered 7 professional nurses, nurse practitioners, physicians assistants, optome- 8 trists, dentists, dental hygienists, dietitians and nutritionists, and 9 audiologists. 10 b. As used in this article, "mental health professionals" shall mean 11 certified school psychologists and certified or licensed school social 12 workers duly authorized to provide mental health services pursuant to 13 applicable law. 14 2. a. The board of education, and the trustee or board of trustees of 15 each school district, shall employ, at a compensation to be agreed upon 16 by the parties, a qualified physician, or a nurse practitioner to the 17 extent authorized by the nurse practice act and consistent with subdivi- 18 sion three of section six thousand nine hundred two of this chapter, to 19 perform the duties of the director of school health services, including 20 any duties conferred on the school physician or school medical inspector 21 under any provision of law, to perform and coordinate the provision of 22 health services in the public schools and to provide health appraisals 23 of students attending the public schools in the city or district. The 24 physicians or nurse practitioners so employed shall be duly licensed 25 pursuant to applicable law. 26 b. Any such board or trustees may employ one or more school nurses, 27 who shall be registered professional nurses, as well as other health 28 professionals, as may be required. Such registered professional nurses 29 and other health professionals shall aid the director of school health 30 services of the district and shall perform such duties, including health 31 instruction for the benefit of the public schools as may be prescribed 32 by such board or trustees, in compliance with each such health profes- 33 sional's practice act. 34 c. Any such board or trustees shall employ one or more school psychol- 35 ogist and school social worker, as may be required. Such professional 36 shall perform such duties as may be prescribed by such board or trus- 37 tees, in compliance with such professional's authorization. 38 3. Health and mental health professionals may be employed by the trus- 39 tees or boards of education of two or more school districts, and the 40 compensation of such health and mental health professionals, and the 41 expenses incurred in providing school health and mental health services 42 for students as provided in this article, shall be borne jointly by such 43 districts, and be apportioned among them in any manner agreed to by such 44 districts in a sharing agreement entered pursuant to section one hundred 45 nineteen-o of the general municipal law. The trustees or boards of 46 education of two or more school districts in a supervisory district may 47 enter into an agreement, or agreements as may be required, with a board 48 of cooperative educational services for the provision of the services of 49 one or more mental health professional or registered professional nurs- 50 es, and other health professionals to perform health and mental health 51 services, including health and mental health instruction in such 52 districts. 53 4. The mental health professionals required herein shall be in addi- 54 tion to such personnel as necessary to implement the provisions of the 55 federal Individuals with Disabilities Education Act (IDEA), as amended.
A. 5191 4 1 § 3. This act shall take effect on the first of September next 2 succeeding the date on which it shall have become a law. Effective imme- 3 diately, the addition, amendment and/or repeal of any rule or regulation 4 necessary for the implementation of this act on its effective date is 5 authorized to be made and completed on or before such effective date.