Enrolled Copy H.B. 16
1 BLOCK GRANT FUNDI NG FOR PREVENTION PROGRAMS
2 IN PUBLIC EDUCATION
3 2023 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Susan Pulsipher
6 Senate Sponsor: Ann Millner
7
8LONG TITLE
9General Description:
10 This bill establishes block grant funding for the implementation of comprehensive
11prevention programs in local education agencies.
12Highlighted Provisions:
13 This bill:
14 <defines terms;
15 <establishes block grant funding for the implementation of comprehensive prevention
16programs in local education agencies (LEAs);
17 <requires the State Board of Education (State Board) to:
18 Cmake rules to establish and administer the grant application process; and
19 Cprovide LEAs with certain resources and support;
20 <provides for the allowable uses of the block grant funding;
21 <allows LEAs to:
22 Cchoose to implement a comprehensive prevention plan with block grant funding
23or implement individual prevention plans with existing funding restrictions; and
24 Csubmit one comprehensive report instead of individually required reports if the
25LEA implements a comprehensive prevention plan;
26 <amends existing prevention programs to accommodate the opportunity for block
27grant funding;
28 <authorizes the use of certain excess funds in the Underage Drinking and Substance
29Abuse Prevention Program Restricted Account for distribution through block grant H.B. 16 Enrolled Copy
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30funding; and
31 <makes technical and conforming changes.
32Money Appropriated in this Bill:
33 None
34Other Special Clauses:
35 This bill provides a special effective date.
36 This bill provides a coordination clause.
37Utah Code Sections Affected:
38AMENDS:
39 53E-3-522, as enacted by Laws of Utah 2020, Chapter 230
40 53F-2-410, as repealed and reenacted by Laws of Utah 2021, Chapter 319
41 53F-2-415, as last amended by Laws of Utah 2022, Chapter 409
42 53F-9-304, as last amended by Laws of Utah 2022, Chapters 447, 456
43 53G-9-702, as last amended by Laws of Utah 2021, Chapter 105
44 53G-10-407, as enacted by Laws of Utah 2020, Chapter 161
45 59-14-807, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
46ENACTS:
47 53F-2-525, Utah Code Annotated 1953
48Utah Code Sections Affected by Coordination Clause:
49 53F-2-410, as repealed and reenacted by Laws of Utah 2021, Chapter 319
50 53F-2-525, Utah Code Annotated 1953
51
52Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 53E-3-522 is amended to read:
54 53E-3-522. Substance abuse prevention in public school programs.
55 [The] Except as provided in Section 53F-2-525, the state board shall provide for:
56 (1) substance abuse prevention and education;
57 (2) substance abuse prevention training for teachers and administrators; and Enrolled Copy H.B. 16
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58 (3) district and school programs to supplement, not supplant, existing local prevention
59efforts in cooperation with local substance abuse authorities.
60 Section 2. Section 53F-2-410 is amended to read:
61 53F-2-410. Gang prevention and intervention program.
62 Subject to legislative appropriations and except as provided in Section 53F-2-525, the
63state board shall distribute money for a gang prevention and intervention program:
64 (1) that is designed to help students at risk for gang involvement stay in school; and
65 (2) to school districts and charter schools through a request for proposals process.
66 Section 3. Section 53F-2-415 is amended to read:
67 53F-2-415. Student health and counseling support -- Qualifying personnel --
68Distribution formula -- Rulemaking.
69 (1) As used in this section:
70 (a) "Qualifying personnel" means a school counselor or other counselor, school
71psychologist or other psychologist, school social worker or other social worker, or school nurse
72who:
73 (i) is licensed; and
74 (ii) collaborates with educators and a student's parent on:
75 (A) early identification and intervention of the student's academic and mental health
76needs; and
77 (B) removing barriers to learning and developing skills and behaviors critical for the
78student's academic achievement.
79 (b) "Telehealth services" means the same as that term is defined in Section 26-60-102.
80 (2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
81the state board shall distribute money appropriated under this section to LEAs to provide in a
82school targeted school-based mental health support, including clinical services and
83trauma-informed care, through:
84 (i) employing qualifying personnel; or
85 (ii) entering into contracts for services provided by qualifying personnel, including H.B. 16 Enrolled Copy
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86telehealth services.
87 (b) (i) The state board shall, after consulting with LEA governing boards, develop a
88formula to distribute money appropriated under this section to LEAs.
89 (ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
90incentivizes an LEA to provide school-based mental health support in collaboration with the
91local mental health authority of the county in which the LEA is located.
92 (3) To qualify for money under this section, an LEA shall submit to the state board a
93plan that includes:
94 (a) measurable goals approved by the LEA governing board on improving student
95safety, student engagement, school culture, or academic achievement;
96 (b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
97use of the money;
98 (c) how the LEA is meeting the requirements related to parent education described in
99Section 53G-9-703; and
100 (d) whether the LEA intends to provide school-based mental health support in
101collaboration with the local mental health authority of the county in which the LEA is located.
102 (4) The state board shall distribute money appropriated under this section to an LEA
103that qualifies under Subsection (3):
104 (a) based on the formula described in Subsection (2)(b); and
105 (b) if the state board approves the LEA's plan before April 1, 2020, in an amount of
106money that the LEA equally matches using local money, unrestricted state money, or money
107distributed to the LEA under Section 53G-7-1303.
108 (5) An LEA may not use money distributed by the state board under this section to
109supplant federal, state, or local money previously allocated to:
110 (a) employ qualifying personnel; or
111 (b) enter into contracts for services provided by qualified personnel, including
112telehealth services.
113 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Enrolled Copy H.B. 16
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114state board shall make rules that establish:
115 (a) procedures for submitting a plan for and distributing money under this section;
116 (b) the formula the state board will use to distribute money to LEAs described in
117Subsection (2)(b); and
118 (c) in accordance with Subsection (7), annual reporting requirements for an LEA that
119receives money under this section.
120 (7) An LEA that receives money under this section shall submit an annual report to the
121state board, including:
122 (a) progress toward achieving the goals submitted under Subsection (3)(a);
123 (b) if the LEA discontinues a qualifying personnel position, the LEA's reason for
124discontinuing the position; and
125 (c) how the LEA, in providing school-based mental health support, complies with the
126provisions of Section 53E-9-203.
127 (8) Beginning on or before July 1, 2019, the state board shall provide training that
128instructs school personnel on the impact of childhood trauma on student learning, including
129information advising educators against practicing medicine, giving a diagnosis, or providing
130treatment.
131 (9) The state board may use up to:
132 (a) 2% of an appropriation under this section for costs related to the administration of
133the provisions of this section; and
134 (b) $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described
135in this section to provide scholarships for up to four years to certain LEA employees, as defined
136by the state board, for education and training to become a school social worker, a school
137psychologist, or other school-based mental health worker.
138 (10) Notwithstanding the provisions of this section, money appropriated under this
139section may be used, as determined by the state board, for:
140 (a) the SafeUT Crisis Line described in Section 53B-17-1202; or
141 (b) (i) youth suicide prevention programs described in Section 53G-9-702[.]; or H.B. 16 Enrolled Copy
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142 (ii) a comprehensive prevention plan, as that term is defined in Section 53F-2-525.
143 Section 4. Section 53F-2-525 is enacted to read:
144 53F-2-525. Block grant funding for prevention programs in public education.
145 (1) As used in this section, "comprehensive prevention plan" means an LEA's plan:
146 (a) to implement evidence-based early-intervention and prevention practices tailored to
147achieve outcomes and mitigate risk factors in a manner consistent with the following programs:
148 (i) substance abuse prevention programs described in Section 53E-3-522;
149 (ii) gang prevention and intervention programs described in Section 53F-2-410;
150 (iii) youth suicide prevention programs described in Section 53G-9-702; and
151 (iv) positive behavior plans described in Section 53G-10-407;
152 (b) that includes:
153 (i) information on the impact of childhood trauma on student learning, including
154information advising educators against practicing medicine, giving a diagnosis, or providing
155treatment; and
156 (ii) resiliency building skills; and
157 (c) that an LEA designs in collaboration with the state board, as described in
158Subsection (4)(a)(i), and with input from parents, students, educators, and student support staff
159within the LEA.
160 (2) Subject to legislative appropriations, the state board shall distribute block grant
161funding to LEAs for use in accordance with Subsection (5)(b)(iii) to implement a
162comprehensive prevention plan that the state board approves in accordance with Subsection
163(3).
164 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
165state board shall make rules to:
166 (a) establish an application process that allows an LEA to:
167 (i) articulate the approach and rationale underlying the LEA's comprehensive
168prevention plan;
169 (ii) demonstrate the LEA's specific prevention needs; Enrolled Copy H.B. 16
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170 (iii) provide data that supports the substance and cost of the LEA's comprehensive
171prevention plan;
172 (iv) outline the ways in which the LEA will use the block grant funding in a united
173prevention effort to achieve the outcomes that the individual programs described in Subsection
174(1) target; and
175 (v) identify the specific outcomes described in Subsection (3)(a)(iv) by which the LEA
176will measure the success of the comprehensive prevention plan; and
177 (b) establish additional grant application conditions.
178 (4) The state board shall:
179 (a) (i) provide guidance to each LEA that is preparing a prevention block grant funding
180application on the design and implementation of the LEA's comprehensive prevention program;
181 (ii) review each prevention block grant funding application for compliance and
182eligibility; and
183 (iii) provide to each LEA that receives block grant funding:
184 (A) technical assistance that is tailored to the LEA's specified prevention needs; and
185 (B) targeted professional learning opportunities in evidence-based prevention practices;
186 (b) evaluate and prioritize block grant funding applications under this section and
187individual funding needs for LEAs that choose to seek out funding for individual prevention
188programs, as described in Subsection (5)(a), as the state board deems necessary to ensure the
189effectiveness of statewide prevention efforts.
190 (5) (a) An LEA may seek block grant funding under this section or segregated funding
191for the individual programs described in Subsection (1), based on the LEA governing board's
192determination of specific prevention needs within the LEA.
193 (b) Notwithstanding any other provision of law or state board rule, an LEA that
194receives block grant funding under this section:
195 (i) shall submit to the state board a report that:
196 (A) accounts for the LEA's use of the block grant funding; and
197 (B) provides data points, including the measurement of the specified outcomes H.B. 16 Enrolled Copy
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198described in Subsection (3)(a)(v), that demonstrate the effectiveness of the LEA's
199comprehensive prevention plan;
200 (ii) is not required to submit to the state board an individual report for each program
201described in Subsection (1); and
202 (iii) may use block grant funding to:
203 (A) implement the state board-approved comprehensive prevention plan;
204 (B) carry out the prevention-focused parent seminars described in Subsection
20553G-9-703(2); and
206 (C) other evidence-based prevention practices that the state board authorizes.
207 Section 5. Section 53F-9-304 is amended to read:
208 53F-9-304. Underage Drinking and Substance Abuse Prevention Program
209Restricted Account.
210 (1) As used in this section, "account" means the Underage Drinking and Substance
211Abuse Prevention Program Restricted Account created in this section.
212 (2) There is created within the Income Tax Fund a restricted account known as the
213"Underage Drinking and Substance Abuse Prevention Program Restricted Account."
214 (3) (a) Before the Department of Alcoholic Beverage Services deposits any portion of
215the markup collected under Section 32B-2-304 into the Liquor Control Fund in accordance
216with Section 32B-2-301, the Department of Alcoholic Beverage Services shall deposit into the
217account:
218 (i) for the fiscal year that begins July 1, 2017, $1,750,000; or
219 (ii) for each fiscal year that begins on or after July 1, 2018, an amount equal to the
220amount that the Department of Alcoholic Beverage Services deposited into the account during
221the preceding fiscal year increased or decreased by a percentage equal to the percentage
222difference between the Consumer Price Index for the second preceding calendar year and the
223Consumer Price Index for the preceding calendar year.
224 (b) For purposes of this Subsection (3), the Department of Alcoholic Beverage
225Services shall calculate the Consumer Price Index in accordance with 26 U.S.C. Secs. 1(f)(4) Enrolled Copy H.B. 16
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226and 1(f)(5).
227 (4) The account shall be funded:
228 (a) in accordance with Subsection (3);
229 (b) by appropriations made to the account by the Legislature; and
230 (c) by interest earned on money in the account.
231 (5) (a) [The] Except as provided in Subsection (5)(b), the state board shall use money
232in the account for the Underage Drinking and Substance Abuse Prevention Program described
233in Section 53G-10-406.
234 (b) If excess funds remain in the restricted account at the end of a given fiscal year
235after the use described in Subsection (5)(a), the state board may distribute the excess funds in
236the subsequent fiscal year through the block grant funding for public education prevention
237programs described in Section 53F-2-525.
238 Section 6. Section 53G-9-702 is amended to read:
239 53G-9-702. Youth suicide prevention programs -- State board to develop model
240programs.
241 (1) As used in the section:
242 (a) "Elementary grades" means:
243 (i) kindergarten through grade 5; and
244 (ii) if the associated middle or junior high school does not include grade 6, grade 6.
245 (b) "Intervention" means an effort to prevent a student from attempting suicide.
246 (c) "Postvention" means mental health intervention after a suicide attempt or death to
247prevent or contain contagion.
248 (d) "Program" means a youth suicide prevention program described in Subsection (2).
249 (e) "Public education suicide prevention coordinator" means an individual designated
250by the state board as described in Subsection (4).
251 (f) "Secondary grades" means:
252 (i) grades 7 through 12; and
253 (ii) if a middle or junior high school includes grade 6, grade 6. H.B. 16 Enrolled Copy
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254 (g) "State suicide prevention coordinator" means the state suicide prevention
255coordinator described in Section 62A-15-1101.
256 (2) In collaboration with the public education suicide prevention coordinator, a school
257district or charter school shall implement a youth suicide prevention program, which, in
258collaboration with the training, programs, and initiatives described in Section 53G-9-607, shall
259include programs and training to address:
260 (a) for elementary grades and secondary grades:
261 (i) life-affirming education, including on the concepts of resiliency, healthy habits,
262self-care, problem solving, and conflict resolution;
263 (ii) methods of strengthening the family; and
264 (iii) methods of strengthening a youth's relationships in the school and community; and
265 (b) for secondary grades:
266 (i) prevention of youth suicide;
267 (ii) decreasing the risk of suicide among youth who are:
268 (A) not accepted by family for any reason, including lesbian, gay, bisexual,
269transgender, or questioning youth; or
270 (B) suffer from bullying;
271 (iii) youth suicide intervention; and
272 (iv) postvention for family, students, and faculty.
273 (3) Each school district and charter school shall ensure that the youth suicide
274prevention program described in Subsection (2):
275 (a) considers appropriate coordination with the following prevention programs:
276 (i) the prevention of bullying and cyber-bullying, as those terms are defined in Section
27753G-9-601; and
278 (ii) the prevention of underage drinking of alcohol and substance abuse under Section
27953G-10-406; and
280 (b) includes provisions to ensure that the school district or charter school promptly
281communicates with the parent or guardian of a student in accordance with Section 53G-9-604. Enrolled Copy H.B. 16
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282 (4) The state board shall:
283 (a) designate a public education suicide prevention coordinator; and
284 (b) in collaboration with the Department of Health and the state suicide prevention
285coordinator, develop model programs to provide to school districts and charter schools:
286 (i) program training; and
287 (ii) resources regarding the required components described in Subsections (2)(a) and
288(b).
289 (5) The public education suicide prevention coordinator shall:
290 (a) oversee the youth suicide prevention programs of school districts and charter
291schools; and
292 (b) coordinate prevention and postvention programs, services, and efforts with the state
293suicide prevention coordinator.
294 (6) A public school suicide prevention program may allow school personnel to ask a
295student questions related to youth suicide prevention, intervention, or postvention.
296 (7) (a) Subject to legislative appropriation and except as provided in Section
29753F-2-525, the state board may distribute money to a school district or charter school to be
298used to implement evidence-based practices and programs, or emerging best practices and
299programs, for preventing suicide in the school district or charter school.
300 (b) The state board shall ensure that an LEA's allocation of funds from the board's
301distribution of money under Subsection (7)(a) provides an amount equal to at least $1,000 per
302school.
303 (c) (i) A school shall use money allocated to the school under Subsection (7)(b) to
304implement evidence-based practices and programs, or emerging best practices and programs,
305for preventing suicide.
306 (ii) Each school may select the evidence-based practices and programs, or emerging
307best practices and programs, for preventing suicide that the school implements.
308 (8) An LEA may not charge indirect costs to the program.
309 Section 7. Section 53G-10-407 is amended to read: H.B. 16 Enrolled Copy
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310 53G-10-407. Positive behaviors plan -- Positive behaviors specialist stipend --
311Reports.
312 (1) As used in this section:
313 (a) "Positive behaviors plan" means a plan to address the causes of student use of
314tobacco, alcohol, electronic cigarette products, and other controlled substances through
315promoting positive behaviors.
316 (b) "Positive behaviors specialist" means an individual designated to administer a
317positive behaviors plan.
318 (2) (a) A school principal shall:
319 (i) create a positive behaviors plan based on the input of students, parents, and staff;
320and
321 (ii) submit the positive behaviors plan to the LEA governing board for approval.
322 (b) A positive behaviors plan shall address issues including peer pressure, mental
323health, and creating meaningful relationships.
324 (c) A positive behaviors plan may include programs, clubs, service opportunities, and
325pro-social activities.
326 (3) Each LEA shall designate one or more employees as a positive behaviors specialist
327for each school to administer the positive behaviors plan.
328 (4) (a) [The] Except as provided in Section 53F-2-525, the state board shall distribute
329annually to each school:
330 (i) $3,000 as a stipend for the positive behaviors specialists; and
331 (ii) $1,000 to administer the positive behaviors plan.
332 (b) Notwithstanding Subsection (4)(a), if funding is insufficient to cover the costs
333associated with stipends, the state board may reduce the amount of the stipend.
334 (5) (a) A positive behaviors specialist shall annually submit a written report to the LEA
335governing board detailing how the positive behaviors plan was implemented in the prior year.
336 (b) [An] Except as provided in Subsection 53F-2-525(5), an LEA governing board
337shall submit an annual report to the state board confirming that each school under the Enrolled Copy H.B. 16
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338governing board's jurisdiction has an approved positive behaviors plan.
339 Section 8. Section 59-14-807 is amended to read:
340 59-14-807. Electronic Cigarette Substance and Nicotine Product Tax Restricted
341Account.
342 (1) There is created within the General Fund a restricted account known as the
343"Electronic Cigarette Substance and Nicotine Product Tax Restricted Account."
344 (2) The Electronic Cigarette Substance and Nicotine Product Tax Restricted Account
345consists of:
346 (a) revenues collected from the tax imposed by Section 59-14-804; and
347 (b) amounts appropriated by the Legislature.
348 (3) For each fiscal year, beginning with fiscal year 2021, and subject to appropriation
349by the Legislature, the Division of Finance shall distribute from the Electronic Cigarette
350Substance and Nicotine Product Tax Restricted Account:
351 (a) $2,000,000 which shall be allocated to the local health departments by the
352Department of Health using the formula created in accordance with Section 26A-1-116;
353 (b) $2,000,000 to the Department of Health for statewide cessation programs and
354prevention education;
355 (c) $1,180,000 to the Department of Public Safety for law enforcement officers aimed
356at disrupting organizations and networks that provide tobacco products, electronic cigarette
357products, nicotine products, and other illegal controlled substances to minors;
358 (d) $3,000,000 which shall be allocated to the local health departments by the
359Department of Health using the formula created in accordance with Section 26A-1-116;
360 (e) $5,084,200 to the State Board of Education for school-based prevention programs;
361and
362 (f) $2,000,000 to the Department of Health for alcohol, tobacco, and other drug
363prevention, reduction, cessation, and control programs that promote unified messages and
364make use of media outlets, including radio, newspaper, billboards, and television.
365 (4) (a) The local health departments shall use the money received in accordance with H.B. 16 Enrolled Copy
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366Subsection (3)(a) for enforcing:
367 (i) the regulation provisions described in Section 26-57-103;
368 (ii) the labeling requirement described in Section 26-57-104; and
369 (iii) the penalty provisions described in Section 26-62-305.
370 (b) The Department of Health shall use the money received in accordance with
371Subsection (3)(b) for the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
372Program created in Section 26-7-10.
373 (c) The local health departments shall use the money received in accordance with
374Subsection (3)(d) to issue grants under the Electronic Cigarette, Marijuana, and Other Drug
375Prevention Grant Program created in Section 26A-1-129.
376 (d) The State Board of Education shall use the money received in accordance with
377Subsection (3)(e) to distribute to local education agencies to pay for:
378 (i) (A) stipends for positive behaviors specialists as described in Subsection
37953G-10-407(4)(a)(i);
380 [(ii)] (B) the cost of administering the positive behaviors plan as described in
381Subsection 53G-10-407(4)(a)(ii); and
382 [(iii)] (C) the cost of implementing an Underage Drinking and Substance Abuse
383Prevention Program in grade 4 or 5, as described in Subsection 53G-10-406(3)(b)[.]; or
384 (ii) a comprehensive prevention plan, as that term is defined in Section 53F-2-525.
385 (5) (a) The fund shall earn interest.
386 (b) All interest earned on fund money shall be deposited into the fund.
387 (6) Subject to legislative appropriations, funds remaining in the Electronic Cigarette
388Substance and Nicotine Product Tax Restricted Account after the distribution described in
389Subsection (3) may only be used for programs and activities related to the prevention and
390cessation of electronic cigarette, nicotine products, marijuana, and other drug use.
391 Section 9. Effective date.
392 This bill takes effect on July 1, 2023.
393 Section 10. Coordinating H.B. 16 with H.B. 304 -- Superseding technical and Enrolled Copy H.B. 16
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394substantive amendments.
395 If this H.B. 16 and H.B. 304, Juvenile Justice Revisions, both pass and become law,
396when the Office of Legislative Research and General Counsel prepares the Utah Code database
397for publication:
398 (1) the amendments to Section 53F-2-410 in H.B. 304 supersede the amendments to
399Section 53F-2-410 in this bill; and
400 (2) Subsection 53F-2-525(1)(a) shall read:
401 "(a) to implement evidence-based early-intervention and prevention practices tailored to
402achieve outcomes and mitigate risk factors in a manner consistent with the following programs:
403 (i) substance abuse prevention programs described in Section 53E-3-522;
404 (ii) youth suicide prevention programs described in Section 53G-9-702; and
405 (iii) positive behavior plans described in Section 53G-10-407;".