H.B. 411
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: R. Bailey 6
6 02-07-23 12:15 PM 6
H.B. 411
1 STUDENT BEHAVIORAL HEALTH SERVI CES AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karen M. Peterson
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill amends provisions for supporting student mental health in schools.
10Highlighted Provisions:
11 This bill:
12 <defines terms;
13 <allows behavioral health support personnel to support school mental health
14professionals;
15 <requires the State Board of Education to provide guidance to local education
16agencies for staffing structure and support; and
17 <makes technical and conforming changes.
18Money Appropriated in this Bill:
19 None
20Other Special Clauses:
21 None
22Utah Code Sections Affected:
23AMENDS:
24 53F-2-415, as last amended by Laws of Utah 2022, Chapter 409
25 53F-5-218, as last amended by Laws of Utah 2022, Chapter 476
26
27Be it enacted by the Legislature of the state of Utah:
*HB0411* H.B. 411 02-07-23 12:15 PM
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28 Section 1. Section 53F-2-415 is amended to read:
29 53F-2-415. Student health and counseling support -- Qualifying personnel --
30Distribution formula -- Rulemaking.
31 (1) As used in this section:
32 (a) "Behavioral health support personnel" means an individual who:
33 (i) works under the direct supervision of qualifying personnel to:
34 (A) support and track a student's progress and access to and completion of school
35curriculum; and
36 (B) support students by prompting, redirecting, encouraging, and reinforcing positive
37behaviors;
38 (ii) is not certified or licensed in mental health; and
39 (iii) meets the professional qualifications as defined by state board rule;
40 [(a)] (b) "Qualifying personnel" means a school counselor or other counselor, a school
41psychologist or other psychologist, a school social worker or other social worker, or a school
42nurse who:
43 (i) is licensed; and
44 (ii) collaborates with educators and a student's parent on:
45 (A) early identification and intervention of the student's academic and mental health
46needs; and
47 (B) removing barriers to learning and developing skills and behaviors critical for the
48student's academic achievement.
49 [(b)] (c) "Telehealth services" means the same as that term is defined in Section
5026-60-102.
51 (2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
52the state board shall distribute money appropriated under this section to LEAs to provide [in a
53school] targeted school-based mental health support, including clinical services and
54trauma-informed care, through:
55 (i) employing qualifying personnel; [or]
56 (ii) employing behavioral health support personnel; or
57 [(ii)] (iii) entering into contracts for services provided by qualifying personnel,
58including telehealth services. 02-07-23 12:15 PM H.B. 411
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59 (b) (i) The state board shall, after consulting with LEA governing boards, develop a
60formula to distribute money appropriated under this section to LEAs.
61 (ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
62incentivizes an LEA to provide school-based mental health support in collaboration with the
63local mental health authority of the county in which the LEA is located.
64 (iii) The state board shall provide guidance for LEAs regarding the training,
65qualifications, roles, and scopes of practice for qualifying personnel and behavioral health
66support personnel that includes:
67 (A) uses for each professional within the professional's licensing capacity and the
68professional's expertise;
69 (B) through multi-disciplinary teaming and a tiered system of support, how qualifying
70personnel and behavioral health support personnel work together to understand and address the
71mental health needs of students; and
72 (C) incorporating parent consent and partnership as key components in addressing the
73mental health needs of students.
74 (3) To qualify for money under this section, an LEA shall submit to the state board a
75plan that includes:
76 (a) measurable goals approved by the LEA governing board on improving student
77safety, student engagement, school [culture] climate, or academic achievement;
78 (b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
79use of the money;
80 (c) how the LEA is meeting the requirements related to parent education described in
81Section 53G-9-703; and
82 (d) whether the LEA intends to provide school-based mental health support in
83collaboration with the local mental health authority of the county in which the LEA is located.
84 (4) The state board shall distribute money appropriated under this section to an LEA
85that qualifies under Subsection (3)[:(a)], based on the formula described in Subsection (2)(b)[;
86and].
87 [(b) if the state board approves the LEA's plan before April 1, 2020, in an amount of
88money that the LEA equally matches using local money, unrestricted state money, or money
89distributed to the LEA under Section 53G-7-1303.] H.B. 411 02-07-23 12:15 PM
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90 (5) An LEA may not use money distributed by the state board under this section to
91supplant federal, state, or local money previously allocated to:
92 (a) employ qualifying personnel;
93 (b) employ behavioral health support personnel; or
94 [(b)] (c) enter into contracts for services provided by qualified personnel, including
95telehealth services.
96 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
97state board shall make rules that establish:
98 (a) procedures for submitting a plan for and distributing money under this section;
99 (b) the formula the state board will use to distribute money to LEAs described in
100Subsection (2)(b); and
101 (c) in accordance with Subsection (7), annual reporting requirements for an LEA that
102receives money under this section.
103 (7) An LEA that receives money under this section shall submit an annual report to the
104state board, including:
105 (a) progress toward achieving the goals submitted under Subsection (3)(a);
106 (b) if the LEA discontinues a qualifying personnel position or a behavioral health
107support personnel position, the LEA's reason for discontinuing the [position] positions; and
108 (c) how the LEA, in providing school-based mental health support, complies with the
109provisions of Section 53E-9-203.
110 (8) Beginning on or before July 1, 2019, the state board shall provide training that
111instructs school personnel on the impact of childhood trauma on student learning, including
112information advising educators against practicing medicine, giving a diagnosis, or providing
113treatment.
114 (9) The state board may use up to:
115 (a) 2% of an appropriation under this section for costs related to the administration of
116the provisions of this section; and
117 (b) $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described
118in this section to provide scholarships for up to four years to certain LEA employees, as defined
119by the state board, for education and training to become a school social worker, a school
120psychologist, or other school-based mental health worker. 02-07-23 12:15 PM H.B. 411
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121 (10) Notwithstanding the provisions of this section, money appropriated under this
122section may be used, as determined by the state board, for:
123 (a) the SafeUT Crisis Line described in Section 53B-17-1202; or
124 (b) youth suicide prevention programs described in Section 53G-9-702.
125 Section 2. Section 53F-5-218 is amended to read:
126 53F-5-218. Grow Your Own Teacher and School Counselor Pipeline Program.
127 (1) As used in this section:
128 (a) "Paraprofessional" means an individual who:
129 (i) works with students in an LEA as a paraprofessional or in a similar teaching
130assistant position; and
131 (ii) is not licensed to teach.
132 (b) "Program" means the Grow Your Own Teacher and School Counselor Pipeline
133Program that this section creates.
134 (c) "School counselor" means an educator who is:
135 (i) licensed as a school counselor in accordance with state board rule; and
136 (ii) assigned to provide direct and indirect services to students in accordance with a
137school counseling program model that the state board provides.
138 (d) "School counselor assistant" means a student who is:
139 (i) enrolled in an accredited bachelor's degree program in a related field; and
140 (ii) completing the student's practicum experience in a school counseling department
141under the supervision of a licensed school counselor.
142 (e) "School counselor intern" means a student who is:
143 (i) enrolled in an accredited school counselor master's degree program; and
144 (ii) completing the student's hours of a supervised counseling internship by applying
145appropriate school counseling techniques under the supervision of a licensed school counselor.
146 (f) "Teacher" means an educator who has an assignment to teach in a classroom.
147 (2) The Grow Your Own Teacher and School Counselor Pipeline Program is a
148competitive grant program created to provide funding to LEAs to award scholarships to
149paraprofessionals, teachers, school counselor assistants, and school counselor interns within the
150LEA for education and training to become licensed teachers or licensed school counselors.
151 (3) (a) The state board shall use money appropriated for the program to provide H.B. 411 02-07-23 12:15 PM
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152funding to LEAs that are awarded grants under the program to award scholarships to eligible
153candidates [whom principals within the LEA nominate, in an amount that the state board
154determines.].
155 (b) The state board shall:
156 (i) determine the amount of an award an LEA receives under the program; and
157 (ii) prioritize the amount of an award an LEA receives based upon an LEA's identified
158need.
159 (c) The principal within the participating LEA shall nominate a candidate for the
160scholarship awarded under this section.
161 (4) An LEA that participates in the program may select a candidate for a scholarship
162award if:
163 (a) the candidate is a resident of the state; and
164 (b) (i) for a paraprofessional:
165 (A) a school district or a charter school has employed the candidate as a
166paraprofessional for at least one year before entering the program; or
167 (B) subject to Subsection (5), the candidate has experience outside of the school
168district, the charter school, or the state that is equivalent to the experience described in
169Subsection (4)(b)(i)(A);
170 (ii) for a teacher, the candidate:
171 (A) was a paraprofessional who was awarded a scholarship;
172 (B) was offered employment as a teacher before the teacher completed the training to
173become a professionally licensed teacher; and
174 (C) is working as a teacher for the same LEA where the teacher previously worked as a
175paraprofessional and was awarded the scholarship.
176 (iii) for a school counselor assistant, the candidate:
177 (A) is enrolled in a bachelor's degree program in a related field; and
178 (B) demonstrates a commitment to continue the school counselor assistant's education
179after graduation in school counseling; or
180 (iv) for a school counselor intern, the candidate is enrolled in [an accredited] a school
181counselor master's degree program accredited by:
182 (A) the Council for Accreditation of Counseling and Related Educational Programs; or 02-07-23 12:15 PM H.B. 411
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183 (B) another regionally recognized accrediting body that meets the state board's
184standards for school counselor education programs.
185 (5) The percentage of an LEA's paraprofessional scholarship recipients who are eligible
186for a scholarship using equivalent experience under Subsection (4)(b)(i)(B) may not exceed
18720%.
188 (6) A scholarship award under the program may only be used for:
189 (a) tuition, books, fees, and certification tests for required coursework and licensure;
190 (b) stipends for mentors or school counselor assistants; and
191 (c) if the LEA pays 0.15 of a full-time equivalent and all employee benefits, payment
192of a 0.35 full-time equivalent for:
193 (i) a paraprofessional, up to one semester of student teaching; or
194 (ii) a school counselor assistant or school counselor intern, up to two semesters of
195practicum or internship hours.
196 (7) A paraprofessional scholarship recipient must be continuously employed as a
197paraprofessional by the paraprofessional's LEA while pursuing a degree using scholarship
198money under the program.
199 (8) The state board shall make rules in accordance with this section and Title 63G,
200Chapter 3, Utah Administrative Rulemaking Act, to administer the program, including rules
201regarding:
202 (a) grant and scholarship application procedures;
203 (b) procedures for distributing scholarship money;
204 (c) assignment and eligibility of qualified mentors;
205 (d) stipends for mentors or school counselor assistants;
206 (e) administrative costs for regional education service agencies, as that term is defined
207in Section 53G-4-410; and
208 (f) eligibility requirements for potential candidates for scholarships regarding the
209completion of the Free Application for Federal Student Aid and the acceptance of other grants,
210tuition or fee waivers, and scholarships offered to the candidate.