Utah 2023 Regular Session

Utah House Bill HB0411 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 411
	1	+	2nd Sub. H.B. 411
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: R. Bailey 6
	4	+	6 02-15-23 8:39 PM 6
	5	+	H.B. 411
	6	+	2nd Sub. (Gray)
	7	+	Representative Karen M. Peterson proposes the following substitute bill:
2	8		1 STUDENT BEHAVIORAL HEALTH SERVI CES AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Karen M. Peterson
6		-	5 Senate Sponsor: ~~Ann Millner~~
	12	+	5 Senate Sponsor: ____________
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill amends provisions for supporting student mental health in schools.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <defines terms;
14	20		13 <allows behavioral health support personnel to support school mental health
15	21		14professionals;
16	22		15 <requires the State Board of Education to provide guidance to local education
17	23		16agencies for staffing structure and support; and
18	24		17 <makes technical and conforming changes.
19	25		18Money Appropriated in this Bill:
20	26		19 None
21	27		20Other Special Clauses:
22	28		21 None
23	29		22Utah Code Sections Affected:
24	30		23AMENDS:
25	31		24 53F-2-415, as last amended by Laws of Utah 2022, Chapter 409
26	32		25 53F-5-218, as last amended by Laws of Utah 2022, Chapter 476
	33	+	HB0411S02 2nd Sub. (Gray) H.B. 411 02-15-23 8:39 PM
	34	+	- 2 -
27	35		26
28	36		27Be it enacted by the Legislature of the state of Utah:
29		-	28 Section 1. Section 53F-2-415 is amended to read: H.B. 411
30		-	Enrolled Copy
31		-	- 2 -
	37	+	28 Section 1. Section 53F-2-415 is amended to read:
32	38		29 53F-2-415. Student health and counseling support -- Qualifying personnel --
33	39		30Distribution formula -- Rulemaking.
34	40		31 (1) As used in this section:
35	41		32 (a) "Behavioral health support personnel" means an individual who:
36	42		33 (i) works under the direct supervision of qualifying personnel to:
37	43		34 (A) support and track a student's progress and access to and completion of school
38	44		35curriculum; and
39	45		36 (B) support students by prompting, redirecting, encouraging, and reinforcing positive
40	46		37behaviors;
41	47		38 (ii) is not certified or licensed in mental health; and
42	48		39 (iii) meets the professional qualifications as defined by state board rule;
43	49		40 [(a)] (b) "Qualifying personnel" means a school counselor or other counselor, a school
44	50		41psychologist or other psychologist, a school social worker or other social worker, or a school
45	51		42nurse who:
46	52		43 (i) is licensed; and
47	53		44 (ii) collaborates with educators and a student's parent on:
48	54		45 (A) early identification and intervention of the student's academic and mental health
49	55		46needs; and
50	56		47 (B) removing barriers to learning and developing skills and behaviors critical for the
51	57		48student's academic achievement.
52	58		49 [(b)] (c) "Telehealth services" means the same as that term is defined in Section
53	59		5026-60-102.
54	60		51 (2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
55	61		52the state board shall distribute money appropriated under this section to LEAs to provide [in a
56	62		53school] targeted school-based mental health support, including clinical services and
57	63		54trauma-informed care, through:
58		-	55 (i) employing qualifying personnel; [or] Enrolled Copy H.B. 411
	64	+	55 (i) employing qualifying personnel; [or]
	65	+	56 (ii) employing behavioral health support personnel; or 02-15-23 8:39 PM 2nd Sub. (Gray) H.B. 411
59	66		- 3 -
60		-	56 (ii) employing behavioral health support personnel; or
61	67		57 [(ii)] (iii) entering into contracts for services provided by qualifying personnel,
62	68		58including telehealth services.
63	69		59 (b) (i) The state board shall, after consulting with LEA governing boards, develop a
64	70		60formula to distribute money appropriated under this section to LEAs.
65	71		61 (ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
66	72		62incentivizes an LEA to provide school-based mental health support in collaboration with the
67	73		63local mental health authority of the county in which the LEA is located.
68	74		64 (iii) The state board shall provide guidance for LEAs regarding the training,
69	75		65qualifications, roles, and scopes of practice for qualifying personnel and behavioral health
70	76		66support personnel that incorporates parent consent and partnership as key components in
71	77		67addressing the mental health and behavioral health needs of students.
72	78		68 (3) To qualify for money under this section, an LEA shall submit to the state board a
73	79		69plan that includes:
74	80		70 (a) measurable goals approved by the LEA governing board on improving student
75	81		71safety, student engagement, school [culture] climate, or academic achievement;
76	82		72 (b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
77	83		73use of the money;
78	84		74 (c) how the LEA is meeting the requirements related to parent education described in
79	85		75Section 53G-9-703; and
80	86		76 (d) whether the LEA intends to provide school-based mental health support in
81	87		77collaboration with the local mental health authority of the county in which the LEA is located.
82	88		78 (4) The state board shall distribute money appropriated under this section to an LEA
83	89		79that qualifies under Subsection (3)[:]
84	90		80 [(a)], based on the formula described in Subsection (2)(b)[; and].
85	91		81 [(b) if the state board approves the LEA's plan before April 1, 2020, in an amount of
86		-	82money that the LEA equally matches using local money, unrestricted state money, or money H.B. 411
87		-	Enrolled Copy
88		-	- 4 -
	92	+	82money that the LEA equally matches using local money, unrestricted state money, or money
89	93		83distributed to the LEA under Section 53G-7-1303.]
90	94		84 (5) An LEA may not use money distributed by the state board under this section to
91	95		85supplant federal, state, or local money previously allocated to:
92	96		86 (a) employ qualifying personnel;
93		-	87 (b) employ behavioral health support personnel; or
	97	+	87 (b) employ behavioral health support personnel; or 2nd Sub. (Gray) H.B. 411 02-15-23 8:39 PM
	98	+	- 4 -
94	99		88 [(b)] (c) enter into contracts for services provided by qualified personnel, including
95	100		89telehealth services.
96	101		90 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
97	102		91state board shall make rules that establish:
98	103		92 (a) procedures for submitting a plan for and distributing money under this section;
99	104		93 (b) the formula the state board will use to distribute money to LEAs described in
100	105		94Subsection (2)(b); and
101	106		95 (c) in accordance with Subsection (7), annual reporting requirements for an LEA that
102	107		96receives money under this section.
103	108		97 (7) An LEA that receives money under this section shall submit an annual report to the
104	109		98state board, including:
105	110		99 (a) progress toward achieving the goals submitted under Subsection (3)(a);
106	111		100 (b) if the LEA discontinues a qualifying personnel position or a behavioral health
107	112		101support personnel position, the LEA's reason for discontinuing the [position] positions; and
108	113		102 (c) how the LEA, in providing school-based mental health support, complies with the
109	114		103provisions of Section 53E-9-203.
110	115		104 (8) Beginning on or before July 1, 2019, the state board shall provide training that
111	116		105instructs school personnel on the impact of childhood trauma on student learning, including
112	117		106information advising educators against practicing medicine, giving a diagnosis, or providing
113	118		107treatment.
114	119		108 (9) The state board may use up to:
115		-	109 (a) 2% of an appropriation under this section for costs related to the administration of Enrolled Copy H.B. 411
116		-	- 5 -
	120	+	109 (a) 2% of an appropriation under this section for costs related to the administration of
117	121		110the provisions of this section; and
118	122		111 (b) $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described
119	123		112in this section to provide scholarships for up to four years to certain LEA employees, as defined
120	124		113by the state board, for education and training to become a school social worker, a school
121	125		114psychologist, or other school-based mental health worker.
122	126		115 (10) Notwithstanding the provisions of this section, money appropriated under this
123	127		116section may be used, as determined by the state board, for:
124	128		117 (a) the SafeUT Crisis Line described in Section 53B-17-1202; or
125		-	118 (b) youth suicide prevention programs described in Section 53G-9-702.
	129	+	118 (b) youth suicide prevention programs described in Section 53G-9-702. 02-15-23 8:39 PM 2nd Sub. (Gray) H.B. 411
	130	+	- 5 -
126	131		119 Section 2. Section 53F-5-218 is amended to read:
127	132		120 53F-5-218. Grow Your Own Teacher and School Counselor Pipeline Program.
128	133		121 (1) As used in this section:
129	134		122 (a) "Paraprofessional" means an individual who:
130	135		123 (i) works with students in an LEA as a paraprofessional or in a similar teaching
131	136		124assistant position; and
132	137		125 (ii) is not licensed to teach.
133	138		126 (b) "Program" means the Grow Your Own Teacher and School Counselor Pipeline
134	139		127Program that this section creates.
135	140		128 (c) "School counselor" means an educator who is:
136	141		129 (i) licensed as a school counselor in accordance with state board rule; and
137	142		130 (ii) assigned to provide direct and indirect services to students in accordance with a
138	143		131school counseling program model that the state board provides.
139	144		132 (d) "School counselor assistant" means a student who is:
140	145		133 (i) enrolled in an accredited bachelor's degree program in a related field; and
141	146		134 (ii) completing the student's practicum experience in a school counseling department
142	147		135under the supervision of a licensed school counselor.
143		-	136 (e) "School counselor intern" means a student who is: H.B. 411
144		-	Enrolled Copy
145		-	- 6 -
	148	+	136 (e) "School counselor intern" means a student who is:
146	149		137 (i) enrolled in an accredited school counselor master's degree program; and
147	150		138 (ii) completing the student's hours of a supervised counseling internship by applying
148	151		139appropriate school counseling techniques under the supervision of a licensed school counselor.
149	152		140 (f) "Teacher" means an educator who has an assignment to teach in a classroom.
150	153		141 (2) The Grow Your Own Teacher and School Counselor Pipeline Program is a
151	154		142competitive grant program created to provide funding to LEAs to award scholarships to
152	155		143paraprofessionals, teachers, school counselor assistants, and school counselor interns within the
153	156		144LEA for education and training to become licensed teachers or licensed school counselors.
154	157		145 (3) (a) The state board shall use money appropriated for the program to provide
155	158		146funding to LEAs that are awarded grants under the program to award scholarships to eligible
156	159		147candidates [whom principals within the LEA nominate, in an amount that the state board
157	160		148determines.].
158		-	149 (b) The state board shall:
	161	+	149 (b) The state board shall: 2nd Sub. (Gray) H.B. 411 02-15-23 8:39 PM
	162	+	- 6 -
159	163		150 (i) determine the amount of an award an LEA receives under the program; and
160	164		151 (ii) prioritize the amount of an award an LEA receives based upon an LEA's identified
161	165		152need.
162	166		153 (c) The principal within the participating LEA shall nominate a candidate for the
163	167		154scholarship awarded under this section.
164	168		155 (4) An LEA that participates in the program may select a candidate for a scholarship
165	169		156award if:
166	170		157 (a) the candidate is a resident of the state; and
167	171		158 (b) (i) for a paraprofessional:
168	172		159 (A) a school district or a charter school has employed the candidate as a
169	173		160paraprofessional for at least one year before entering the program; or
170	174		161 (B) subject to Subsection (5), the candidate has experience outside of the school
171	175		162district, the charter school, or the state that is equivalent to the experience described in
172		-	163Subsection [(4)(b) (i)(A);] (4)(b)(i)(A); Enrolled Copy H.B. 411
173		-	- 7 -
	176	+	163Subsection [(4)(b) (i)(A);] (4)(b)(i)(A);
174	177		164 (ii) for a teacher, the candidate:
175	178		165 (A) was a paraprofessional who was awarded a scholarship;
176	179		166 (B) was offered employment as a teacher before the teacher completed the training to
177	180		167become a professionally licensed teacher; and
178	181		168 (C) is working as a teacher for the same LEA where the teacher previously worked as a
179	182		169paraprofessional and was awarded the scholarship.
180	183		170 (iii) for a school counselor assistant, the candidate:
181	184		171 (A) is enrolled in a bachelor's degree program in a related field; and
182	185		172 (B) demonstrates a commitment to continue the school counselor assistant's education
183	186		173after graduation in school counseling; or
184	187		174 (iv) for a school counselor intern, the candidate is enrolled in [an accredited] a school
185	188		175counselor master's degree program accredited by:
186	189		176 (A) the Council for Accreditation of Counseling and Related Educational Programs; or
187	190		177 (B) another regionally recognized accrediting body that meets the state board's
188	191		178standards for school counselor education programs.
189	192		179 (5) The percentage of an LEA's paraprofessional scholarship recipients who are eligible
190		-	180for a scholarship using equivalent experience under Subsection (4)(b)(i)(B) may not exceed
	193	+	180for a scholarship using equivalent experience under Subsection (4)(b)(i)(B) may not exceed 02-15-23 8:39 PM 2nd Sub. (Gray) H.B. 411
	194	+	- 7 -
191	195		18120%.
192	196		182 (6) A scholarship award under the program may only be used for:
193	197		183 (a) tuition, books, fees, and certification tests for required coursework and licensure;
194	198		184 (b) stipends for mentors or school counselor assistants; and
195	199		185 (c) if the LEA pays 0.15 of a full-time equivalent and all employee benefits, payment
196	200		186of a 0.35 full-time equivalent for:
197	201		187 (i) a paraprofessional, up to one semester of student teaching; or
198	202		188 (ii) a school counselor assistant or school counselor intern, up to two semesters of
199	203		189practicum or internship hours.
200		-	190 (7) A paraprofessional scholarship recipient must be continuously employed as a H.B. 411
201		-	Enrolled Copy
202		-	- 8 -
	204	+	190 (7) A paraprofessional scholarship recipient must be continuously employed as a
203	205		191paraprofessional by the paraprofessional's LEA while pursuing a degree using scholarship
204	206		192money under the program.
205	207		193 (8) The state board shall make rules in accordance with this section and Title 63G,
206	208		194Chapter 3, Utah Administrative Rulemaking Act, to administer the program, including rules
207	209		195regarding:
208	210		196 (a) grant and scholarship application procedures;
209	211		197 (b) procedures for distributing scholarship money;
210	212		198 (c) assignment and eligibility of qualified mentors;
211	213		199 (d) stipends for mentors or school counselor assistants;
212	214		200 (e) administrative costs for regional education service agencies, as that term is defined
213	215		201in Section 53G-4-410; and
214	216		202 (f) eligibility requirements for potential candidates for scholarships regarding the
215	217		203completion of the Free Application for Federal Student Aid and the acceptance of other grants,
216	218		204tuition or fee waivers, and scholarships offered to the candidate.