Enrolled Copy 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: Ann Millner
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:
28 Section 1. Section 53F-2-415 is amended to read: H.B. 411
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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] Enrolled Copy H.B. 411
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56 (ii) employing behavioral health support personnel; or
57 [(ii)] (iii) entering into contracts for services provided by qualifying personnel,
58including telehealth services.
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 incorporates parent consent and partnership as key components in
67addressing the mental health and behavioral health needs of students.
68 (3) To qualify for money under this section, an LEA shall submit to the state board a
69plan that includes:
70 (a) measurable goals approved by the LEA governing board on improving student
71safety, student engagement, school [culture] climate, or academic achievement;
72 (b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
73use of the money;
74 (c) how the LEA is meeting the requirements related to parent education described in
75Section 53G-9-703; and
76 (d) whether the LEA intends to provide school-based mental health support in
77collaboration with the local mental health authority of the county in which the LEA is located.
78 (4) The state board shall distribute money appropriated under this section to an LEA
79that qualifies under Subsection (3)[:]
80 [(a)], based on the formula described in Subsection (2)(b)[; and].
81 [(b) if the state board approves the LEA's plan before April 1, 2020, in an amount of
82money that the LEA equally matches using local money, unrestricted state money, or money H.B. 411
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83distributed to the LEA under Section 53G-7-1303.]
84 (5) An LEA may not use money distributed by the state board under this section to
85supplant federal, state, or local money previously allocated to:
86 (a) employ qualifying personnel;
87 (b) employ behavioral health support personnel; or
88 [(b)] (c) enter into contracts for services provided by qualified personnel, including
89telehealth services.
90 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
91state board shall make rules that establish:
92 (a) procedures for submitting a plan for and distributing money under this section;
93 (b) the formula the state board will use to distribute money to LEAs described in
94Subsection (2)(b); and
95 (c) in accordance with Subsection (7), annual reporting requirements for an LEA that
96receives money under this section.
97 (7) An LEA that receives money under this section shall submit an annual report to the
98state board, including:
99 (a) progress toward achieving the goals submitted under Subsection (3)(a);
100 (b) if the LEA discontinues a qualifying personnel position or a behavioral health
101support personnel position, the LEA's reason for discontinuing the [position] positions; and
102 (c) how the LEA, in providing school-based mental health support, complies with the
103provisions of Section 53E-9-203.
104 (8) Beginning on or before July 1, 2019, the state board shall provide training that
105instructs school personnel on the impact of childhood trauma on student learning, including
106information advising educators against practicing medicine, giving a diagnosis, or providing
107treatment.
108 (9) The state board may use up to:
109 (a) 2% of an appropriation under this section for costs related to the administration of Enrolled Copy H.B. 411
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110the provisions of this section; and
111 (b) $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described
112in this section to provide scholarships for up to four years to certain LEA employees, as defined
113by the state board, for education and training to become a school social worker, a school
114psychologist, or other school-based mental health worker.
115 (10) Notwithstanding the provisions of this section, money appropriated under this
116section may be used, as determined by the state board, for:
117 (a) the SafeUT Crisis Line described in Section 53B-17-1202; or
118 (b) youth suicide prevention programs described in Section 53G-9-702.
119 Section 2. Section 53F-5-218 is amended to read:
120 53F-5-218. Grow Your Own Teacher and School Counselor Pipeline Program.
121 (1) As used in this section:
122 (a) "Paraprofessional" means an individual who:
123 (i) works with students in an LEA as a paraprofessional or in a similar teaching
124assistant position; and
125 (ii) is not licensed to teach.
126 (b) "Program" means the Grow Your Own Teacher and School Counselor Pipeline
127Program that this section creates.
128 (c) "School counselor" means an educator who is:
129 (i) licensed as a school counselor in accordance with state board rule; and
130 (ii) assigned to provide direct and indirect services to students in accordance with a
131school counseling program model that the state board provides.
132 (d) "School counselor assistant" means a student who is:
133 (i) enrolled in an accredited bachelor's degree program in a related field; and
134 (ii) completing the student's practicum experience in a school counseling department
135under the supervision of a licensed school counselor.
136 (e) "School counselor intern" means a student who is: H.B. 411
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137 (i) enrolled in an accredited school counselor master's degree program; and
138 (ii) completing the student's hours of a supervised counseling internship by applying
139appropriate school counseling techniques under the supervision of a licensed school counselor.
140 (f) "Teacher" means an educator who has an assignment to teach in a classroom.
141 (2) The Grow Your Own Teacher and School Counselor Pipeline Program is a
142competitive grant program created to provide funding to LEAs to award scholarships to
143paraprofessionals, teachers, school counselor assistants, and school counselor interns within the
144LEA for education and training to become licensed teachers or licensed school counselors.
145 (3) (a) The state board shall use money appropriated for the program to provide
146funding to LEAs that are awarded grants under the program to award scholarships to eligible
147candidates [whom principals within the LEA nominate, in an amount that the state board
148determines.].
149 (b) The state board shall:
150 (i) determine the amount of an award an LEA receives under the program; and
151 (ii) prioritize the amount of an award an LEA receives based upon an LEA's identified
152need.
153 (c) The principal within the participating LEA shall nominate a candidate for the
154scholarship awarded under this section.
155 (4) An LEA that participates in the program may select a candidate for a scholarship
156award if:
157 (a) the candidate is a resident of the state; and
158 (b) (i) for a paraprofessional:
159 (A) a school district or a charter school has employed the candidate as a
160paraprofessional for at least one year before entering the program; or
161 (B) subject to Subsection (5), the candidate has experience outside of the school
162district, the charter school, or the state that is equivalent to the experience described in
163Subsection [(4)(b) (i)(A);] (4)(b)(i)(A); Enrolled Copy H.B. 411
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164 (ii) for a teacher, the candidate:
165 (A) was a paraprofessional who was awarded a scholarship;
166 (B) was offered employment as a teacher before the teacher completed the training to
167become a professionally licensed teacher; and
168 (C) is working as a teacher for the same LEA where the teacher previously worked as a
169paraprofessional and was awarded the scholarship.
170 (iii) for a school counselor assistant, the candidate:
171 (A) is enrolled in a bachelor's degree program in a related field; and
172 (B) demonstrates a commitment to continue the school counselor assistant's education
173after graduation in school counseling; or
174 (iv) for a school counselor intern, the candidate is enrolled in [an accredited] a school
175counselor master's degree program accredited by:
176 (A) the Council for Accreditation of Counseling and Related Educational Programs; or
177 (B) another regionally recognized accrediting body that meets the state board's
178standards for school counselor education programs.
179 (5) The percentage of an LEA's paraprofessional scholarship recipients who are eligible
180for a scholarship using equivalent experience under Subsection (4)(b)(i)(B) may not exceed
18120%.
182 (6) A scholarship award under the program may only be used for:
183 (a) tuition, books, fees, and certification tests for required coursework and licensure;
184 (b) stipends for mentors or school counselor assistants; and
185 (c) if the LEA pays 0.15 of a full-time equivalent and all employee benefits, payment
186of a 0.35 full-time equivalent for:
187 (i) a paraprofessional, up to one semester of student teaching; or
188 (ii) a school counselor assistant or school counselor intern, up to two semesters of
189practicum or internship hours.
190 (7) A paraprofessional scholarship recipient must be continuously employed as a H.B. 411
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191paraprofessional by the paraprofessional's LEA while pursuing a degree using scholarship
192money under the program.
193 (8) The state board shall make rules in accordance with this section and Title 63G,
194Chapter 3, Utah Administrative Rulemaking Act, to administer the program, including rules
195regarding:
196 (a) grant and scholarship application procedures;
197 (b) procedures for distributing scholarship money;
198 (c) assignment and eligibility of qualified mentors;
199 (d) stipends for mentors or school counselor assistants;
200 (e) administrative costs for regional education service agencies, as that term is defined
201in Section 53G-4-410; and
202 (f) eligibility requirements for potential candidates for scholarships regarding the
203completion of the Free Application for Federal Student Aid and the acceptance of other grants,
204tuition or fee waivers, and scholarships offered to the candidate.