VT
Vermont House Bill H0323

Vermont 2025-2026 Regular Session

Vermont House Bill H0323 Compare Versions

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11 BILL AS INTRODUCED H.323
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55 VT LEG #380239 v.1
66 H.323 1
77 Introduced by Representatives Berbeco of Winooski, Black of Essex, and 2
88 McFaun of Barre Town 3
99 Referred to Committee on 4
1010 Date: 5
1111 Subject: Health; mental health; education; youth mental health screenings; 6
1212 curriculum; student peer support 7
1313 Statement of purpose of bill as introduced: This bill proposes to establish the 8
1414 Mental Health Innovation Special Fund for the purpose of funding various 9
1515 programs proposed by this bill, such as the behavioral health innovation 10
1616 program, a mental health screening program in schools, and a pilot peer-to-11
1717 peer mental health support program in schools. This bill further proposes a 12
1818 mental health and substance misuse literacy curriculum. 13
1919 An act relating to mental health programming funded by the Mental Health 14
2020 Innovation Special Fund 15
2121 It is hereby enacted by the General Assembly of the State of Vermont: 16
2222 * * * Mental Health Innovation Special Fund * * * 17
2323 Sec. 1. 18 V.S.A. § 7116 is added to read: 18
2424 § 7116. MENTAL HEALTH INNOVATION SPECIAL FUND 19 BILL AS INTRODUCED H.323
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2929 (a) There is created the Mental Health Innovation Special Fund, a special 1
3030 fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5 2
3131 and administered by the Department. The Mental Health Innovation Special 3
3232 Fund shall consist of: 4
3333 (1) all revenues raised by the Department of Taxes pursuant to 32 5
3434 V.S.A. § 5862g; and 6
3535 (2) monies received from public and private sources, including, gifts, 7
3636 grants, donations, bequests, contributions of cash or securities, contributions of 8
3737 property in kind from persons or governmental, nongovernmental, quasi-9
3838 governmental, or local government entities. 10
3939 (b) Monies in the Mental Health Innovation Special Fund shall be utilized 11
4040 exclusively for the mental health screening program established in 16 V.S.A. 12
4141 § 1433, the behavioral health innovation grant program established in section 13
4242 7115 of this title, and any other program or service specified in statute. 14
4343 (c) Revenues deposited in the Mental Health Innovation Special Fund that 15
4444 are unexpended at the end of the fiscal year shall not revert to the General 16
4545 Fund and shall be available for expenditure in the following fiscal year. 17
4646 Sec. 2. 32 V.S.A. § 5862g is added to read: 18
4747 § 5862g. MENTAL HEALTH INNOVATION SPECIAL FUND CHECKOFF 19
4848 (a) Returns filed by individuals shall include, on a form prescribed by the 20
4949 Commissioner of Taxes, an opportunity for the taxpayer to designate funds to 21 BILL AS INTRODUCED H.323
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5454 the Mental Health Innovation Special Fund established under 18 V.S.A. 1
5555 § 7116. 2
5656 (b) Amounts designated under subsection (a) of this section shall be 3
5757 deducted from refunds due to, or overpayment made by, the designating 4
5858 taxpayer. All amounts so designated and deducted shall be deposited in an 5
5959 account by the Commissioner of Taxes for payment to the Mental Health 6
6060 Innovation Special Fund. If at any time after the payment of amounts 7
6161 designated to the account it is determined that the taxpayer was not entitled to 8
6262 all or any part of the amount designated, the Commissioner may assess, and the 9
6363 account shall then pay to the Commissioner, the amount received, together 10
6464 with interest at the rate prescribed by section 3108 of this title, from the date 11
6565 the payment was made until the date of repayment. 12
6666 (c) The Commissioner of Taxes shall: 13
6767 (1) explain to taxpayers the purpose of the Mental Health Innovation 14
6868 Special Fund and how to contribute to it; and 15
6969 (2) provide notice regarding how to obtain a copy of the annual income 16
7070 and expense report for the Mental Health Innovation Special Fund. 17
7171 (d) If amounts paid with respect to a return are insufficient to cover both 18
7272 the amount owed on the return under this chapter and the amount designated as 19
7373 a contribution to the Mental Health Innovation Special Fund, the payment shall 20 BILL AS INTRODUCED H.323
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7878 first be applied to the amount owed on the return under this chapter and the 1
7979 balance, if any, shall be deposited in the Special Fund. 2
8080 (e) Nothing in this section shall be construed to require the Commissioner 3
8181 to collect any amount designated as a contribution to the Mental Health 4
8282 Innovation Special Fund. 5
8383 * * * Behavioral Health Innovation Grant Program * * * 6
8484 Sec. 3. 18 V.S.A. § 7115 is added to read: 7
8585 § 7115. BEHAVIORAL HEALTH INNOVATION GRANT PROGRAM 8
8686 (a) To the extent funds permit, the Agency of Human Services shall 9
8787 establish and administer a behavioral health innovation grant program to 10
8888 support qualified care providers working in the mental health and substance 11
8989 misuse treatment fields using available monies from the Mental Health 12
9090 Innovation Special Fund established in section 7116 of this title. Grants issued 13
9191 by the Agency in accordance with this section shall enhance innovation in the 14
9292 workforce and foster quality improvements among qualified care providers. 15
9393 (b) The Agency shall accept applications for a behavioral health innovation 16
9494 grant in a format prescribed by the Agency in rule on a rolling basis beginning 17
9595 on January 1, 2026. In awarding grants pursuant to this section, priority shall 18
9696 be given to applications proposing to: 19
9797 (1) develop or expand youth and school-based services; 20
9898 (2) improve workforce development, training, and education; 21 BILL AS INTRODUCED H.323
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103103 (3) increase technical assistance to implement best practices; 1
104104 (4) pilot promising, emerging best practices; or 2
105105 (5) pilot workforce retention incentives. 3
106106 (c) Annually on December 15, the Agency shall submit a report on the 4
107107 expenditures of the behavioral health innovation grant program established in 5
108108 this section to the House Committees on Health Care and on Human Services 6
109109 and to the Senate Committee on Health and Welfare. Specifically, the report 7
110110 shall address: 8
111111 (1) the revenue credited to the Mental Health Innovation Special Fund; 9
112112 (2) the amount of fund expenditures attributable to administrative costs; 10
113113 (3) an itemized list of the funds expended through the grant process and 11
114114 a description of the grantee activities; and 12
115115 (4) the effectiveness of the activities funded though the program 13
116116 established in this section. 14
117117 (d) The Agency shall adopt rules pursuant to 3 V.S.A. chapter 25 for the 15
118118 purpose of administering the program established in this section. 16
119119 (e) As used in this section, “qualified care provider” means an individual 17
120120 licensed as a psychologist pursuant to 26 V.S.A. chapter 55, an individual 18
121121 licensed as an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 19
122122 62, an individual licensed as a clinical mental health counselor pursuant to 26 20
123123 V.S.A. chapter 65, an individual licensed as a psychoanalyst pursuant to 26 21 BILL AS INTRODUCED H.323
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128128 V.S.A. chapter 77, or an organization accredited by a national accrediting 1
129129 entity to provide mental health or substance misuse treatment in the State. 2
130130 Sec. 4. APPROPRIATION; BEHAVIORAL HEALTH INNOVATION 3
131131 GRANT PROGRAM 4
132132 In fiscal year 2026, $10,000.00 is appropriated from the General Fund for 5
133133 the behavioral health innovation grant program established in 18 V.S.A. 6
134134 § 7115. It is the intent of the General Assembly that the behavioral health 7
135135 innovation grant program shall be funded by the Mental Health Innovation 8
136136 Special Fund established in 18 V.S.A. § 7116 in future fiscal years. 9
137137 * * * Mental Health and Substance Misuse Literacy * * * 10
138138 Sec. 5. 16 V.S.A. § 914 is added to read: 11
139139 § 914. MENTAL HEALTH AND SUBSTANCE MISUSE LITERACY 12
140140 (a) The Agency of Education, in collaboration with the Departments of 13
141141 Health and of Mental Health, shall select a curriculum to increase awareness 14
142142 about mental health and substance misuse challenges facing youth throughout 15
143143 the State. The curriculum shall include age-appropriate information on: 16
144144 (1) the connection and importance of mental health to an individual’s 17
145145 physical health and overall well-being; 18
146146 (2) resources and tools for maintaining mental wellness, including 19
147147 evidence-based practices used to overcome mental health and substance misuse 20
148148 challenges; 21 BILL AS INTRODUCED H.323
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153153 (3) signs and symptoms of common mental health and substance misuse 1
154154 challenges and strategies for responding to those signs and symptoms; 2
155155 (4) the prevalence of mental health and substance misuse challenges 3
156156 across all populations; 4
157157 (5) common mental health and substance misuse conditions and 5
158158 evidence-based treatments for common conditions; and 6
159159 (6) how to seek assistance or support for a mental health or substance 7
160160 misuse challenge in school and the community at large. 8
161161 (b) The Agency shall post the selected mental health and substance misuse 9
162162 curriculum on its website. 10
163163 (c) The Agency shall distribute the curriculum to school districts, parents 11
164164 and guardians, and organizations serving youth in the State. 12
165165 * * * Mental Health Screening Program in Schools * * * 13
166166 Sec. 6. 16 V.S.A. § 1433 is added to read: 14
167167 § 1433. MENTAL HEALTH SCREENING PROGRAM 15
168168 (a) As used in this subchapter: 16
169169 (1) “Agency” means the Agency of Education. 17
170170 (2) “Department” means the Department of Mental Health. 18
171171 (b) The Agency, in collaboration with the Department, shall develop and 19
172172 administer a program authorizing each supervisory union to provide or arrange 20
173173 for the provision of evidence-based mental health screening services within the 21 BILL AS INTRODUCED H.323
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178178 schools it oversees. The mental health screening services provided pursuant to 1
179179 this section shall be approved by the Agency, in consultation with the 2
180180 Department. Mental health screening services provided by a supervisory union 3
181181 shall: 4
182182 (1) be age appropriate for each grade served; 5
183183 (2) screen for those mental health conditions determined by the Agency 6
184184 in rule; and 7
185185 (3) effectively identify whether a student has a mental health condition 8
186186 requiring intervention or treatment. 9
187187 (c) Pursuant to 3 V.S.A. chapter 25, the State Board of Education, in 10
188188 collaboration with the Department, shall adopt rules for the administration of 11
189189 this program that address the following: 12
190190 (1) the process for a supervisory union to notify the Agency of its 13
191191 decision to participate in the mental health screening program; 14
192192 (2) access to and use of a participating student’s screening data 15
193193 consistent with the federal Family Educational Rights and Privacy Act, 20 16
194194 U.S.C. § 1232g and 34 C.F.R. part 99 (FERPA), and any relevant provisions of 17
195195 State law; 18
196196 (3) annual training requirements related to the mental health screening 19
197197 program; 20 BILL AS INTRODUCED H.323
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202202 (4) specific mental health conditions that the mental health screening 1
203203 services seek to identify; and 2
204204 (5) the process and specific criteria for distribution of financial support 3
205205 pursuant to subsection (e) of this section. 4
206206 (d) On or before July 1 of each year, a supervisory union shall notify the 5
207207 Agency, in a manner specified in rule, as to whether the supervisory union 6
208208 intends to participate in the mental health screening program for the following 7
209209 academic year. A participating supervisory union shall: 8
210210 (1) select and seek approval from the Department regarding the mental 9
211211 health screening services it plans to offer as part of its participation in the 10
212212 program; 11
213213 (2) annually notify parents and guardians with a student in the 12
214214 supervisory union that the parent or guardian may choose to have the student 13
215215 screened for mental health conditions; 14
216216 (3) obtain prior written consent from a student’s parent or guardian prior 15
217217 to conducting a mental health screening in manner that complies with FERPA; 16
218218 (4) provide or cause to be provided the approved mental health 17
219219 screening services to participating students; 18
220220 (5) notify parents and guardians of the results of a participating student’s 19
221221 mental health screening; 20 BILL AS INTRODUCED H.323
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226226 (6) discuss resources with the parents and guardians of a participating 1
227227 student who screens positive for a potential mental health condition; and 2
228228 (7) use funds distributed by the Agency for expenses related to 3
229229 participation in the program pursuant to subsection (e) of this section, 4
230230 including services for certain students screening positive for a mental health 5
231231 condition. 6
232232 (e) To the extent funds permit, the Agency shall distribute funds 7
233233 appropriated for this purpose from the Mental Health Innovation Special Fund 8
234234 established in 18 V.S.A. § 7116 to supervisory unions participating in the 9
235235 mental health screening program established in this section. Of the funds 10
236236 available for the mental health screening program, 90 percent shall be 11
237237 distributed to participating supervisory unions based on the previous year’s 12
238238 average daily membership count and 10 percent shall be available as needed to 13
239239 participating supervisory unions that have exhausted other funds distributed for 14
240240 this purpose. Funds distributed pursuant to this subsection shall be used to 15
241241 fund mental health screening services, trainings for school personnel, and for 16
242242 those services recommended to a student screening positive for a potential 17
243243 mental health condition when a parent or guardian does not have the financial 18
244244 resources to provide the recommended services. 19
245245 (f) A school employee receiving training pursuant to this chapter shall be 20
246246 immune from civil or criminal liability with regard to mental health screening 21 BILL AS INTRODUCED H.323
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251251 services, unless the employee’s actions constituted recklessness, gross 1
252252 negligence, or intentional misconduct. 2
253253 (g) Annually on July 1, the Agency, in collaboration with the Department, 3
254254 shall submit a report to the House Committee on Health Care and to the Senate 4
255255 Committee on Health and Welfare describing: 5
256256 (1) the number of participating students who received a mental health 6
257257 screening pursuant to this section during the previous school year; 7
258258 (2) the number of participating students referred to additional services or 8
259259 for whom intervention was required; 9
260260 (3) how funds distributed to participating supervisory unions were used; 10
261261 and 11
262262 (4) whether the distributed funds were sufficient to meet supervisory 12
263263 union needs under this section. 13
264264 Sec. 7. APPROPRIATION; MENTAL HEALTH SCREENING PROGRAM 14
265265 In fiscal year 2026, $10,000.00 is appropriated from the General Fund for 15
266266 the mental health screening program established in 16 V.S.A. § 1433. It is the 16
267267 intent of the General Assembly that the mental health screening program shall 17
268268 be funded by the Mental Health Innovation Special Fund established in 18 18
269269 V.S.A. § 7116 in future fiscal years. 19
270270 * * * Peer-to-Peer Mental Health Support in Schools * * * 20
271271 Sec. 8. PEER-TO-PEER MENTAL HEALTH SUPPORT PROGRAM 21 BILL AS INTRODUCED H.323
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276276 (a) The Agency of Education, in collaboration with the Department of 1
277277 Mental Health, shall establish a four-year pilot program for the distribution of 2
278278 grants that fund peer-to-peer mental health support programs in public and 3
279279 approved independent schools. Peer-to-peer mental health support programs 4
280280 shall enable students to provide and receive peer support and coaching from 5
281281 other students in relation to mental health challenges. Each program shall have 6
282282 the oversight of a certified peer support provider and guidance from a school-7
283283 based mental health service provider. 8
284284 (b) The Agency of Education shall accept grant applications for peer-to-9
285285 peer mental health services programs on a rolling basis beginning on August 1, 10
286286 2026. In awarding grants pursuant to this section, priority shall be given to 11
287287 applications submitted by a public or an approved independent school that: 12
288288 (1) propose using the grant for a peer-to-peer mental health program 13
289289 with a suicide prevention component; or 14
290290 (2) are located in an area of the State that has high rates of suicide or has 15
291291 experienced a recent traumatic event. 16
292292 (c) Certified peer support specialists and school employees assisting with a 17
293293 peer-to-peer mental health support program that is awarded a grant pursuant to 18
294294 this section shall receive training in the following: 19
295295 (1) empathetic listening; 20
296296 (2) enhancing protective mental health factors; 21 BILL AS INTRODUCED H.323
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301301 (3) recognizing and appropriately responding to risk factors and warning 1
302302 signs associated with mental health and substance misuse challenges, including 2
303303 co-occurring challenges; 3
304304 (4) connecting students with professional mental health services and 4
305305 recovery supports, as necessary; and 5
306306 (5) any other areas included in the National Model Standards for Peer 6
307307 Support Certification of Substance Abuse and Mental Health Services 7
308308 Administration. 8
309309 (d) On or before January 1, 2030, the Agency of Education, in 9
310310 collaboration with the Department of Mental Health, shall submit a report to 10
311311 the House Committee on Health Care and to the Senate Committee on Health 11
312312 and Welfare evaluating the efficacy of the program, including: 12
313313 (1) student participation in the program; 13
314314 (2) the efficacy of the training provided to participating certified peer 14
315315 support specialists and school employees assisting with the program; 15
316316 (3) the percentage of students participating in the program who reported 16
317317 improved mental health outcomes; and 17
318318 (4) the number of participating students connected with professional 18
319319 mental services due to program participation. 19 BILL AS INTRODUCED H.323
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324324 (e) In fiscal year 2027, $10,000.00 is appropriated from the Mental Health 1
325325 Innovation Special Fund established pursuant to 18 V.S.A. § 7116 to fund the 2
326326 grants awarded pursuant to this section. 3
327327 * * * Effective Date * * * 4
328328 Sec. 9. EFFECTIVE DATE 5
329329 This act shall take effect on July 1, 2025. 6