PRIOR PRINTER'S NO. 2810
PRINTER'S NO. 3016
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2022
Session of
2022
INTRODUCED BY KAUFER, SCHLOSSBERG, HENNESSEY, HILL-EVANS,
PICKETT, GUENST, FARRY AND CIRESI, MARCH 9, 2022
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 25, 2022
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in preliminary provisions, providing
for school-based behavioral health assistance SCHOOL-BASED
MENTAL HEALTH SERVICES PILOT GRANT PROGRAM.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 130. School-Based Behavioral Health Assistance.--(a)
A school entity may place a behavioral health representative
under the supervision of the superintendent or other chief
administrative officer of the school entity or a designee, who
may communicate and interact with students at the school entity
to provide social and mental health support assistance. The
behavioral health representative may utilize any of the
following:
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(1) Evidence-based programs for students that provide:
(i) a positive school climate;
(ii) crisis management;
(iii) suicide prevention strategies; or
(iv) skills to communicate with peers and adults, manage
emotions, setting goals, establishing and maintaining positive
relationships and making responsible decisions that support
success in school and life.
(2) Early intervention services for students to deal with
grief, trauma, anger, anxiety or sadness.
(b) A school entity may have one or more behavioral health
representatives who:
(1) May be stationed at more than one school in the school
entity.
(2) Have met the requirements under sections 111, 111.1 and
1109(a) and 23 Pa.C.S. Ch. 63 Subch. C (relating to powers and
duties of department).
(3) Are not employees of the school entity.
(c) A school entity shall develop a policy and plan to
provide social and mental support services for all students.
(d) A school entity shall enter into a memorandum of
understanding with the behavioral health assistance entity with
which the behavioral health representative is affiliated or
employed. The memorandum of understanding shall outline space,
supplies, equipment, cost responsibilities and student privacy
requirements. The memorandum of understanding shall be
supplemented or updated as necessary and shall specify the
following:
(1) The name of the school entity and each school in which
the student communication and interaction will occur.
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(2) The name of the point of contact within the behavioral
health assistance entity that shall receive updates on the
activities of the behavioral health representative.
(3) The name of and schedule for the behavioral health
representative.
(4) The nature and extent of the ongoing communications
between the school entity and behavioral health assistance
entity.
(5) Necessary procedures to address confidentiality, school
security and the safety of each student, behavioral health
representative and school superintendent or other chief
administrative officer of a school entity or their designee.
(6) Any other provisions deemed necessary by the school
entity or behavioral health assistance entity.
(e) The name of the behavioral health representative shall
be noted in the school record of each student who interacts with
the behavioral health representative.
(f) Except as otherwise provided by court order, notice and
the information under subsection (e) shall be provided to the
student's parent, legal guardian, foster parent or other
education decision maker.
(g) Within ninety (90) days of the effective date of this
section, the Department of Education, in conjunction with the
Department of Human Services, shall develop guidelines to
implement the provisions of this section. Upon development of
the guidelines, the Department of Education shall post the
guidelines on its publicly accessible Internet website.
(h) The Department of Education may solicit and accept
Federal, State and private money to assist a school entity with
implementing this section.
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(i) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Behavioral health assistance entity." An entity that is a:
(1) county behavior and mental health service;
(2) county social service; or
(3) community partner for social or mental health
organization or agency.
"Behavioral health representative." An individual who is a
volunteer with a behavioral health background or is employed by
a behavioral health assistance entity.
"School entity." A school district, area career and
technical school, intermediate unit, charter school, regional
charter school and cyber charter school.
SECTION 130. SCHOOL-BASED MENTAL HEALTH SERVICES PILOT GRANT
PROGRAM.-- (A) THE SCHOOL-BASED MENTAL HEALTH SERVICES PILOT
GRANT PROGRAM IS ESTABLISHED WITHIN THE DEPARTMENT TO AWARD
GRANTS TO SCHOOL ENTITIES FOR THE PURPOSE OF PROVIDING
SUPPLEMENTAL MENTAL HEALTH SERVICES TO THEIR STUDENTS THAT ARE
IN ADDITION TO SERVICES PROVIDED BY THE EMPLOYES OF SCHOOL
ENTITIES. THE PROGRAM SHALL SUPPORT THE USE OF COMMUNITY
RESOURCES AND ORGANIZATIONS SO THAT STUDENTS OF A SCHOOL ENTITY
CAN HAVE THEIR MENTAL HEALTH NEEDS MET WITHIN THE SCHOOL ENTITY.
(B) WITHIN NINETY (90) DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, THE DEPARTMENT SHALL DEVELOP A PROCEDURE FOR AWARDING
GRANTS, INCLUDING AN APPLICATION FORM AND A REVIEW PROCESS. THE
APPLICATION FORM SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING:
(1) A DESCRIPTION OF THE WAY THE SCHOOL ENTITY INTENDS TO
USE THE GRANT AWARD TO PROVIDE SUPPLEMENTAL MENTAL HEALTH
SERVICES TO STUDENTS IN A SCHOOL SETTING.
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(2) A DESCRIPTION OF HOW MENTAL HEALTH SPECIALISTS WILL
CONSULT WITH SCHOOL STAFF, INCLUDING MULTIDISCIPLINARY TEAMS,
THE SERVICES THAT MENTAL HEALTH SPECIALISTS WILL PROVIDE AND HOW
MENTAL HEALTH SPECIALISTS WILL WORK UNDER THE SUPERVISION OF AN
EMPLOYE OF THE SCHOOL ENTITY WHO IS IDENTIFIED BY THE SCHOOL
ENTITY'S CHIEF SCHOOL ADMINISTRATOR AS THE COORDINATOR OF
SUPPLEMENTAL MENTAL HEALTH SERVICES WITHIN THE SCHOOL ENTITY.
(3) THE AMOUNT OF GRANT MONEY REQUESTED.
(4) ADDITIONAL INFORMATION THE DEPARTMENT DETERMINES IS
NECESSARY.
(C) THE DEPARTMENT SHALL AWARD GRANT AWARDS EACH FISCAL
YEAR. A SCHOOL ENTITY MAY RECEIVE A GRANT AWARD IN MULTIPLE
FISCAL YEARS. GRANT MONEY RECEIVED BY A SCHOOL ENTITY UNDER THE
PROGRAM MAY NOT BE INCLUDED WHEN CALCULATING THE AMOUNT TO BE
PAID TO A CHARTER SCHOOL UNDER SECTION 1725-A.
(D) THE DEPARTMENT SHALL MAKE NO MORE THAN THIRTY-FIVE (35)
GRANT AWARDS EACH FISCAL YEAR OF THE PROGRAM. GRANT AWARDS SHALL
BE GEOGRAPHICALLY DISPERSED ACROSS THIS COMMONWEALTH NO LATER
THAN DECEMBER 1, 2022, AND JULY 1 OF EACH YEAR THEREAFTER.
(E) IN ORDER TO RECEIVE A GRANT, A SCHOOL ENTITY MUST AGREE
TO USE GRANT MONEY TO SUPPLEMENT AND NOT SUPPLANT EXISTING
SCHOOL ENTITY SPENDING ON STUDENT MENTAL HEALTH SERVICES, AND
FOR ANY FISCAL YEAR IN WHICH THE SCHOOL ENTITY RECEIVES A GRANT,
THE SCHOOL ENTITY MAY NOT REDUCE, CURTAIL OR ELIMINATE ANY
PROGRAM OR SERVICE RELATED TO STUDENT MENTAL HEALTH THAT EXISTED
AT THE TIME OF APPLICATION.
(F) THE DEPARTMENT SHALL FUND GRANT AWARDS WITH
APPROPRIATIONS FOR THE PROGRAM OR WITH GRANTS OR OTHER FUNDING
FROM THE FEDERAL GOVERNMENT, PRIVATE FOUNDATIONS OR OTHER
SOURCES.
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(G) A SCHOOL ENTITY THAT RECEIVES A GRANT AWARD SHALL DO THE
FOLLOWING:
(1) POST THE APPROVED APPLICATION ON THE SCHOOL ENTITY'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(2) ENTER INTO ONE OR MORE MEMORANDA OF UNDERSTANDING WITH
THE MENTAL HEALTH SERVICES ENTITY WITH WHICH THE MENTAL HEALTH
SPECIALIST IS AFFILIATED OR EMPLOYED. A MEMORANDUM OF
UNDERSTANDING UNDER THIS PARAGRAPH SHALL BE SUPPLEMENTED OR
UPDATED AS NECESSARY AND SHALL SPECIFY THE FOLLOWING:
(I) THE NAME OF THE SCHOOL ENTITY AND EACH SCHOOL IN WHICH
SUPPLEMENTAL MENTAL HEALTH SERVICES WILL BE PROVIDED.
(II) THE COST AND LENGTH OF THE AGREEMENT.
(III) A DESCRIPTION OF THE FOLLOWING:
(A) THE MANNER IN WHICH MENTAL HEALTH SPECIALISTS WILL WORK
IN CONSULTATION AND COORDINATION WITH EXISTING SCHOOL
COUNSELORS, SOCIAL WORKERS AND SCHOOL PSYCHOLOGISTS WHO ARE
EMPLOYED BY THE SCHOOL ENTITY.
(B) HOW THE MENTAL HEALTH SERVICES SPECIALIST WILL WORK
UNDER THE SUPERVISION OF AN EMPLOYE DESIGNATED BY THE CHIEF
SCHOOL ADMINISTRATOR OF THE SCHOOL ENTITY.
(C) THE SERVICES THAT THE MENTAL HEALTH SPECIALIST WILL
PROVIDE.
(IV) THE NAME OF THE MENTAL HEALTH SPECIALIST WHO WILL BE
ASSIGNED TO THE SCHOOL ENTITY, THE QUALIFICATIONS OF THE MENTAL
HEALTH SPECIALIST AND EVIDENCE THAT THE MENTAL HEALTH SPECIALIST
HAS SATISFIED THE REQUIREMENTS UNDER SECTIONS 111, 111.1 AND
1109(A) AND 23 PA.C.S. CH. 63 SUBCH. C (RELATING TO POWERS AND
DUTIES OF DEPARTMENT).
(V) THE NAME OF THE POINT OF CONTACT WITHIN THE MENTAL
HEALTH SERVICES ENTITY WITH WHICH THE MENTAL HEALTH SPECIALIST
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IS AFFILIATED AND A PROCESS BY WHICH THE POINT OF CONTACT SHALL
COOPERATE WITH THE SCHOOL ENTITY TO RESOLVE CONCERNS REGARDING
SERVICES PROVIDED BY THE MENTAL HEALTH SPECIALIST.
(VI) A DESCRIPTION OF QUALITY STANDARDS THAT THE MENTAL
HEALTH SERVICES ENTITY WILL MEET WITH RESPECT TO CONTINUITY OF
MENTAL HEALTH SPECIALISTS ASSIGNED TO SCHOOL ENTITIES TO PROVIDE
SUPPLEMENTAL MENTAL HEALTH SERVICES TO INDIVIDUAL STUDENTS.
(H) A SCHOOL ENTITY SHALL ENSURE THAT SUPPLEMENTAL MENTAL
HEALTH SERVICES FUNDED WITH A GRANT ARE PROVIDED CONSISTENT WITH
THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (PUBLIC
LAW 90-247, 20 U.S.C. § 1232G), WITH ANY PROVISION OF THIS ACT
AND WITH THE SCHOOL ENTITY'S TRAUMA-INFORMED APPROACH PLAN
DEVELOPED UNDER SECTION 1311-B, THE STUDENT SERVICES PLAN
REQUIRED UNDER 22 PA. CODE § 12.41 (RELATING TO STUDENT
SERVICES) AND THE STUDENT ASSISTANCE PROGRAM REQUIRED UNDER 22
PA. CODE § 12.42 (RELATING TO STUDENT ASSISTANCE PROGRAM).
(I) (1) AFTER ENTERING INTO A MEMORANDUM OF UNDERSTANDING
IN ACCORDANCE WITH THIS SECTION, A SCHOOL ENTITY SHALL NOTIFY
PARENTS OR LEGAL GUARDIANS OF ALL STUDENTS ENROLLED IN THE
SCHOOL ENTITY THAT THE SCHOOL ENTITY HAS ENTERED INTO A
MEMORANDUM OF UNDERSTANDING WITH A MENTAL HEALTH SERVICES ENTITY
UNDER THIS SECTION.
(2) THE NOTIFICATION SHALL INCLUDE THE FOLLOWING
INFORMATION:
(I) A LINK TO THE APPROVED APPLICATION AND A DESCRIPTION OF
THE PROGRAM.
(II) A STATEMENT THAT, IF A STUDENT IS IDENTIFIED BY THE
SCHOOL ENTITY AS NEEDING SUPPLEMENTAL MENTAL HEALTH SERVICES,
THE PARENT OR LEGAL GUARDIAN OF A STUDENT WILL BE NOTIFIED AND
HAS THE OPTION, AFTER CONSULTATION WITH THE SCHOOL ENTITY, TO
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EXEMPT THE STUDENT FROM RECEIVING SUPPLEMENTAL MENTAL HEALTH
SERVICES BY SIGNING AND SUBMITTING AN OPT-OUT FORM TO THE SCHOOL
ENTITY.
(3) THE OPT-OUT FORM SHALL BE DEVELOPED BY THE DEPARTMENT
AND PROVIDED TO ALL SCHOOL ENTITIES. THE OPT-OUT FORM SHALL BE
POSTED ON THE PUBLICLY ACCESSIBLE INTERNET WEBSITE OF EACH
SCHOOL ENTITY FOR USE BY PARENTS AND LEGAL GUARDIANS OF
STUDENTS.
(J) WITHIN ONE (1) YEAR AFTER RECEIVING A GRANT, A SCHOOL
ENTITY SHALL REPORT TO THE DEPARTMENT A DESCRIPTION OF HOW THE
GRANT AWARD HAS ENABLED THE SCHOOL ENTITY TO PROVIDE SCHOOL-
BASED SUPPLEMENTAL MENTAL HEALTH SERVICES TO STUDENTS OF THE
SCHOOL ENTITY. THE REPORT SHALL BE ON A FORM DEVELOPED BY THE
DEPARTMENT.
(K) BY APRIL 30 OF EACH YEAR, THE DEPARTMENT SHALL COMPILE
THE REPORTS RECEIVED UNDER SUBSECTION (J) FOR THE IMMEDIATELY
PRECEDING YEAR AND TRANSMIT THEM, ALONG WITH ANY SUGGESTIONS FOR
IMPROVEMENTS TO THE PROGRAM, TO THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS
COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE SENATE
AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(L) WITHIN NINETY (90) DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, THE DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF
HUMAN SERVICES, SHALL DEVELOP GUIDELINES TO IMPLEMENT THE
PROVISIONS OF THIS SECTION. UPON DEVELOPMENT OF THE GUIDELINES,
THE DEPARTMENT SHALL POST THE GUIDELINES ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
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(M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
(1) SUPERSEDE OR PREEMPT THE RIGHTS, REMEDIES AND PROCEDURES
AFFORDED TO SCHOOL EMPLOYES OR LABOR ORGANIZATIONS UNDER FEDERAL
OR STATE LAW, INCLUDING THE ACT OF JULY 23, 1970 (P.L.563,
NO.195), KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT," OR ANY
PROVISION OF A COLLECTIVE BARGAINING AGREEMENT NEGOTIATED
BETWEEN A SCHOOL EMPLOYER AND AN EXCLUSIVE REPRESENTATIVE OF THE
EMPLOYES IN ACCORDANCE WITH THE PUBLIC EMPLOYE RELATIONS ACT.
(2) SUPERSEDE THE PROVISIONS OF THE ACT OF FEBRUARY 13, 1970
(P.L.19, NO.10), ENTITLED " ENABLING CERTAIN MINORS TO CONSENT TO
MEDICAL, DENTAL AND HEALTH SERVICES, DECLARING CONSENT
UNNECESSARY UNDER CERTAIN CIRCUMSTANCES."
(N) THIS SECTION SHALL EXPIRE JUNE 30, 2027.
(O) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
"CHIEF SCHOOL ADMINISTRATOR" SHALL MEAN THE SUPERINTENDENT OF
A SCHOOL DISTRICT OR CHIEF EXECUTIVE OFFICER OF A CHARTER
SCHOOL, CYBER CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL.
"DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"GRANT" SHALL MEAN A GRANT AWARDED UNDER THIS SECTION.
"MENTAL HEALTH SERVICES" SHALL MEAN THE PROVISION OF
ASSISTANCE OR PREPARATION OF A PLAN OF ASSISTANCE TO STUDENTS
WHO ARE EXPERIENCING ANXIETY, STRESS, TRAUMA OR OTHER MENTAL OR
EMOTIONAL IMPAIRMENTS INTERFERING WITH THEIR EDUCATION AND
BEHAVIOR AT SCHOOL, WITH THE GOAL OF HELPING STUDENTS ENGAGE IN
THEIR SCHOOL COMMUNITY IN A PRODUCTIVE AND POSITIVE MANNER THAT
MAXIMIZES THEIR SOCIAL AND EMOTIONAL DEVELOPMENT AND LEARNING.
"MENTAL HEALTH SERVICES ENTITY" SHALL MEAN A COUNTY OR
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COMMUNITY ORGANIZATION OR AGENCY THAT IS LICENSED UNDER STATE
LAW TO PROVIDE MENTAL HEALTH SERVICES FOR STUDENTS. THE TERM
INCLUDES AN INTERMEDIATE UNIT.
"MENTAL HEALTH SPECIALIST" SHALL MEAN AN INDIVIDUAL WHO IS A
VOLUNTEER OR EMPLOYE OF A MENTAL HEALTH SERVICES ENTITY AND
HOLDS A VALID AND CURRENT PENNSYLVANIA LICENSE AS A
PSYCHOLOGIST, COUNSELOR, SOCIAL WORKER OR CLINICAL SOCIAL
WORKER .
"PROGRAM" SHALL MEAN THE SCHOOL-BASED MENTAL HEALTH SERVICES
PILOT GRANT PROGRAM ESTABLISHED UNDER THIS SECTION.
"SCHOOL ENTITY" SHALL MEAN A SCHOOL DISTRICT, CHARTER SCHOOL,
REGIONAL CHARTER SCHOOL OR CYBER CHARTER SCHOOL.
"SUPPLEMENTAL MENTAL HEALTH SERVICES" SHALL MEAN MENTAL
HEALTH SERVICES PROVIDED BY A MENTAL HEALTH SPECIALIST AND IN
ADDITION TO THE MENTAL HEALTH SERVICES BEING PROVIDED BY A
SCHOOL ENTITY'S EMPLOYES.
Section 2. This act shall take effect immediately.
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