PRINTER'S NO. 1920
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1525
Session of
2019
INTRODUCED BY TOOHIL, MURT, McNEILL, SCHLOSSBERG, A. DAVIS,
OTTEN, DeLUCA, McCLINTON, MIZGORSKI, SAPPEY, HILL-EVANS,
CALTAGIRONE, HARRIS, SCHLEGEL CULVER, WILLIAMS AND BROWN,
MAY 29, 2019
REFERRED TO COMMITTEE ON EDUCATION, MAY 29, 2019
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 professional employees, further
providing for definitions and providing for school clinical
mental health care providers; and establishing the school
mental and behavioral health care augmentation fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1101(1) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 1101. Definitions.--As used in this article,
(1) The term "professional employe" shall include those who
are certificated as teachers, supervisors, supervising
principals, principals, assistant principals, vice-principals,
directors of vocational education, dental hygienists, visiting
teachers, home and school visitors, school clinical mental
health care providers, school counselors, child nutrition
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program specialists, school librarians, school secretaries the
selection of whom is on the basis of merit as determined by
eligibility lists and school nurses.
* * *
Section 2. The act is amended by adding a section to read:
Section 1106.1. School Clinical Mental Health Care
Providers.--(a) The board of school directors in every school
district shall employ at least one school clinical mental health
care provider. Any individual employed by a school district to
provide clinical mental health care services within a school
district must:
(1) maintain a valid license issued by the Pennsylvania
Department of State's Bureau of Professional and Occupational
Affairs to practice clinical mental health care in accordance
with the laws of this Commonwealth; or
(2) maintain a valid certificate or accreditation from a
national or State or recognized accreditation organization to
practice mental health care or behavioral health care in this
Commonwealth and hold a valid educational specialist
certificate.
(b) An individual who holds a valid State-issued license as
a clinical mental health care provider or holds a valid
educational specialist certificate for a mental or behavioral
health provider and is employed by a school district may use the
title the individual is licensed or authorized to use under the
laws of this Commonwealth.
(c) The requirements of subsection (a)(1) and (2) shall not
apply when the individual is employed in a mental health
capacity in a public school in this Commonwealth prior to the
development of a school clinical mental health care category
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within the educational specialist certificate developed and
issued by the department.
(d) A certified school clinical mental health care provider
employed in a school district may work under the supervision of
the superintendent, assistant superintendent or other school
administrator or employee as determined by the school district.
(e) The department shall develop a school clinical mental
health care category within the educational specialist
certificate no later than 120 days after the effective date of
this section.
(f) When the school district determines that the
availability of certified or accredited mental or behavioral
health providers is inadequate to serve the educational, social,
emotional and general mental health needs of the school district
or that the loss of licensed clinical mental health care
providers due to early retirement would cause the interruption
of suitable and essential mental health care programs and
services, the school district may hire otherwise qualified
individuals without current educational specialist certificates,
provided that individuals employed shall enroll in an education
specialist program and meet the certification requirement of the
Commonwealth within a period not to exceed three (3) years.
(g) The School Mental and Behavioral Health Care Grant
Program is established to provide funding to enhance the
delivery of mental and behavioral health care in school
districts. The School Safety and Security Committee established
under section 1302-B shall perform all functions related to the
direct approval, disbursement and administration of grants under
the program.
(h) Each school district may submit one application under
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subsection (g) annually and no school district may receive an
annual grant allocation that exceeds 10% of the funds available
under the program. No school district may receive a grant under
subsection (g) and section 1306-B for the same purposes.
(i) The School Mental and Behavioral Health Care
Augmentation Fund is established as a special nonlapsing fund in
the State Treasury. All money deposited in the fund and the
interest the money accrues are appropriated on a continuing
basis to award grants under this article. No administrative
action shall prevent the deposit of money into the fund in the
fiscal year in which the money is received.
(j) The fund may only be used for the grant program
authorized under subsection (g) and no money in the fund may be
transferred or diverted to any other purpose by administrative
action. Money available to the fund shall include appropriations
and transfers from Federal funds, including up to thirty million
dollars ($30,000,000) from Federal funds received by the
Commonwealth for mental and behavioral health education and
training, the General Fund, special funds and other sources of
revenue made available to the fund.
(k) 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:
"Department." The Department of Education of the
Commonwealth.
"Fund." The School Mental and Behavioral Health Care
Augmentation Fund established under subsection (i).
"Program." The School Mental and Behavioral Health Care
Grant Program established under subsection (g).
"School clinical mental health care provider." An individual
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licensed to practice the identification of psychosocial and
behavioral problems in the context of significant interpersonal
relationships between students, individuals, families and groups
for the purpose of assessing, diagnosing and treating mental and
behavioral health issues within the scope of the individual's
licensed practice. The term shall not include master level or
bachelor level licensed social workers who are prohibited by law
from assessing, diagnosing and developing treatment plans for
clinical mental health care clients.
Section 3. This act shall take effect in 60 days.
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