PRINTER'S NO. 380
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
407
Session of
2021
INTRODUCED BY GALLOWAY, N. NELSON, LEE, HILL-EVANS, SAPPEY,
SANCHEZ, CONKLIN, SCHLOSSBERG, HOWARD, CIRESI, PASHINSKI,
SIMS, NEILSON, DEASY, O'MARA, SCHWEYER, FRANKEL AND
PISCIOTTANO, FEBRUARY 4, 2021
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 4, 2021
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, further
providing for definitions; in safe schools, establishing the
School Student Mental Health Assistance Augmentation Account
and providing for deposit of court costs and filing fees into
the account; and making an inconsistent repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, is amended by
adding definitions to read:
Section 102. Definitions.--When used in this act the
following words and phrases shall have the following meanings:
* * *
"School psychologist." An individual who holds a valid
certificate for school psychologist issued by the Department of
Education which qualifies the individual to be employed by and
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work within a school entity.
"School social worker." An individual who:
(1) holds an educational specialist certificate for school
social workers issued by the Department of Education;
(2) meets the exception for a school social worker as
provided under section 20(a.1) of the act of July 9, 1987
(P.L.220, No.39), known as the "Social Workers, Marriage and
Family Therapists and Professional Counselors Act", or
(3) holds either a social worker license issued by the
Department of State or another certificate issued by the
Department of Education prior to the Department of Education's
development of an educational specialist certificate for school
social workers.
* * *
Section 2. The act is amended by adding a section to read:
Section 1302.2-A. School Student Mental Health Assistance
Augmentation Account.--(a) The School Student Mental Health
Assistance Augmentation Account is established as a restricted
receipts account within the General Fund.
(b) Notwithstanding 42 Pa.C.S. § 3733(a.1)(2)(iii) (relating
to deposits into account), for the fiscal year 2021-2022 and
each fiscal year thereafter, $8 of each additional fee imposed
under 42 Pa.C.S. § 3733(a.1)(1) shall be deposited into the
account and $2 of each additional fee shall be deposited into
the Access to Justice Account.
(c) Money deposited into the account is appropriated on a
continuing basis to the Department of Education for distribution
under subsection (d).
(d) All money deposited into the account shall be used for
the purpose of providing grants to school entities to support
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school-linked mental health services. The Department of
Education shall, upon written application and subsequent
approval, grant money from the account to a school entity.
Allowable grant activities and related expenses include:
(1) Employing and retaining one of the following mental
health professionals:
(i) A school counselor.
(ii) A school psychologist.
(iii) A school social worker.
(2) Providing mental health services and transportation for
students receiving school-linked mental health services.
(e) The Department of Education shall establish grant
application review procedures and shall prioritize grant funding
for activities and related expenses under subsection (d)(1).
(f) Grant money allocated through the account shall be used
to supplement and not supplant existing school entity spending
on mental health professionals.
(g) The Department of Education shall promulgate rules and
regulations as necessary to administer this section.
(h) 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:
"Account." The School Student Mental Health Assistance
Augmentation Account established under subsection (a).
"School counselor." An individual who holds a valid
certificate for Elementary and Secondary School Counselor issued
by the Department of Education which qualifies the individual to
be employed by and working within a school entity.
"School entity." A school district, charter school, regional
charter school, cyber charter school, intermediate unit or area
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vocational-technical school operating within this Commonwealth.
Section 3. The provisions of 42 Pa.C.S. § 3733(a.1)(2)(iii)
are repealed insofar as they are inconsistent with the addition
of section 1302.2-A of the act.
Section 4. This act shall take effect July 1, 2021, or
immediately, whichever is later.
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