This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 13, 2019 at 4:16 PM by lpoole.
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6 Cosponsors:
7 Karen Kwan
Mike Winder
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9 LONG TITLE
10 General Description:
11 This bill amends provisions related to student support and health services.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ changes the name of the School Safety and Crisis Line to the SafeUT Crisis Line;
16 ▸ amends provisions related to the SafeUT Crisis Line and the SafeUT and School
17 Safety Commission, including provisions related to the University Neuropsychiatric
18 Institute charging a fee for the use of the SafeUT Crisis Line;
19 ▸ repeals a grant program related to the SafeUT Crisis Line;
20 ▸ amends provisions related to mobile crisis outreach teams;
21 ▸ authorizes the State Board of Education (board) to distribute money to local
22 education agencies (LEAs) for personnel who provide school-based mental health
23 support;
24 ▸ requires the board to establish a formula for distribution of money to LEAs;
25 ▸ enacts requirements on LEAs to receive money;
26 ▸ requires the board to make rules related to money for the personnel;
27 ▸ requires the Division of Substance Abuse and Mental Health to coordinate and
28 make recommendations with the board and the Department of Health related to
29 Medicaid reimbursement for school-based health services;
30 ▸ enacts other provisions related to student mental health support; and
31 ▸ makes technical and conforming changes.
32 Money Appropriated in this Bill:
33 This bill appropriates in fiscal year 2020:
34 ▸ to the State Board of Education - Minimum School Program - Related to Basic
35 School Programs - Student Health and Counseling Support Program, as an ongoing
36 appropriation:
37 • from the Education Fund, Ŝ→ [
38 ▸ to the State Board of Education - Minimum School Program - Related to Basic
39 School Programs - Student Health and Counseling Support Program, as a one-time
40 appropriation:
41 • from the Education Fund, One-time, Ŝ→ [
42 ▸ to the Department of Human Services - Division of Substance Abuse and Mental
43 Health - Community Mental Health Services, as an ongoing appropriation:
44 • from the General Fund, ($500,000); and
45 ▸ to the University of Utah - SafeUT Crisis Text and Tip Line - SafeUT Operations,
46 as an ongoing appropriation:
47 • from the Education Fund, $1,770,000.
48 Other Special Clauses:
49 This bill provides coordination clauses.
50 Utah Code Sections Affected:
51 AMENDS:
52 53F-2-519, as last amended by Laws of Utah 2018, Chapter 396 and renumbered and
53 amended by Laws of Utah 2018, Chapter 107
54 53G-8-202, as renumbered and amended by Laws of Utah 2018, Chapter 3
55 53G-8-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
56 53G-9-703, as renumbered and amended by Laws of Utah 2018, Chapter 3
57 62A-15-116, as enacted by Laws of Utah 2018, Chapter 414
58 ENACTS:
59 53F-2-415, Utah Code Annotated 1953
60 62A-15-117, Utah Code Annotated 1953
61 RENUMBERS AND AMENDS:
62 53B-17-1201, (Renumbered from 53E-10-501, as renumbered and amended by Laws of
63 Utah 2018, Chapter 1)
64 53B-17-1202, (Renumbered from 53E-10-502, as renumbered and amended by Laws of
65 Utah 2018, Chapter 1)
66 53B-17-1203, (Renumbered from 53E-10-503, as renumbered and amended by Laws of
67 Utah 2018, Chapter 1)
68 53B-17-1204, (Renumbered from 53E-10-504, as renumbered and amended by Laws of
69 Utah 2018, Chapter 1)
70 REPEALS:
71 53E-10-505, as renumbered and amended by Laws of Utah 2018, Chapter 1
72 53E-10-506, as enacted by Laws of Utah 2018, Chapter 414
73 Utah Code Sections Affected by Coordination Clause:
74 53B-17-1203, Utah Code Annotated 1953
75 53B-17-1204, Utah Code Annotated 1953
76 53E-1-201, as enacted by Laws of Utah 2018, Chapter 1
77
78 Be it enacted by the Legislature of the state of Utah:
79 Section 1. Section 53B-17-1201, which is renumbered from Section 53E-10-501 is
80 renumbered and amended to read:
81 [
82 As used in this part:
83 (1) "Commission" means the SafeUT and School Safety [
84 established in Section [
85 (2) "University Neuropsychiatric Institute" means the mental health and substance
86 abuse treatment institute within the University of Utah Hospitals and Clinics.
87 Section 2. Section 53B-17-1202, which is renumbered from Section 53E-10-502 is
88 renumbered and amended to read:
89 [
90 The University Neuropsychiatric Institute shall:
91 (1) establish a [
92 (a) a means for an individual to anonymously report:
93 (i) unsafe, violent, or criminal activities, or the threat of such activities at or near a
94 public school;
95 (ii) incidents of bullying, cyber-bullying, harassment, or hazing; and
96 (iii) incidents of physical or sexual abuse committed by a school employee or school
97 volunteer; and
98 (b) crisis intervention, including suicide prevention, to individuals experiencing
99 emotional distress or psychiatric crisis;
100 (2) provide the services described in Subsection (1) 24 hours a day, seven days a week;
101 and
102 (3) when necessary, or as required by law, promptly forward a report received under
103 Subsection (1)(a) to appropriate:
104 (a) school officials; and
105 (b) law enforcement officials.
106 Section 3. Section 53B-17-1203, which is renumbered from Section 53E-10-503 is
107 renumbered and amended to read:
108 [
109 established -- Members.
110 (1) There is created the SafeUT and School Safety [
111 composed of the following members:
112 (a) one member who represents the Office of the Attorney General, appointed by the
113 attorney general;
114 (b) one member who represents the Utah public education system, appointed by the
115 State Board of Education;
116 (c) one member who represents the Utah System of Higher Education, appointed by the
117 State Board of Regents;
118 (d) one member who represents the Utah Department of Health, appointed by the
119 executive director of the Department of Health;
120 (e) one member of the House of Representatives, appointed by the speaker of the
121 House of Representatives;
122 (f) one member of the Senate, appointed by the president of the Senate;
123 (g) one member who represents the University Neuropsychiatric Institute, appointed by
124 the chair of the commission;
125 (h) one member who represents law enforcement who has extensive experience in
126 emergency response, appointed by the chair of the commission;
127 (i) one member who represents the Utah Department of Human Services who has
128 experience in youth services or treatment services, appointed by the executive director of the
129 Department of Human Services; and
130 (j) two members of the public, appointed by the chair of the commission.
131 (2) (a) Except as provided in Subsection (2)(b), members of the commission shall be
132 appointed to four-year terms.
133 (b) The length of the terms of the members shall be staggered so that approximately
134 half of the committee is appointed every two years.
135 (c) When a vacancy occurs in the membership of the commission, the replacement
136 shall be appointed for the unexpired term.
137 (3) (a) The attorney general's designee shall serve as chair of the commission.
138 (b) The chair shall set the agenda for commission meetings.
139 (4) Attendance of a simple majority of the members constitutes a quorum for the
140 transaction of official commission business.
141 (5) Formal action by the commission requires a majority vote of a quorum.
142 (6) (a) Except as provided in Subsection (6)(b), a member may not receive
143 compensation, benefits, per diem, or travel expenses for the member's service.
144 (b) Compensation and expenses of a member who is a legislator are governed by
145 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
146 (7) The Office of the Attorney General shall provide staff support to the commission.
147 Section 4. Section 53B-17-1204, which is renumbered from Section 53E-10-504 is
148 renumbered and amended to read:
149 [
150 -- LEA governing board duties -- Fees.
151 (1) As used in this section:
152 (a) "LEA governing board" means:
153 (i) for a school district, the local school board;
154 (ii) for a charter school, the charter school governing board; or
155 (iii) for the Utah Schools for the Deaf and the Blind, the State Board of Education.
156 (b) "Local education agency" or "LEA" means:
157 (i) a school district;
158 (ii) a charter school; or
159 (iii) the Utah Schools for the Deaf and the Blind.
160 (2) The commission shall coordinate:
161 [
162 [
163 awareness of the services available through the [
164 (3) An LEA governing board shall inform students, parents, and school personnel
165 about the SafeUT Crisis Line.
166 (4) (a) Except as provided in Subsection (4)(b), the University Neuropsychiatric
167 Institute may charge a fee to an institution of higher education or other entity for the use of the
168 SafeUT Crisis Line in accordance with the method described in Subsection (4)(c).
169 (b) The University Neuropsychiatric Institute may not charge a fee to the State Board
170 of Education or a local education agency for the use of the SafeUT Crisis Line.
171 (c) The commission shall establish a standard method for charging a fee described in
172 Subsection (4)(a).
173 Section 5. Section 53F-2-415 is enacted to read:
174 53F-2-415. Student health and counseling support -- Qualifying personnel --
175 Distribution formula -- Rulemaking.
176 (1) As used in this section, "qualifying personnel" means a school counselor or other
177 counselor, school psychologist or other psychologist, school social worker or other social
178 worker, or school nurse who:
179 (a) is licensed; and
180 (b) collaborates with educators and a student's parent on:
181 (i) early identification and intervention of the student's academic and mental health
182 needs; and
183 (ii) removing barriers to learning and developing skills and behaviors critical for the
184 student's academic achievement.
185 (2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
186 the state board shall distribute money appropriated under this section to LEAs to provide in a
187 school targeted school-based mental health support, including clinical services and
188 trauma-informed care, through employing or entering into contracts for services provided by
189 qualifying personnel.
190 (b) (i) The state board shall, after consulting with LEA governing boards, develop a
191 formula to distribute money appropriated under this section to LEAs.
192 (ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
193 incentivizes an LEA to provide school-based mental health support in collaboration with the
194 local mental health authority of the county in which the LEA is located.
195 (3) To qualify for money under this section, an LEA shall submit to the state board a
196 plan that includes:
197 (a) measurable goals approved by the LEA governing board on improving student
198 safety, student engagement, school culture, or academic achievement;
199 (b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
200 use of the money;
201 (c) how the LEA is meeting the requirements related to parent education described in
202 Section 53G-9-703; and
203 (d) whether the LEA intends to provide school-based mental health support in
204 collaboration with the local mental health authority of the county in which the LEA is located.
205 (4) The state board shall distribute money appropriated under this section to an LEA
206 that qualifies under Subsection (3):
207 (a) based on the formula described in Subsection (2)(b); and
208 (b) in an amount of money that the LEA equally matches using local or unrestricted
209 state money.
210 (5) An LEA may not use money distributed by the state board under this section to
211 supplant federal, state, or local money previously allocated to employ or enter into contracts for
212 services provided by qualified personnel.
213 (6) The state board shall make rules that establish:
214 (a) procedures for submitting a plan for and distributing money under this section;
215 (b) the formula the state board will use to distribute money to LEAs described in
216 Subsection (2)(b); and
217 (c) in accordance with Subsection (7), annual reporting requirements for an LEA that
218 receives money under this section.
219 (7) An LEA that receives money under this section shall submit an annual report to the
220 state board, including:
221 (a) progress toward achieving the goals submitted under Subsection (3)(a);
222 (b) if the LEA discontinues a qualifying personnel position, the LEA's reason for
223 discontinuing the position; and
224 (c) how the LEA, in providing school-based mental health support, complies with the
225 provisions of Section 53E-9-203.
226 (8) Beginning on or before July 1, 2019, the state board shall provide training that
227 instructs school personnel on the impact of childhood trauma on student learning, including
228 information advising educators against practicing medicine, giving a diagnosis, or providing
229 treatment.
230 (9) The state board may use up to 2% of an appropriation under this section for costs
231 related to the administration of the provisions of this section.
232 (10) Notwithstanding the provisions of this section, money appropriated under this
233 section may be used, as determined by the state board, for:
234 (a) the SafeUT Crisis Line described in Section 53B-17-1202; or
235 (b) youth suicide prevention programs described in Section 53G-9-702.
236 Section 6. Section 53F-2-519 is amended to read:
237 53F-2-519. Appropriation for school nurses.
238 (1) The State Board of Education shall distribute money appropriated for school nurses
239 to award grants to school districts and charter schools that:
240 (a) provide an equal amount of matching funds; and
241 (b) do not supplant other money used for school nurses.
242 (2) (a) A school district or charter school that is awarded a grant under this section
243 shall require each school nurse employed by the school district or charter school to complete
244 two hours of continuing nurse education on the emotional and mental health of students.
245 (b) The continuing nurse education described in Subsection (2)(a) shall include training
246 on:
247 (i) the awareness of, screening for, and triaging to appropriate treatment for mental
248 health problems;
249 (ii) trauma-informed care;
250 (iii) signs of mental illness;
251 (iv) alcohol and substance abuse;
252 (v) response to acute mental health crises; and
253 (vi) suicide prevention, including information about the 24-hour availability of the
254 [
255 Section 7. Section 53G-8-202 is amended to read:
256 53G-8-202. Public school discipline policies -- Basis of the policies --
257 Enforcement.
258 (1) The Legislature recognizes that every student in the public schools should have the
259 opportunity to learn in an environment which is safe, conducive to the learning process, and
260 free from unnecessary disruption.
261 (2) (a) To foster such an environment, each local school board or governing board of a
262 charter school, with input from school employees, parents and guardians of students, students,
263 and the community at large, shall adopt conduct and discipline policies for the public schools
264 in accordance with Section 53G-8-211.
265 (b) A district or charter school shall base its policies on the principle that every student
266 is expected:
267 (i) to follow accepted rules of conduct; and
268 (ii) to show respect for other people and to obey persons in authority at the school.
269 (c) (i) On or before September 1, 2015, the State Board of Education shall revise the
270 conduct and discipline policy models for elementary and secondary public schools to include
271 procedures for responding to reports received through the [
272 Line under Subsection [
273 (ii) Each district or charter school shall use the models, where appropriate, in
274 developing its conduct and discipline policies under this chapter.
275 (d) The policies shall emphasize that certain behavior, most particularly behavior
276 which disrupts, is unacceptable and may result in disciplinary action.
277 (3) The local superintendent and designated employees of the district or charter school
278 shall enforce the policies so that students demonstrating unacceptable behavior and their
279 parents or guardians understand that such behavior will not be tolerated and will be dealt with
280 in accordance with the district's conduct and discipline policies.
281 Section 8. Section 53G-8-203 is amended to read:
282 53G-8-203. Conduct and discipline policies and procedures.
283 (1) The conduct and discipline policies required under Section 53G-8-202 shall
284 include:
285 (a) provisions governing student conduct, safety, and welfare;
286 (b) standards and procedures for dealing with students who cause disruption in the
287 classroom, on school grounds, on school vehicles, or in connection with school-related
288 activities or events;
289 (c) procedures for the development of remedial discipline plans for students who cause
290 a disruption at any of the places referred to in Subsection (1)(b);
291 (d) procedures for the use of reasonable and necessary physical restraint in dealing with
292 students posing a danger to themselves or others, consistent with Section 53G-8-302;
293 (e) standards and procedures for dealing with student conduct in locations other than
294 those referred to in Subsection (1)(b), if the conduct threatens harm or does harm to:
295 (i) the school;
296 (ii) school property;
297 (iii) a person associated with the school; or
298 (iv) property associated with a person described in Subsection (1)(e)(iii);
299 (f) procedures for the imposition of disciplinary sanctions, including suspension and
300 expulsion;
301 (g) specific provisions, consistent with Section 53E-3-509, for preventing and
302 responding to gang-related activities in the school, on school grounds, on school vehicles, or in
303 connection with school-related activities or events;
304 (h) standards and procedures for dealing with habitual disruptive or unsafe student
305 behavior in accordance with the provisions of this part; and
306 (i) procedures for responding to reports received through the [
307 SafeUT Crisis Line under Subsection [
308 (2) (a) Each local school board shall establish a policy on detaining students after
309 regular school hours as a part of the district-wide discipline plan required under Section
310 53G-8-202.
311 (b) (i) The policy described in Subsection (2)(a) shall apply to elementary school
312 students, grades kindergarten through six.
313 (ii) The board shall receive input from teachers, school administrators, and parents and
314 guardians of the affected students before adopting the policy.
315 (c) The policy described in Subsection (2)(a) shall provide for:
316 (i) notice to the parent or guardian of a student prior to holding the student after school
317 on a particular day; and
318 (ii) exceptions to the notice provision if detention is necessary for the student's health
319 or safety.
320 Section 9. Section 53G-9-703 is amended to read:
321 53G-9-703. Parent education -- Mental health -- Bullying -- Safety.
322 (1) (a) Except as provided in Subsection (4), a school district shall offer a seminar for
323 parents of students in the school district that:
324 (i) is offered at no cost to parents;
325 (ii) begins at or after 6 p.m.;
326 (iii) is held in at least one school located in the school district; and
327 (iv) covers the topics described in Subsection (2).
328 (b) (i) A school district shall annually offer one parent seminar for each 11,000
329 students enrolled in the school district.
330 (ii) Notwithstanding Subsection (1)(b)(i), a school district may not be required to offer
331 more than three seminars.
332 (c) A school district may:
333 (i) develop its own curriculum for the seminar described in Subsection (1)(a); or
334 (ii) use the curriculum developed by the State Board of Education under Subsection
335 (2).
336 (d) A school district shall notify each charter school located in the attendance
337 boundaries of the school district of the date and time of a parent seminar, so the charter school
338 may inform parents of the seminar.
339 (2) The State Board of Education shall:
340 (a) develop a curriculum for the parent seminar described in Subsection (1) that
341 includes information on:
342 (i) substance abuse, including illegal drugs and prescription drugs and prevention;
343 (ii) bullying;
344 (iii) mental health, depression, suicide awareness, and suicide prevention, including
345 education on limiting access to fatal means;
346 (iv) Internet safety, including pornography addiction; and
347 (v) the [
348 53B-17-1202; and
349 (b) provide the curriculum, including resources and training, to school districts upon
350 request.
351 (3) The State Board of Education shall report to the Legislature's Education Interim
352 Committee, by the October 2015 meeting, on:
353 (a) the progress of implementation of the parent seminar;
354 (b) the number of parent seminars conducted in each school district;
355 (c) the estimated attendance reported by each school district;
356 (d) a recommendation of whether to continue the parent seminar program; and
357 (e) if a local school board has opted out of providing the parent seminar, as described
358 in Subsection (4), the reasons why a local school board opted out.
359 (4) (a) A school district is not required to offer the parent seminar if the local school
360 board determines that the topics described in Subsection (2) are not of significant interest or
361 value to families in the school district.
362 (b) If a local school board chooses not to offer the parent seminar, the local school
363 board shall notify the State Board of Education and provide the reasons why the local school
364 board chose not to offer the parent seminar.
365 Section 10. Section 62A-15-116 is amended to read:
366 62A-15-116. Mobile crisis outreach team expansion.
367 (1) In consultation with the [
368 established in Section [
369 development of five mobile crisis outreach teams:
370 (a) (i) in counties of the second, third, fourth, fifth, or sixth class; or
371 (ii) in counties of the first class, if no more than two mobile crisis outreach teams are
372 operating or have been awarded a grant to operate in the county; and
373 (b) to provide mental health crisis services 24 hours per day, 7 days per week, and
374 every day of the year.
375 (2) The division shall prioritize the award of a grant described in Subsection (1) to
376 entities, based on:
377 (a) the number of individuals the proposed mobile crisis outreach team will serve; and
378 (b) the percentage of matching funds the entity will provide to develop the proposed
379 mobile crisis outreach team.
380 (3) An entity does not need to have resources already in place to be awarded a grant
381 described in Subsection (1).
382 (4) In consultation with the [
383 established in Section [
384 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the application and award
385 of the grants described in Subsection (1).
386 Section 11. Section 62A-15-117 is enacted to read:
387 62A-15-117. Medicaid reimbursement for school-based health services -- Report
388 to Legislature.
389 (1) As used in this section, "individualized education program" or "IEP" means a
390 written statement for a student with a disability that is developed, reviewed, and revised in
391 accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
392 (2) The division shall coordinate with the State Board of Education, the Department of
393 Health, and stakeholders to address and develop recommendations related to:
394 (a) the expansion of Medicaid reimbursement for school-based health services,
395 including how to expand Medicaid-eligible school-based services beyond the services for
396 students with IEPs; and
397 (b) other areas concerning Medicaid reimbursement for school-based health services,
398 including the time threshold for medically necessary IEP services.
399 (3) The division, the State Board of Education, and the Department of Health shall
400 jointly report the recommendations described in Subsection (2) to the Education Interim
401 Committee on or before August 15, 2019.
402 Section 12. Repealer.
403 This bill repeals:
404 Section 53E-10-505, State Board of Education and local boards of education to
405 update policies and promote awareness.
406 Section 53E-10-506, Higher education implementation of School Safety and Crisis
407 Line.
408 Section 13. Appropriation.
409 The following sums of money are appropriated for the fiscal year beginning July 1,
410 2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
411 fiscal year 2020. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
412 Act, the Legislature appropriates the following sums of money from the funds or accounts
413 indicated for the use and support of the government of the state of Utah.
414 ITEM 1
415 To State Board of Education - Minimum School Program - Related to Basic School
416 Programs
417 From Education Fund Ŝ→ [
$6,000,000] $26,000,000 ←Ŝ
418 From Education Fund, One-time Ŝ→ [
$10,000,000] ($10,000,000) ←Ŝ
419 Schedule of Programs:
420 Student Health and Counseling
421 Support Program $16,000,000
422 The Legislature intends that the State Board of Education use the appropriation
423 provided under this item for the purposes described in Section 53F-2-415.
424 ITEM 2
425 To Department of Human Services - Division of Substance Abuse and Mental Health
426 From General Fund
($500,000)
427 Schedule of Programs:
428 Community Mental Health Services ($500,000)
429 ITEM 3
430 To University of Utah - SafeUT Crisis Text and Tip Line
431 From Education Fund
$1,770,000
432 Schedule of Programs:
433 SafeUT Operations $1,770,000
434 Section 14. Coordinating H.B. 373 with S.B. 14 -- Substantive language.
435 If this H.B. 373 and S.B. 14, Education Reporting Requirements, both pass and become
436 law, it is the intent of the Legislature that the Office of Legislative Research and General
437 Counsel prepare the Utah Code database for publication by:
438 (1) inserting the following language as a new Subsection 53E-1-201(2)(j):
439 "(j) the report described in Section 62A-15-117 by the Division of Substance Abuse
440 and Mental Health, the State Board of Education, and the Department of Health regarding
441 recommendations related to Medicaid reimbursement for school-based health services;"; and
442 (2) renumbering remaining subsections accordingly.
443 Section 15. Coordinating H.B. 373 with H.B. 27 -- Superseding technical and
444 substantive amendments.
445 If this H.B. 373 and H.B. 27, Public Education Definitions Amendments, both pass and
446 become law, it is the intent of the Legislature that when the Office of Legislative Research and
447 General Counsel prepares the Utah Code database for publication:
448 (1) Section 53B-17-1203 in this bill supersedes Section 53E-10-503 in H.B. 27; and
449 (2) Section 53B-17-1204 in this bill supersedes Section 53E-10-504 in H.B. 27.