1     
SCHOOL EMPLOYEE LICENSING AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kathleen A. Riebe

5     
House Sponsor: Carol S. Moss

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the use of money appropriated for targeted school-based mental
10     health support.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a local education agency to pay licensure costs for certain mental health
14     personnel with money appropriated for targeted school-based mental health support.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53F-2-415, as last amended by Laws of Utah 2022, Chapter 409
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 53F-2-415 is amended to read:
25          53F-2-415. Student health and counseling support -- Qualifying personnel --
26     Distribution formula -- Rulemaking.
27          (1) As used in this section:

28          (a) "Qualifying personnel" means a school counselor or other counselor, school
29     psychologist or other psychologist, school social worker or other social worker, or school nurse
30     who:
31          (i) is licensed; and
32          (ii) collaborates with educators and a student's parent on:
33          (A) early identification and intervention of the student's academic and mental health
34     needs; and
35          (B) removing barriers to learning and developing skills and behaviors critical for the
36     student's academic achievement.
37          (b) "Telehealth services" means the same as that term is defined in Section 26-60-102.
38          (2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
39     the state board shall distribute money appropriated under this section to LEAs to provide in a
40     school targeted school-based mental health support, including clinical services and
41     trauma-informed care, through:
42          (i) employing qualifying personnel; or
43          (ii) entering into contracts for services provided by qualifying personnel, including
44     telehealth services.
45          (b) (i) The state board shall, after consulting with LEA governing boards, develop a
46     formula to distribute money appropriated under this section to LEAs.
47          (ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
48     incentivizes an LEA to provide school-based mental health support in collaboration with the
49     local mental health authority of the county in which the LEA is located.
50          (3) To qualify for money under this section, an LEA shall submit to the state board a
51     plan that includes:
52          (a) measurable goals approved by the LEA governing board on improving student
53     safety, student engagement, school culture, or academic achievement;
54          (b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
55     use of the money;
56          (c) how the LEA is meeting the requirements related to parent education described in
57     Section 53G-9-703; and
58          (d) whether the LEA intends to provide school-based mental health support in

59     collaboration with the local mental health authority of the county in which the LEA is located.
60          (4) The state board shall distribute money appropriated under this section to an LEA
61     that qualifies under Subsection (3):
62          (a) based on the formula described in Subsection (2)(b); and
63          (b) if the state board approves the LEA's plan before April 1, 2020, in an amount of
64     money that the LEA equally matches using local money, unrestricted state money, or money
65     distributed to the LEA under Section 53G-7-1303.
66          (5) An LEA that receives money under this section may use a portion of the money to
67     pay the costs of professional licensure for qualifying personnel, including license renewal and
68     any required continuing education.
69          [(5)] (6) An LEA may not use money distributed by the state board under this section
70     to supplant federal, state, or local money previously allocated to:
71          (a) employ qualifying personnel; or
72          (b) enter into contracts for services provided by qualified personnel, including
73     telehealth services.
74          [(6)] (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
75     Act, the state board shall make rules that establish:
76          (a) procedures for submitting a plan for and distributing money under this section;
77          (b) the formula the state board will use to distribute money to LEAs described in
78     Subsection (2)(b); and
79          (c) in accordance with Subsection [(7)] (8), annual reporting requirements for an LEA
80     that receives money under this section.
81          [(7)] (8) An LEA that receives money under this section shall submit an annual report
82     to the state board, including:
83          (a) progress toward achieving the goals submitted under Subsection (3)(a);
84          (b) if the LEA discontinues a qualifying personnel position, the LEA's reason for
85     discontinuing the position; and
86          (c) how the LEA, in providing school-based mental health support, complies with the
87     provisions of Section 53E-9-203.
88          [(8)] (9) [Beginning on or before July 1, 2019, the] The state board shall provide
89     training that instructs school personnel on the impact of childhood trauma on student learning,

90     including information advising educators against practicing medicine, giving a diagnosis, or
91     providing treatment.
92          [(9)] (10) The state board may use up to:
93          (a) 2% of an appropriation under this section for costs related to the administration of
94     the provisions of this section; and
95          (b) $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described
96     in this section to provide scholarships for up to four years to certain LEA employees, as defined
97     by the state board, for education and training to become a school social worker, a school
98     psychologist, or other school-based mental health worker.
99          [(10)] (11) Notwithstanding the provisions of this section, money appropriated under
100     this section may be used, as determined by the state board, for:
101          (a) the SafeUT Crisis Line described in Section 53B-17-1202; or
102          (b) youth suicide prevention programs described in Section 53G-9-702.