Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 373 Third Substitute (2019GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/28/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• changes the name of the School Safety and Crisis Line to the SafeUT Crisis Line;
• amends provisions related to the SafeUT Crisis Line and the SafeUT and School Safety Commission, including provisions related to the University Neuropsychiatric Institute charging a fee for the use of the SafeUT Crisis Line;
• repeals a grant program related to the SafeUT Crisis Line;
• amends provisions related to mobile crisis outreach teams;
• authorizes the State Board of Education (board) to distribute money to local education agencies (LEAs) for personnel who provide school-based mental health support;
• requires the board to establish a formula for distribution of money to LEAs;
• enacts requirements on LEAs to receive money;
• requires the board to make rules related to money for the personnel;
• requires the Division of Substance Abuse and Mental Health to coordinate and make recommendations with the board and the Department of Health related to Medicaid reimbursement for school-based health services;
• enacts other provisions related to student mental health support; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STUDENT SUPPORT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Ann Millner
Cosponsors:
Karen Kwan
Mike Winder
LONG TITLE
General Description:
This bill amends provisions related to student support and health services.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ changes the name of the School Safety and Crisis Line to the SafeUT Crisis Line;
▸ amends provisions related to the SafeUT Crisis Line and the SafeUT and School
Safety Commission, including provisions related to the University Neuropsychiatric
Institute charging a fee for the use of the SafeUT Crisis Line;
▸ repeals a grant program related to the SafeUT Crisis Line;
▸ amends provisions related to mobile crisis outreach teams;
▸ authorizes the State Board of Education (board) to distribute money to local
education agencies (LEAs) for personnel who provide school-based mental health
support;
▸ requires the board to establish a formula for distribution of money to LEAs;
▸ enacts requirements on LEAs to receive money;
▸ requires the board to make rules related to money for the personnel;
▸ requires the Division of Substance Abuse and Mental Health to coordinate and
make recommendations with the board and the Department of Health related to Medicaid
reimbursement for school-based health services;
▸ enacts other provisions related to student mental health support; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2020:
▸ to the State Board of Education - Minimum School Program - Related to Basic
School Programs - Student Health and Counseling Support Program, as an ongoing
appropriation:
• from the Education Fund, $26,000,000;
▸ to the State Board of Education - Minimum School Program - Related to Basic
School Programs - Student Health and Counseling Support Program, as a one-time
appropriation:
• from the Education Fund, One-time, ($10,000,000);
▸ to the Department of Human Services - Division of Substance Abuse and Mental
Health - Community Mental Health Services, as an ongoing appropriation:
• from the General Fund, ($500,000); and
▸ to the University of Utah - SafeUT Crisis Text and Tip Line - SafeUT Operations,
as an ongoing appropriation:
• from the Education Fund, $1,770,000.
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
53F-2-519
, as last amended by Laws of Utah 2018, Chapter 396 and renumbered and
amended by Laws of Utah 2018, Chapter 107
53G-8-202
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-8-203
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-9-703
, as renumbered and amended by Laws of Utah 2018, Chapter 3
62A-15-116
, as enacted by Laws of Utah 2018, Chapter 414
ENACTS:
53F-2-415
, Utah Code Annotated 1953
62A-15-117
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
53B-17-1201
, (Renumbered from 53E-10-501, as renumbered and amended by Laws of
Utah 2018, Chapter 1)
53B-17-1202
, (Renumbered from 53E-10-502, as renumbered and amended by Laws of
Utah 2018, Chapter 1)
53B-17-1203
, (Renumbered from 53E-10-503, as renumbered and amended by Laws of
Utah 2018, Chapter 1)
53B-17-1204
, (Renumbered from 53E-10-504, as renumbered and amended by Laws of
Utah 2018, Chapter 1)
REPEALS:
53E-10-505
, as renumbered and amended by Laws of Utah 2018, Chapter 1
53E-10-506
, as enacted by Laws of Utah 2018, Chapter 414
Utah Code Sections Affected by Coordination Clause:
53B-17-1203
, Utah Code Annotated 1953
53B-17-1204
, Utah Code Annotated 1953
53E-1-201
, as enacted by Laws of Utah 2018, Chapter 1
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-17-1201
, which is renumbered from Section 53E-10-501 is
renumbered and amended to read:
Part 12. SafeUT Crisis Line
[
53E-10-501
].
 53B-17-1201.
Definitions.
As used in this part:
(1) "Commission" means the 
SafeUT and
 School Safety [
and Crisis Line
] Commission
established in Section [
53E-10-503
] 
53B-17-1203
.
(2) "University Neuropsychiatric Institute" means the mental health and substance
abuse treatment institute within the University of Utah Hospitals and Clinics.
Section 2. Section 
53B-17-1202
, which is renumbered from Section 53E-10-502 is
renumbered and amended to read:
[
53E-10-502
].
 53B-17-1202.
 SafeUT Crisis Line established.
The University Neuropsychiatric Institute shall:
(1) establish a [
School Safety and
] 
SafeUT
 Crisis Line to provide:
(a) a means for an individual to anonymously report:
(i) unsafe, violent, or criminal activities, or the threat of such activities at or near a
public school;
(ii) incidents of bullying, cyber-bullying, harassment, or hazing; and
(iii) incidents of physical or sexual abuse committed by a school employee or school
volunteer; and
(b) crisis intervention, including suicide prevention, to individuals experiencing
emotional distress or psychiatric crisis;
(2) provide the services described in Subsection (1) 24 hours a day, seven days a week;
and
(3) when necessary, or as required by law, promptly forward a report received under
Subsection (1)(a) to appropriate:
(a) school officials; and
(b) law enforcement officials.
Section 3. Section 
53B-17-1203
, which is renumbered from Section 53E-10-503 is
renumbered and amended to read:
[
53E-10-503
].
 53B-17-1203.
 SafeUT and School Safety Commission
established -- Members.
(1) There is created the 
SafeUT and
 School Safety [
and Crisis Line
] Commission
composed of the following members:
(a) one member who represents the Office of the Attorney General, appointed by the
attorney general;
(b) one member who represents the Utah public education system, appointed by the
State Board of Education;
(c) one member who represents the Utah System of Higher Education, appointed by the
State Board of Regents;
(d) one member who represents the Utah Department of Health, appointed by the
executive director of the Department of Health;
(e) one member of the House of Representatives, appointed by the speaker of the
House of Representatives;
(f) one member of the Senate, appointed by the president of the Senate;
(g) one member who represents the University Neuropsychiatric Institute, appointed by
the chair of the commission;
(h) one member who represents law enforcement who has extensive experience in
emergency response, appointed by the chair of the commission;
(i) one member who represents the Utah Department of Human Services who has
experience in youth services or treatment services, appointed by the executive director of the
Department of Human Services; and
(j) two members of the public, appointed by the chair of the commission.
(2) (a) Except as provided in Subsection (2)(b), members of the commission shall be
appointed to four-year terms.
(b) The length of the terms of the members shall be staggered so that approximately
half of the committee is appointed every two years.
(c) When a vacancy occurs in the membership of the commission, the replacement
shall be appointed for the unexpired term.
(3) (a) The attorney general's designee shall serve as chair of the commission.
(b) The chair shall set the agenda for commission meetings.
(4) Attendance of a simple majority of the members constitutes a quorum for the
transaction of official commission business.
(5) Formal action by the commission requires a majority vote of a quorum.
(6) (a) Except as provided in Subsection (6)(b), a member may not receive
compensation, benefits, per diem, or travel expenses for the member's service.
(b) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(7) The Office of the Attorney General shall provide staff support to the commission.
Section 4. Section 
53B-17-1204
, which is renumbered from Section 53E-10-504 is
renumbered and amended to read:
[
53E-10-504
].
 53B-17-1204.
 SafeUT and School Safety Commission duties
-- LEA governing board duties -- Fees.
(1) As used in this section:
(a) "LEA governing board" means:
(i) for a school district, the local school board;
(ii) for a charter school, the charter school governing board; or
(iii) for the Utah Schools for the Deaf and the Blind, the State Board of Education.
(b) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(2)
 The commission shall coordinate:
[
(1)
] 
(a)
 statewide efforts related to the [
School Safety and
] 
SafeUT
 Crisis Line; and
[
(2)
] 
(b)
 with the State Board of Education and the State Board of Regents to promote
awareness of the services available through the [
School Safety and
] 
SafeUT
 Crisis Line.
(3) An LEA governing board shall inform students, parents, and school personnel
about the SafeUT Crisis Line.
(4) (a) Except as provided in Subsection (4)(b), the University Neuropsychiatric
Institute may charge a fee to an institution of higher education or other entity for the use of the
SafeUT Crisis Line in accordance with the method described in Subsection (4)(c).
(b) The University Neuropsychiatric Institute may not charge a fee to the State Board
of Education or a local education agency for the use of the SafeUT Crisis Line.
(c) The commission shall establish a standard method for charging a fee described in
Subsection (4)(a).
Section 5. Section 
53F-2-415
 is enacted to read:
 53F-2-415.
Student health and counseling support -- Qualifying personnel --
Distribution formula -- Rulemaking.
(1) As used in this section, "qualifying personnel" means a school counselor or other
counselor, school psychologist or other psychologist, school social worker or other social
worker, or school nurse who:
(a) is licensed; and
(b) collaborates with educators and a student's parent on:
(i) early identification and intervention of the student's academic and mental health
needs; and
(ii) removing barriers to learning and developing skills and behaviors critical for the
student's academic achievement.
(2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
the state board shall distribute money appropriated under this section to LEAs to provide in a
school targeted school-based mental health support, including clinical services and
trauma-informed care, through employing or entering into contracts for services provided by
qualifying personnel.
(b) (i) The state board shall, after consulting with LEA governing boards, develop a
formula to distribute money appropriated under this section to LEAs.
(ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
incentivizes an LEA to provide school-based mental health support in collaboration with the
local mental health authority of the county in which the LEA is located.
(3) To qualify for money under this section, an LEA shall submit to the state board a
plan that includes:
(a) measurable goals approved by the LEA governing board on improving student
safety, student engagement, school culture, or academic achievement;
(b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
use of the money;
(c) how the LEA is meeting the requirements related to parent education described in
Section 
53G-9-703
; and
(d) whether the LEA intends to provide school-based mental health support in
collaboration with the local mental health authority of the county in which the LEA is located.
(4) The state board shall distribute money appropriated under this section to an LEA
that qualifies under Subsection (3):
(a) based on the formula described in Subsection (2)(b); and
(b) in an amount of money that the LEA equally matches using local or unrestricted
state money.
(5) An LEA may not use money distributed by the state board under this section to
supplant federal, state, or local money previously allocated to employ or enter into contracts for
services provided by qualified personnel.
(6) The state board shall make rules that establish:
(a) procedures for submitting a plan for and distributing money under this section;
(b) the formula the state board will use to distribute money to LEAs described in
Subsection (2)(b); and
(c) in accordance with Subsection (7), annual reporting requirements for an LEA that
receives money under this section.
(7) An LEA that receives money under this section shall submit an annual report to the
state board, including:
(a) progress toward achieving the goals submitted under Subsection (3)(a);
(b) if the LEA discontinues a qualifying personnel position, the LEA's reason for
discontinuing the position; and
(c) how the LEA, in providing school-based mental health support, complies with the
provisions of Section 
53E-9-203
.
(8) Beginning on or before July 1, 2019, the state board shall provide training that
instructs school personnel on the impact of childhood trauma on student learning, including
information advising educators against practicing medicine, giving a diagnosis, or providing
treatment.
(9) The state board may use up to 2% of an appropriation under this section for costs
related to the administration of the provisions of this section.
(10) Notwithstanding the provisions of this section, money appropriated under this
section may be used, as determined by the state board, for:
(a) the SafeUT Crisis Line described in Section 
53B-17-1202
; or
(b) youth suicide prevention programs described in Section 
53G-9-702
.
Section 6. Section 
53F-2-519
 is amended to read:
53F-2-519.
 Appropriation for school nurses.
(1) The State Board of Education shall distribute money appropriated for school nurses
to award grants to school districts and charter schools that:
(a) provide an equal amount of matching funds; and
(b) do not supplant other money used for school nurses.
(2) (a) A school district or charter school that is awarded a grant under this section
shall require each school nurse employed by the school district or charter school to complete
two hours of continuing nurse education on the emotional and mental health of students.
(b) The continuing nurse education described in Subsection (2)(a) shall include training
on:
(i) the awareness of, screening for, and triaging to appropriate treatment for mental
health problems;
(ii) trauma-informed care;
(iii) signs of mental illness;
(iv) alcohol and substance abuse;
(v) response to acute mental health crises; and
(vi) suicide prevention, including information about the 24-hour availability of the
[
School Safety and
] 
SafeUT
 Crisis Line established under Section [
53E-10-502
] 
53B-17-1202
.
Section 7. Section 
53G-8-202
 is amended to read:
53G-8-202.
Public school discipline policies -- Basis of the policies --
Enforcement.
(1) The Legislature recognizes that every student in the public schools should have the
opportunity to learn in an environment which is safe, conducive to the learning process, and
free from unnecessary disruption.
(2) (a) To foster such an environment, each local school board or governing board of a
charter school, with input from school employees, parents and guardians of students, students,
and the community at large, shall adopt conduct and discipline policies for the public schools
in accordance with Section 
53G-8-211
.
(b) A district or charter school shall base its policies on the principle that every student
is expected:
(i) to follow accepted rules of conduct; and
(ii) to show respect for other people and to obey persons in authority at the school.
(c) (i) On or before September 1, 2015, the State Board of Education shall revise the
conduct and discipline policy models for elementary and secondary public schools to include
procedures for responding to reports received through the [
School Safety and
] 
SafeUT
 Crisis
Line under Subsection [
53E-10-502
] 
53B-17-1202
(3).
(ii) Each district or charter school shall use the models, where appropriate, in
developing its conduct and discipline policies under this chapter.
(d) The policies shall emphasize that certain behavior, most particularly behavior
which disrupts, is unacceptable and may result in disciplinary action.
(3) The local superintendent and designated employees of the district or charter school
shall enforce the policies so that students demonstrating unacceptable behavior and their
parents or guardians understand that such behavior will not be tolerated and will be dealt with
in accordance with the district's conduct and discipline policies.
Section 8. Section 
53G-8-203
 is amended to read:
53G-8-203.
Conduct and discipline policies and procedures.
(1) The conduct and discipline policies required under Section 
53G-8-202
 shall
include:
(a) provisions governing student conduct, safety, and welfare;
(b) standards and procedures for dealing with students who cause disruption in the
classroom, on school grounds, on school vehicles, or in connection with school-related
activities or events;
(c) procedures for the development of remedial discipline plans for students who cause
a disruption at any of the places referred to in Subsection (1)(b);
(d) procedures for the use of reasonable and necessary physical restraint in dealing with
students posing a danger to themselves or others, consistent with Section 
53G-8-302
;
(e) standards and procedures for dealing with student conduct in locations other than
those referred to in Subsection (1)(b), if the conduct threatens harm or does harm to:
(i) the school;
(ii) school property;
(iii) a person associated with the school; or
(iv) property associated with a person described in Subsection (1)(e)(iii);
(f) procedures for the imposition of disciplinary sanctions, including suspension and
expulsion;
(g) specific provisions, consistent with Section 
53E-3-509
, for preventing and
responding to gang-related activities in the school, on school grounds, on school vehicles, or in
connection with school-related activities or events;
(h) standards and procedures for dealing with habitual disruptive or unsafe student
behavior in accordance with the provisions of this part; and
(i) procedures for responding to reports received through the [
School Safety and
]
SafeUT
 Crisis Line under Subsection [
53E-10-502
] 
53B-17-1202
(3).
(2) (a) Each local school board shall establish a policy on detaining students after
regular school hours as a part of the district-wide discipline plan required under Section
53G-8-202
.
(b) (i) The policy described in Subsection (2)(a) shall apply to elementary school
students, grades kindergarten through six.
(ii) The board shall receive input from teachers, school administrators, and parents and
guardians of the affected students before adopting the policy.
(c) The policy described in Subsection (2)(a) shall provide for:
(i) notice to the parent or guardian of a student prior to holding the student after school
on a particular day; and
(ii) exceptions to the notice provision if detention is necessary for the student's health
or safety.
Section 9. Section 
53G-9-703
 is amended to read:
53G-9-703.
Parent education -- Mental health -- Bullying -- Safety.
(1) (a) Except as provided in Subsection (4), a school district shall offer a seminar for
parents of students in the school district that:
(i) is offered at no cost to parents;
(ii) begins at or after 6 p.m.;
(iii) is held in at least one school located in the school district; and
(iv) covers the topics described in Subsection (2).
(b) (i) A school district shall annually offer one parent seminar for each 11,000
students enrolled in the school district.
(ii) Notwithstanding Subsection (1)(b)(i), a school district may not be required to offer
more than three seminars.
(c) A school district may:
(i) develop its own curriculum for the seminar described in Subsection (1)(a); or
(ii) use the curriculum developed by the State Board of Education under Subsection
(2).
(d) A school district shall notify each charter school located in the attendance
boundaries of the school district of the date and time of a parent seminar, so the charter school
may inform parents of the seminar.
(2) The State Board of Education shall:
(a) develop a curriculum for the parent seminar described in Subsection (1) that
includes information on:
(i) substance abuse, including illegal drugs and prescription drugs and prevention;
(ii) bullying;
(iii) mental health, depression, suicide awareness, and suicide prevention, including
education on limiting access to fatal means;
(iv) Internet safety, including pornography addiction; and
(v) the [
School Safety and
] 
SafeUT
 Crisis Line established in Section [
53E-10-502
]
53B-17-1202
; and
(b) provide the curriculum, including resources and training, to school districts upon
request.
(3) The State Board of Education shall report to the Legislature's Education Interim
Committee, by the October 2015 meeting, on:
(a) the progress of implementation of the parent seminar;
(b) the number of parent seminars conducted in each school district;
(c) the estimated attendance reported by each school district;
(d) a recommendation of whether to continue the parent seminar program; and
(e) if a local school board has opted out of providing the parent seminar, as described
in Subsection (4), the reasons why a local school board opted out.
(4) (a) A school district is not required to offer the parent seminar if the local school
board determines that the topics described in Subsection (2) are not of significant interest or
value to families in the school district.
(b) If a local school board chooses not to offer the parent seminar, the local school
board shall notify the State Board of Education and provide the reasons why the local school
board chose not to offer the parent seminar.
Section 10. Section 
62A-15-116
 is amended to read:
62A-15-116.
Mobile crisis outreach team expansion.
(1) In consultation with the [
Crisis Line
] 
Mental Health Crisis Line
 Commission,
established in Section [
53E-10-503
] 
63C-18-202
, the division shall award grants for the
development of five mobile crisis outreach teams:
(a) (i) in counties of the second, third, fourth, fifth, or sixth class; or
(ii) in counties of the first class, if no more than two mobile crisis outreach teams are
operating or have been awarded a grant to operate in the county; and
(b) to provide mental health crisis services 24 hours per day, 7 days per week, and
every day of the year.
(2) The division shall prioritize the award of a grant described in Subsection (1) to
entities, based on:
(a) the number of individuals the proposed mobile crisis outreach team will serve; and
(b) the percentage of matching funds the entity will provide to develop the proposed
mobile crisis outreach team.
(3) An entity does not need to have resources already in place to be awarded a grant
described in Subsection (1).
(4) In consultation with the [
Crisis Line
] 
Mental Health Crisis Line
 Commission,
established in Section [
53E-10-503
] 
63C-18-202
, the division shall make rules, in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the application and award
of the grants described in Subsection (1).
Section 11. Section 
62A-15-117
 is enacted to read:
 62A-15-117.
Medicaid reimbursement for school-based health services -- Report
to Legislature.
(1) As used in this section, "individualized education program" or "IEP" means a
written statement for a student with a disability that is developed, reviewed, and revised in
accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(2) The division shall coordinate with the State Board of Education, the Department of
Health, and stakeholders to address and develop recommendations related to:
(a) the expansion of Medicaid reimbursement for school-based health services,
including how to expand Medicaid-eligible school-based services beyond the services for
students with IEPs; and
(b) other areas concerning Medicaid reimbursement for school-based health services,
including the time threshold for medically necessary IEP services.
(3) The division, the State Board of Education, and the Department of Health shall
jointly report the recommendations described in Subsection (2) to the Education Interim
Committee on or before August 15, 2019.
Section 12. 
Repealer.
This bill repeals:
Section 
53E-10-505
,
State Board of Education and local boards of education to
update policies and promote awareness.
Section 
53E-10-506
,
Higher education implementation of School Safety and Crisis
Line.
Section 13. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
fiscal year 2020. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To State Board of Education - Minimum School Program - Related to Basic School 
 Programs
From Education Fund
$26,000,000
From Education Fund, One-time
($10,000,000)
Schedule of Programs:
Student Health and Counseling
Support Program
$16,000,000
The Legislature intends that the State Board of Education use the appropriation
provided under this item for the purposes described in Section 
53F-2-415
.
ITEM 2
To Department of Human Services - Division of Substance Abuse and Mental Health
From General Fund 
($500,000)
Schedule of Programs:
Community Mental Health Services ($500,000)
ITEM 3
To University of Utah - SafeUT Crisis Text and Tip Line
From Education Fund
$1,770,000
Schedule of Programs:
SafeUT Operations $1,770,000
Section 14. 
 Coordinating H.B. 373 with S.B. 14 -- Substantive language.
If this H.B. 373 and S.B. 14, Education Reporting Requirements, both pass and become
law, it is the intent of the Legislature that the Office of Legislative Research and General
Counsel prepare the Utah Code database for publication by:
(1) inserting the following language as a new Subsection 
53E-1-201
(2)(j):
"(j) the report described in Section 
62A-15-117
 by the Division of Substance Abuse
and Mental Health, the State Board of Education, and the Department of Health regarding
recommendations related to Medicaid reimbursement for school-based health services;"; and
(2) renumbering remaining subsections accordingly.
Section 15. 
 Coordinating H.B. 373 with H.B. 27 -- Superseding technical and
substantive amendments.
If this H.B. 373 and H.B. 27, Public Education Definitions Amendments, both pass and
become law, it is the intent of the Legislature that when the Office of Legislative Research and
General Counsel prepares the Utah Code database for publication:
(1) Section 
53B-17-1203
 in this bill supersedes Section 
53E-10-503
 in H.B. 27; and
(2) Section 
53B-17-1204
 in this bill supersedes Section 
53E-10-504
 in H.B. 27.