Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 411 Second Substitute (2023GS)

Sponsor

Rep. Peterson, K.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• allows behavioral health support personnel to support school mental health professionals;
• requires the State Board of Education to provide guidance to local education agencies for staffing structure and support; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STUDENT BEHAVIORAL HEALTH SERVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen M. Peterson
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions for supporting student mental health in schools.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows behavioral health support personnel to support school mental health
professionals;
▸ requires the State Board of Education to provide guidance to local education
agencies for staffing structure and support; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53F-2-415
, as last amended by Laws of Utah 2022, Chapter 409
53F-5-218
, as last amended by Laws of Utah 2022, Chapter 476
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-2-415
 is amended to read:
53F-2-415.
Student health and counseling support -- Qualifying personnel --
Distribution formula -- Rulemaking.
(1) As used in this section:
(a) "Behavioral health support personnel" means an individual who:
(i) works under the direct supervision of qualifying personnel to:
(A) support and track a student's progress and access to and completion of school
curriculum; and
(B) support students by prompting, redirecting, encouraging, and reinforcing positive
behaviors;
(ii) is not certified or licensed in mental health; and
(iii) meets the professional qualifications as defined by state board rule;
[
(a)
] 
(b)
 "Qualifying personnel" means a school counselor or other counselor, 
a
 school
psychologist or other psychologist, 
a
 school social worker or other social worker, or 
a
 school
nurse who:
(i) is licensed; and
(ii) collaborates with educators and a student's parent on:
(A) early identification and intervention of the student's academic and mental health
needs; and
(B) removing barriers to learning and developing skills and behaviors critical for the
student's academic achievement.
[
(b)
] 
(c)
 "Telehealth services" means the same as that term is defined in Section
26-60-102
.
(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:
(i) employing qualifying personnel; [
or
]
(ii) employing behavioral health support personnel; or
[
(ii)
] 
(iii)
 entering into contracts for services provided by qualifying personnel,
including telehealth services.
(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.
(iii) The state board shall provide guidance for LEAs regarding the training,
qualifications, roles, and scopes of practice for qualifying personnel and behavioral health
support personnel that includes:
(A) uses for each professional within the professional's licensing capacity and the
professional's expertise;
(B) through multi-disciplinary teaming and a tiered system of support, how qualifying
personnel and behavioral health support personnel work together to understand and address the
mental health needs of students; and
(C) incorporating parent consent and partnership as key components in addressing the
mental health needs of students.
(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
] 
climate
, 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) if the state board approves the LEA's plan before April 1, 2020, in an amount of
money that the LEA equally matches using local money, unrestricted state money, or money
distributed to the LEA under Section 
53G-7-1303
.
]
(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:
(a) employ qualifying personnel
;
(b) employ behavioral health support personnel
; or
[
(b)
] 
(c)
 enter into contracts for services provided by qualified personnel, including
telehealth services.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 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 
or a behavioral health
support personnel position
, the LEA's reason for discontinuing the [
position
] 
positions
; 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:
(a) 2% of an appropriation under this section for costs related to the administration of
the provisions of this section; and
(b) $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described
in this section to provide scholarships for up to four years to certain LEA employees, as defined
by the state board, for education and training to become a school social worker, a school
psychologist, or other school-based mental health worker.
(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 2. Section 
53F-5-218
 is amended to read:
53F-5-218.
Grow Your Own Teacher and School Counselor Pipeline Program.
(1) As used in this section:
(a) "Paraprofessional" means an individual who:
(i) works with students in an LEA as a paraprofessional or in a similar teaching
assistant position; and
(ii) is not licensed to teach.
(b) "Program" means the Grow Your Own Teacher and School Counselor Pipeline
Program that this section creates.
(c) "School counselor" means an educator who is:
(i) licensed as a school counselor in accordance with state board rule; and
(ii) assigned to provide direct and indirect services to students in accordance with a
school counseling program model that the state board provides.
(d) "School counselor assistant" means a student who is:
(i) enrolled in an accredited bachelor's degree program in a related field; and
(ii) completing the student's practicum experience in a school counseling department
under the supervision of a licensed school counselor.
(e) "School counselor intern" means a student who is:
(i) enrolled in an accredited school counselor master's degree program; and
(ii) completing the student's hours of a supervised counseling internship by applying
appropriate school counseling techniques under the supervision of a licensed school counselor.
(f) "Teacher" means an educator who has an assignment to teach in a classroom.
(2) The Grow Your Own Teacher and School Counselor Pipeline Program is a
competitive grant program created to provide funding to LEAs to award scholarships to
paraprofessionals, teachers, school counselor assistants, and school counselor interns within the
LEA for education and training to become licensed teachers or licensed school counselors.
(3) 
(a)
 The state board shall use money appropriated for the program to provide
funding to LEAs that are awarded grants under the program to award scholarships to eligible
candidates [
whom principals within the LEA nominate, in an amount that the state board
determines.
]
.
(b) The state board shall:
(i) determine the amount of an award an LEA receives under the program; and
(ii) prioritize the amount of an award an LEA receives based upon an LEA's identified
need.
(c) The principal within the participating LEA shall nominate a candidate for the
scholarship awarded under this section.
(4) An LEA that participates in the program may select a candidate for a scholarship
award if:
(a) the candidate is a resident of the state; and
(b) (i) for a paraprofessional:
(A) a school district or 
a
 charter school has employed the candidate as a
paraprofessional for at least one year before entering the program; or
(B) subject to Subsection (5), the candidate has experience outside 
of
 the school
district, 
the
 charter school, or 
the
 state that is equivalent to the experience described in
Subsection (4)(b)(i)(A);
(ii) for a teacher, the candidate:
(A) was a paraprofessional who was awarded a scholarship;
(B) was offered employment as a teacher before the teacher completed the training to
become a professionally licensed teacher; and
(C) is working as a teacher for the same LEA where the teacher previously worked as a
paraprofessional and was awarded the scholarship.
(iii) for a school counselor assistant, the candidate:
(A) is enrolled in a bachelor's degree program in a related field; and
(B) demonstrates a commitment to continue the school counselor assistant's education
after graduation in school counseling; or
(iv) for a school counselor intern, the candidate is enrolled in [
an accredited
] 
a
 school
counselor master's degree program accredited by:
(A) the Council for Accreditation of Counseling and Related Educational Programs; or
(B) another regionally recognized accrediting body that meets the state board's
standards for school counselor education programs.
(5) The percentage of an LEA's paraprofessional scholarship recipients who are eligible
for a scholarship using equivalent experience under Subsection (4)(b)(i)(B) may not exceed
20%.
(6) A scholarship award under the program may only be used for:
(a) tuition, books, fees, and certification tests for required coursework and licensure;
(b) stipends for mentors or school counselor assistants; and
(c) if the LEA pays 0.15 of a full-time equivalent and all employee benefits, payment
of a 0.35 full-time equivalent for:
(i) a paraprofessional, up to one semester of student teaching; or
(ii) a school counselor assistant or school counselor intern, up to two semesters of
practicum or internship hours.
(7) A paraprofessional scholarship recipient must be continuously employed as a
paraprofessional by the paraprofessional's LEA while pursuing a degree using scholarship
money under the program.
(8) The state board shall make rules in accordance with this section and Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to administer the program, including rules
regarding:
(a) grant and scholarship application procedures;
(b) procedures for distributing scholarship money;
(c) assignment and eligibility of qualified mentors;
(d) stipends for mentors or school counselor assistants;
(e) administrative costs for regional education service agencies, as that term is defined
in Section 
53G-4-410
; and
(f) eligibility requirements for potential candidates for scholarships regarding the
completion of the Free Application for Federal Student Aid and the acceptance of other grants,
tuition or fee waivers, and scholarships offered to the candidate.