S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5373
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in  relation  to  the  employment  of
   mental health professionals by school districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 901 of the education law, as amended by chapter 477
 of the laws of 2004, subdivision 1 as amended by section 57 of  part  A1
 of chapter 58 of the laws of 2006, is amended to read as follows:
   § 901. School  health AND MENTAL HEALTH services to be provided. 1. A.
 School health services, as defined in subdivision two of  this  section,
 shall be provided by each school district for all students attending the
 public  schools in this state, except in the city school district of the
 city of New York, as provided in this article.  School  health  services
 shall include the services of a registered professional nurse, if one is
 employed,  and  shall  also  include such services as may be rendered as
 provided in this article in examining  students  for  the  existence  of
 disease or disability and in testing the eyes and ears of such students.
   B.  SCHOOL  MENTAL  HEALTH  SERVICES, AS DEFINED IN SUBDIVISION TWO OF
 THIS SECTION, SHALL BE PROVIDED BY EACH SCHOOL DISTRICT FOR ALL STUDENTS
 ATTENDING THE PUBLIC SCHOOLS IN THIS STATE, AS PROVIDED IN THIS ARTICLE.
 SCHOOL MENTAL HEALTH SERVICES SHALL INCLUDE THE  SERVICES  OF  A  SCHOOL
 PSYCHOLOGIST  AND  SCHOOL SOCIAL WORKER, EACH OF WHICH SHALL BE EMPLOYED
 BY THE DISTRICT.
   2. A. School health services for the purposes of  this  article  shall
 mean  the  several  procedures,  including,  but not limited to, medical
 examinations, dental inspection and/or screening,  scoliosis  screening,
 vision  screening and audiometer tests, designed to determine the health
 status of the child; to inform parents  or  other  persons  in  parental
 relation  to  the  child,  pupils and teachers of the individual child's
 health condition subject to federal and state confidentiality  laws;  to
 guide  parents,  children  and teachers in procedures for preventing and
 correcting defects and diseases; to instruct  the  school  personnel  in
 procedures  to  take  in case of accident or illness; to survey and make
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09714-01-9

 A. 5373                             2
 
 necessary recommendations concerning the health and  safety  aspects  of
 school facilities and the provision of health information.
   B.  (I)  SCHOOL  MENTAL HEALTH SERVICES PROVIDED BY A CERTIFIED SCHOOL
 PSYCHOLOGIST FOR PURPOSES OF THIS ARTICLE SHALL MEAN THE SEVERAL  PROCE-
 DURES,  INCLUDING,  BUT  NOT  LIMITED  TO,  EVALUATIONS,  SCREENINGS AND
 ASSESSMENTS, DESIGNED TO DETERMINE  THE  MENTAL  HEALTH  AND  WELL-BEING
 STATUS  OF  THE  CHILD;  TO  INFORM PARENTS OR OTHER PERSONS IN PARENTAL
 RELATION TO THE CHILD, PUPILS AND TEACHERS  OF  THE  INDIVIDUAL  CHILD'S
 MENTAL  HEALTH  CONDITION  SUBJECT  TO FEDERAL AND STATE CONFIDENTIALITY
 LAWS; TO ADDRESS  IDENTIFIED  MENTAL  HEALTH  NEEDS  OF  THE  CHILD;  TO
 INSTRUCT  THE  SCHOOL PERSONNEL IN INTERVENTIONS, TECHNIQUES, AND BEHAV-
 IORAL APPROACHES TO RESPOND TO THE MENTAL HEALTH NEEDS OF THE CHILD;  TO
 PROVIDE  SUCH  INTERVENTIONS,  APPROACHES  AND  SERVICES AS NECESSARY TO
 ADDRESS THE MENTAL HEALTH NEEDS OF THE  CHILD;  AND  TO  MAKE  NECESSARY
 RECOMMENDATIONS CONCERNING THE MENTAL HEALTH ASPECTS OF THE SCHOOL ENVI-
 RONMENT AND THE PROVISION OF MENTAL HEALTH INFORMATION.
   (II)  SCHOOL  MENTAL HEALTH SERVICES PROVIDED BY LICENSED OR CERTIFIED
 SCHOOL SOCIAL WORKERS FOR THE PURPOSES OF THIS ARTICLE  SHALL  MEAN  THE
 SEVERAL  PROCEDURES  AND SERVICES INCLUDING, BUT NOT LIMITED TO, ASSESS-
 MENTS, EVALUATIONS AND PSYCHOSOCIAL INTERVENTION PLANS THAT ARE DESIGNED
 TO PREVENT AND INTERVENE TO ADDRESS MENTAL,  SOCIAL,  EMOTIONAL,  BEHAV-
 IORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, CONDITIONS, AND DISABILI-
 TIES  OF  THE PSYCHOSOCIAL ASPECT OF ILLNESS AND INJURIES EXPERIENCED BY
 THE CHILD. SERVICES PROVIDED BY A LICENSED CLINICAL  SOCIAL  WORKER,  OR
 UNDER  SUPERVISION,  IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS
 GOVERNING THE PRACTICE OF SOCIAL WORK  SERVICES,  THOSE  SERVICES  SHALL
 INCLUDE:  DIAGNOSIS  OF  MENTAL, EMOTIONAL, BEHAVIORAL AND DEVELOPMENTAL
 DISORDERS AND DISABILITIES, AND THE  PSYCHOSOCIAL  ASPECTS  OF  ILLNESS,
 INJURY,  DISABILITY  AND  IMPAIRMENT  UNDERTAKEN  WITHIN  A PSYCHOSOCIAL
 FRAMEWORK; ADMINISTRATION AND INTERPRETATION OF TESTS  AND  MEASURES  OF
 PSYCHOSOCIAL  FUNCTIONING; DEVELOPMENT AND IMPLEMENTATION OF APPROPRIATE
 ASSESSMENT BASED TREATMENT PLANS; AND THE PROVISION OF CRISIS AND  LETH-
 ALITY  ASSESSMENTS,  AND  SHORT  TERM  AND  LONG  TERM PSYCHOTHERAPY AND
 PSYCHOTHERAPEUTIC TREATMENT TO STUDENTS, FAMILIES AND GROUPS, UNDERTAKEN
 FOR THE PURPOSE OF PREVENTING,  ASSESSING,  TREATING,  AMELIORATING  AND
 RESOLVING  PSYCHOSOCIAL  DYSFUNCTION  WITH  THE  GOAL OF MAINTAINING AND
 ENHANCING THE MENTAL, EMOTIONAL, BEHAVIORAL, AND SOCIAL FUNCTIONING  AND
 WELL-BEING OF THE CHILD IN THE CONTEXT OF THE FAMILY, SCHOOL, AND COMMU-
 NITY;  TO WORK AS A LIAISON BETWEEN PARENT, CHILD, SCHOOL, AND COMMUNITY
 AND FUNCTION WITHIN APPLICABLE CONFIDENTIALITY LAWS; TO INSTRUCT  SCHOOL
 PERSONNEL    REGARDING   INTERVENTIONS,   TECHNIQUES,   AND   BEHAVIORAL
 APPROACHES; TO RESPOND TO THE MENTAL HEALTH NEEDS OF THE CHILD;  AND  TO
 MAKE  NECESSARY  RECOMMENDATIONS CONCERNING THE MENTAL HEALTH ASPECTS OF
 THE SCHOOL ENVIRONMENT AND THE PROVISION OF MENTAL HEALTH INFORMATION.
   3. THE MENTAL HEALTH PROFESSIONALS REQUIRED HEREIN SHALL BE  IN  ADDI-
 TION  TO  SUCH PERSONNEL AS NECESSARY TO IMPLEMENT THE PROVISIONS OF THE
 FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA), AS AMENDED.
   § 2. Section 902 of the education law, as amended by  chapter  477  of
 the laws of 2004, paragraph a of subdivision 2 as amended by chapter 376
 of  the laws of 2015, paragraph b of subdivision 2 as amended by chapter
 501 of the laws of 2005, is amended to read as follows:
   § 902. Employment of health AND MENTAL HEALTH professionals. 1. A.  As
 used  in this article "health professionals" means persons duly licensed
 or otherwise authorized to practice  a  health  profession  pursuant  to
 applicable  law,  including,  but not limited to, physicians, registered
 professional nurses, nurse practitioners, physicians assistants, optome-

 A. 5373                             3
 
 trists, dentists, dental hygienists, dietitians and  nutritionists,  and
 audiologists.
   B.  AS  USED IN THIS ARTICLE, "MENTAL HEALTH PROFESSIONALS" SHALL MEAN
 CERTIFIED SCHOOL PSYCHOLOGISTS AND CERTIFIED OR LICENSED  SCHOOL  SOCIAL
 WORKERS  DULY  AUTHORIZED  TO PROVIDE MENTAL HEALTH SERVICES PURSUANT TO
 APPLICABLE LAW.
   2. a. The board of education, and the trustee or board of trustees  of
 each  school district, shall employ, at a compensation to be agreed upon
 by the parties, a qualified physician, or a nurse  practitioner  to  the
 extent authorized by the nurse practice act and consistent with subdivi-
 sion  three of section six thousand nine hundred two of this chapter, to
 perform the duties of the director of school health services,  including
 any duties conferred on the school physician or school medical inspector
 under  any  provision of law, to perform and coordinate the provision of
 health services in the public schools and to provide  health  appraisals
 of  students  attending  the public schools in the city or district. The
 physicians or nurse practitioners so employed  shall  be  duly  licensed
 pursuant to applicable law.
   b.  Any  such  board or trustees may employ one or more school nurses,
 who shall be registered professional nurses, as  well  as  other  health
 professionals,  as  may be required. Such registered professional nurses
 and other health professionals shall aid the director of  school  health
 services of the district and shall perform such duties, including health
 instruction  for  the benefit of the public schools as may be prescribed
 by such board or trustees, in compliance with each such  health  profes-
 sional's practice act.
   C. ANY SUCH BOARD OR TRUSTEES SHALL EMPLOY ONE OR MORE SCHOOL PSYCHOL-
 OGIST  AND  SCHOOL  SOCIAL WORKER, AS MAY BE REQUIRED. SUCH PROFESSIONAL
 SHALL PERFORM SUCH DUTIES AS MAY BE PRESCRIBED BY SUCH  BOARD  OR  TRUS-
 TEES, IN COMPLIANCE WITH SUCH PROFESSIONAL'S AUTHORIZATION.
   3. Health AND MENTAL HEALTH professionals may be employed by the trus-
 tees  or  boards  of  education of two or more school districts, and the
 compensation of such health AND MENTAL  HEALTH  professionals,  and  the
 expenses  incurred in providing school health AND MENTAL HEALTH services
 for students as provided in this article, shall be borne jointly by such
 districts, and be apportioned among them in any manner agreed to by such
 districts in a sharing agreement entered pursuant to section one hundred
 nineteen-o of the general municipal  law.  The  trustees  or  boards  of
 education  of two or more school districts in a supervisory district may
 enter into an agreement, or agreements as may be required, with a  board
 of cooperative educational services for the provision of the services of
 one  or more MENTAL HEALTH PROFESSIONAL OR registered professional nurs-
 es, and other health professionals to perform health AND  MENTAL  HEALTH
 services,  including  health  AND  MENTAL  HEALTH  instruction  in  such
 districts.
   4. THE MENTAL HEALTH PROFESSIONALS REQUIRED HEREIN SHALL BE  IN  ADDI-
 TION  TO  SUCH PERSONNEL AS NECESSARY TO IMPLEMENT THE PROVISIONS OF THE
 FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA), AS AMENDED.
   § 3. This act shall  take  effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a law. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.