S T A T E O F N E W Y O R K
________________________________________________________________________
5191
2023-2024 Regular Sessions
I N A S S E M B L Y
March 3, 2023
___________
Introduced by M. of A. GONZALEZ-ROJAS, JACKSON, ZINERMAN, SEAWRIGHT,
HEVESI, EPSTEIN, GALLAGHER, CRUZ, MAMDANI, KELLES, SANTABARBARA,
JEAN-PIERRE, FORREST, BURGOS, RAMOS, BURKE, DARLING, MITAYNES,
BURDICK, MEEKS, JONES, STERN, ANDERSON, THIELE, CARROLL, DINOWITZ,
GIBBS, JACOBSON, LUNSFORD, SILLITTI, DE LOS SANTOS, DAVILA, L. ROSEN-
THAL -- 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02357-01-3
A. 5191 2
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
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
A. 5191 3
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-
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.
A. 5191 4
§ 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 is
authorized to be made and completed on or before such effective date.