S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7743
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to requiring the  depart-
   ment  of  education to develop school health and mental health profes-
   sionals to student ratios in public schools

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds and declares that the toll the COVID-19 pandemic had and continues
 to have on our school communities warrants the immediate hiring of addi-
 tional school counselors, nurses, psychologists, and social  workers  to
 establish  effective  ratios with students in each school to ensure that
 their socio-emotional needs are being met.
   Students with unmet mental health  needs  often  struggle  in  school.
 Mental  health  problems  among students are also linked to an increased
 risk of depression, drug use, eating disorders, and becoming victims  of
 abuse.
   The  health  and  mental health needs of our students far outweigh the
 number of trained professionals who can adequately provide for them.  To
 address  this  unmet need, the state education department must establish
 proper health and mental health  professionals  to  student  ratios  for
 public  schools, taking into account such existing standards established
 by national health and mental health associations.
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 60 to read as follows:
   60.  A.  THE  COMMISSIONER  SHALL  PROMULGATE RULES AND REGULATIONS TO
 ESTABLISH STATEWIDE SCHOOL-BASED HEALTH AND MENTAL  HEALTH  PROFESSIONAL
 TO  STUDENT  RATIOS  IN  PUBLIC  SCHOOLS FOR STUDENTS WHO DO NOT RECEIVE
 SERVICES PURSUANT TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, TO
 PROVIDE STUDENTS WITH TIMELY, IN-PERSON ACCESS  TO  SCHOOL-BASED  HEALTH
 AND  MENTAL  HEALTH  SERVICES.  SUCH RULES AND REGULATIONS SHALL REQUIRE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11726-01-3
              

 A. 7743                             2
 
 SCHOOL-BASED HEALTH AND MENTAL HEALTH SERVICES TO BE  PROVIDED  BY  EACH
 SCHOOL  DISTRICT  FOR  ALL  STUDENTS  ATTENDING  A PUBLIC SCHOOL IN THIS
 STATE.
   B.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, "SCHOOL-BASED HEALTH AND
 MENTAL HEALTH SERVICES" SHALL INCLUDE THE SERVICES OF  A  SCHOOL  NURSE,
 CERTIFIED  OR LICENSED SCHOOL PSYCHOLOGIST, SCHOOL COUNSELOR, AND SOCIAL
 WORKER, EACH OF WHICH SHALL BE EMPLOYED BY  THE  DISTRICT  AND  IN  EACH
 SCHOOL  BUILDING  IN PROPORTION TO THE RATIOS ESTABLISHED BY THE COMMIS-
 SIONER.
   C. FOR THE PURPOSES OF  THIS  SUBDIVISION,  A  "PUBLIC  SCHOOL"  SHALL
 INCLUDE BUT NOT BE LIMITED TO A SCHOOL DISTRICT, PUBLIC SCHOOL, BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES, SPECIAL ACT SCHOOL DISTRICT AS DEFINED
 IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER, APPROVED PRESCHOOL SPECIAL
 EDUCATION  PROGRAM  PURSUANT  TO  SECTION FORTY-FOUR HUNDRED TEN OF THIS
 CHAPTER, APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOL FOR  THE
 EDUCATION OF STUDENTS WITH DISABILITIES INCLUDING PRIVATE SCHOOLS ESTAB-
 LISHED  UNDER  CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN
 HUNDRED SEVENTY-SIX, OR STATE-SUPPORTED SCHOOL IN ACCORDANCE WITH  ARTI-
 CLE EIGHTY-FIVE OF THIS CHAPTER.
   § 3. This act shall take effect immediately.