NY State Senate Bill 2023-S356

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Jan 04, 2023	referred to education

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2023-S356 (ACTIVE) - Details

See Assembly Version of this Bill:: A5191
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§901 & 902, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4217, A5373
2021-2022: S1969, A5019

2023-S356 (ACTIVE) - Summary

Provides for the employment of mental health professionals by school districts.

2023-S356 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S356

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to the employment of
mental health professionals by school districts

 
PURPOSE:

To ensure that all elementary, intermediate, middle, junior, and senior
high schools throughout New York State have a full-time licensed social
worker and a full-time licensed psychologist on staff to meet the needs
of their students.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 901 of the Education Law to provide that mental
health services shall be provided by each school district to all
students that attend public schools and that each school district shall
employ a school psychologist and school social worker to provide such
mental health services.

Section 2 amends Section 902 of the Education Law to provide that
"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. School boards
of education or trustees shall employ one or more school psychologist
and school social worker, as may be required.

Section 3 is the effective date,

 
JUSTIFICATION:

For many children, it can be a struggle to reach their full potential
academically, socially, and emotionally. Today's children face daily
challenges due to family challenges stemming from family situations and
the complex world we live in. Licensed psychologists are prepared to
assist students to address and combat these challenges in a successful
and positive way. It is a sad reality that many children do not receive
the early intervention needed to prevent long-term problems and are
often unnecessarily and inappropriately referred to special education.
With the aid of a professional psychologist, many long-term problems can
be averted.

Given current economic and political turbulence and the resulting impact
on families and children, stress and worry has risen sharply due to loss
of income, rising debt, unemployment, underemployment, loss of insur-
ance, housing instability, hunger, and many other factors. These factors
are known to contribute to increased incidence of mental illness,
substance abuse, suicide, violence, crime, and, in an academic environ-
ment, may be attributed to increased absence and risk of school failure.
School social workers are qualified to address these factors. By apply-
ing appropriate intervention strategies, school social workers are able
to alleviate some of these issues and support academic success.

In today's ever changing world, every student in New York deserves equal
access to services and every school in New York should provide the

important services provided by psychologists and social workers for
their students.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S.1969 - Referred to Education/A.5019 - Referred to Education

2019-2020: S.4217 - Referred to Education/A.5373 - Referred to Education

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding the
date on which it shall have become a law. Effective immediately, 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 on or before such effective date.

2023-S356 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    356
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. JACKSON, BRISPORT, BROUK, COONEY, HARCKHAM, HOYLMAN,
   MAY,  MYRIE,  PERSAUD,  RAMOS,  RIVERA, SALAZAR, SANDERS, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02357-01-3
 S. 356                              2
 
 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
 S. 356                              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.
 S. 356                              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.

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Senate Bill S356

Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2023-S356 (ACTIVE) - Details

2023-S356 (ACTIVE) - Summary

2023-S356 (ACTIVE) - Sponsor Memo

2023-S356 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S356

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Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2023-S356 (ACTIVE) - Details

2023-S356 (ACTIVE) - Summary

2023-S356 (ACTIVE) - Sponsor Memo

2023-S356 (ACTIVE) - Bill Text download pdf

Comments