S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5024
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2025
                                ___________
 
 Introduced  by  Sens.  JACKSON,  GALLIVAN,  GONZALEZ, HARCKHAM, HINCHEY,
   RHOADS, WEBER -- 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 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 63 to read as follows:
   63. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01016-01-5
              

 S. 5024                             2
 
 AND MENTAL HEALTH SERVICES. SUCH RULES  AND  REGULATIONS  SHALL  REQUIRE
 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.