June 2006
Legislative Action in School Mental Health
Two pieces of legislation regarding school mental health may interest you. The first, An Act to Establish a Comprehensive Pupil Learning Support System Pilot Project
(http://www.leginfo.ca.gov/pub/bill/asm/ab_2001-2050/ab_2003_bill_20060426_amended_asm.pdf)
was introduced into the California State Legislature.
This bill would establish the Comprehensive Pupil Learning Support System, a pilot program, to ensure that each pupil will be a productive and responsible learner and citizen. The bill would require the State Department of Education to administer and implement the program through funds that are made available to the department for the purposes of the program. The bill would require the department to adopt regulations to implement the program (Legislative Counsel’s Digest, 2006).
The Comprehensive Pupil Learning Support System would be based upon Adelman and Taylor’s Learning Support Services framework http://smhp.psych.ucla.edu/powerpoint/3comprehensive/comprehensive.pdf. (See also the School Mental Health Project’s Article of the Month for September 2003 (http://www.eahec.ecu.edu/smhpdocs/article/0903.htm for more information).
The second piece of legislation was introduced into Congress on June 6, 2006, by Senator Chris Dodd (D-CT). This bill, S. 3449, is entitled the "Child and Adolescent Mental Health Resiliency Act of 2006" (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:s3449is.txt.pdf).
There
are three major sections:
I.
State and Community Activities Concerning the Mental Health of
Children and Adolescents
II.
Federal Interagency Collaboration and Related Activities
III.
Research Activities Concerning the Mental Health of Children and
Adolescents
Section 103 in Part I addresses Activities
Concerning Mental Health Services in Schools:
"SEC. 103.
ACTIVITIES CONCERNING MENTAL HEALTH SERVICES IN SCHOOLS.
(a)
Efforts of Secretary to Improve the Mental Health of Students- The
Secretary of Education, in collaboration with the Secretary of Health
and Human Services, shall--
(1) encourage elementary and secondary schools and educational institutions to address mental health issues facing children and adolescents by--
(A) identifying children and adolescents with, or who are at-risk for, mental health disorders;
(B) providing or linking children and adolescents to appropriate mental health services and supports; and
(C) assisting families, including providing families with resources on mental health services for children and adolescents and a link to relevant local and national advocacy and support organizations;
(2) collaborate on expanding and fostering a mental health promotion and early intervention strategy with respect to children and adolescents that focuses on emotional well being and resiliency and fosters academic achievement;
(3) encourage elementary and secondary schools and educational institutions to use positive behavioral support procedures and functional behavioral assessments on a school-wide basis as an alternative to suspending or expelling children and adolescents with or who are at risk for mental health needs; and
(4) provide technical assistance to elementary and secondary schools and educational institutions to implement the provisions of paragraphs (1) through (3).
(b) Grants-
(1) IN GENERAL- The Secretary of Education, in collaboration with the Secretary of Health and Human Services, shall award grants to, or enter into cooperative agreements with, States, political subdivisions of States, consortium of political subdivisions, tribal organizations, public organizations, private nonprofit organizations, elementary and secondary schools, and other educational institutions to provide directly or provide access to mental health services and case management of services in elementary and secondary schools and other educational settings.
(2) APPLICATION- To be eligible to receive a grant or cooperative agreement under paragraph (1) an entity shall--
(A) be a State, a political subdivision of a State, a consortia of political subdivisions, a tribal organization, a public organization, a private nonprofit organization, an elementary or secondary school, or an educational institution; and
(B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the entity will--
(i) provide directly or provide access to early intervention and prevention services in settings with an above average rate of children and adolescents with mental health disorders;
(ii) provide directly or provide access to early intervention and prevention services in settings with an above average rate of children and adolescents with co-occurring mental health and substance abuse disorders; and
(iii) demonstrate a broad collaboration of parents, primary care professionals, school and mental health professionals, child care processionals including those in educational settings, legal guardians, and all relevant local agencies and organizations in the application for, and administration of, the grant or cooperative agreement.
(3) USE OF FUNDS- An entity shall use amounts received under a grant or cooperative agreement under this subsection to provide--
(A) mental health identification services;
(B) early intervention and prevention services to children and adolescents with or who are at-risk of mental health disorders; and
(C) mental health-related training to primary care professionals, school and mental health professionals, and child care professionals, including those in educational settings.
(c)
Counseling and Behavioral Support Guidelines- The Secretary of
Education, in collaboration with the Secretary of Health and Human
Services, shall develop and issue guidelines to elementary and
secondary schools and educational institutions that encourage such
schools and institutions to provide counseling and positive
behavioral supports, including referrals for needed early
intervention and prevention services, treatment, and rehabilitation
to children and adolescents who are disruptive or who use drugs and
show signs or symptoms of mental health disorders. Such schools and
institutions shall be encouraged to provide such services to children
and adolescents in lieu of suspension, expulsion, or transfer to a
juvenile justice system without any support referral services or
system of care.
(d) Study-
(1) IN GENERAL- The Government Accountability Office shall conduct a study to assess the scientific validity of the Federal definition of a child or adolescent with an `emotional disturbance' as provided for in the regulations of the Department of Education under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), and whether, as written, such definition now excludes children and adolescents inappropriately through a determination that those children and adolescents are `socially maladjusted'.
(2) REPORT- Not later than 1 year after the date of enactment of this Act, the Government Accountability Office shall submit to the appropriated committees of Congress a report concerning the results of the study conducted under paragraph (1).
(e) Rule of Construction- Nothing in this section shall be construed--
(1) to supercede the provisions of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), including the requirement of prior parental consent for the disclosure of any education records; and
(2) to modify or affect the parental notification requirements for programs authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $22,500,000 for fiscal year 2007, and such sums as may be necessary for each of fiscal years 2008 through 2011.