HB3361 103RD GENERAL ASSEMBLY

LRB103 26054 RJT 52409 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3361

Introduced 2/17/2023, by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.196 new

Amends the School Code. Requires the State Board of Education to establish a School-Based Mental Health Services Grant Program to award grants to schools for the purpose of providing supplemental mental health services to students, in addition to services provided by the employees of a school. Sets forth provisions concerning Program requirements, grant applications, awards, requirements, funding, and reporting. Provides for guidelines and rulemaking. Effective immediately.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 2-3.196 as follows:

(105 ILCS 5/2-3.196 new)

Sec. 2-3.196. School-Based Mental Health Services Grant Program.

(a) In this Section:

"Chief school administrator" means the superintendent of a school district, the chief administrative officer of a nonpublic school, the executive director of a cooperative or joint agreement.

"Mental health services" means the provision of assistance or preparation of a plan of assistance to students who are experiencing anxiety, stress, trauma, or other mental or emotional impairments interfering with their education and behavior at school, with the goal of helping students engage in their school community in a productive and positive manner that maximizes their social and emotional development and learning.

"Mental health services entity" means a county, community organization, or agency that is licensed under State law to provide mental health services for students.

"Mental health specialist" means an individual who is a volunteer or employee of a mental health services entity and holds a valid and current State license as a psychologist, counselor, social worker, or clinical social worker.

"Program" means the School-Based Mental Health Services Grant Program.

"Supplemental mental health services" means mental health services provided by a mental health specialist and in addition to the mental health services being provided by a school's employees.

(b) The State Board of Education shall establish the Program to award grants to schools for the purpose of providing supplemental mental health services to students, in addition to services provided by the employees of a school. The Program shall support the use of community resources and organizations so that students of a school can have their mental health needs met within the school.

(c) Within 90 days after the effective date of this amendatory Act of the 103rd General Assembly, the State Board shall develop a process for awarding grants, including an application form and a review process. The application form shall include, at a minimum, the following:

(1) a description of the way a school intends to use the grant award to provide supplemental mental health services to students in a school setting;

(2) a description of how mental health specialists will consult with school staff, including multidisciplinary teams, the services that mental health specialists will provide, and how the mental health specialists will work under the supervision of an employee of a school who is identified by the chief school administrator as the coordinator of supplemental mental health services within the school;

(3) the amount of grant money requested; and

(4) any additional information the State Board determines is necessary.

(d) The State Board shall award grants under the Program each fiscal year, subject to appropriation. A school may receive a grant award in multiple fiscal years.

(e) The State Board shall make no more than 35 grant awards each fiscal year under the Program. The State Board shall ensure that grant awards are geographically dispersed across the State. Subject to appropriation, grant awards under the Program shall be disbursed no later than December 1, 2023 for Fiscal Year 2024, and no later than December 1 in each subsequent fiscal year.

(f) In order to receive a grant award under the Program, a school must agree to use the grant money to supplement and not supplant existing school spending on student mental health services, and, for any fiscal year in which the school receives a grant, the school may not reduce, curtail, or eliminate any program or service related to student mental health that existed at the time of application for a grant.

(g) The State Board shall fund grant awards with appropriations for the Program or with grants or other funding from the federal government, private foundations, or other sources.

(h) A school that receives a grant award under the Program shall do the following:

(1) post the approved application on the school's Internet website if it maintains one; and

(2) enter into one or more memoranda of understanding with the mental health services entity with which the mental health specialist is affiliated or employed. A memorandum of understanding shall include the following:

(A) the name of the school in which the supplemental mental health services will be provided;

(B) the cost and length of the agreement;

(C) a description of the following:

(i) the manner in which mental health specialists will work in consultation and coordination with existing school counselors, school social workers, and school psychologists who are employed by the school;

(ii) how the mental health specialist will work under the supervision of an employee designated by the chief school administrator; and

(iii) the services that the mental health specialist will provide;

(D) the name of the mental health specialist who will be assigned to the school and the qualifications of the mental health specialist;

(E) the name of the point of contact within the mental health services entity with which the mental health specialist is affiliated and a process by which the point of contact shall cooperate with the school to resolve concerns regarding services provided by the mental health specialist; and

(F) a description of quality standards that the mental health services entity will meet with respect to continuity of mental health specialists assigned to a school to provide supplemental mental health services to individual students.

(i) A school shall ensure that supplemental mental health services funded with a grant under the Program are consistent with the federal Family Educational Rights and Privacy Act of 1974 and the Illinois School Student Records Act.

(j) After entering into a memorandum of understanding under subsection (h), a school shall notify the parents or legal guardians of all students enrolled in the school that the school has entered into a memorandum of understanding with a mental health services entity under this Section. The notification shall include:

(1) a link to the approved grant application and a description of the Program; and

(2) a statement that, if a student is identified by the school as needing supplemental mental health services, the parent or legal guardian of the student will be notified and the parent or legal guardian has the option, after consultation with the school, to exempt the student from receiving supplemental mental health services by signing and submitting an opt-out form to the school.

The opt-out form under paragraph (2) of this subsection (j) shall be developed by the State Board and provided to all schools. The opt-out form shall be posted on the Internet website of each school for use by parents and legal guardians of students.

(k) Within one year after receiving a grant under the Program, a school shall file a report with the State Board describing how the grant award has enabled the school to provide school-based supplemental mental health services to students of the school. The report shall be on a form developed by the State Board.

(l) By April 30 of each year, the State Board shall compile the reports received under subsection (k) for the immediately preceding year and file the compiled report, along with any recommendations for improvements to the Program, with the Governor and the General Assembly.

(m) Nothing in this Section shall be construed to supersede any provision of a collective bargaining agreement negotiated between an educational employer and the exclusive representative of the school's employees.

(n) Within 90 days after the effective date of this amendatory Act of the 103rd General Assembly, the State Board, in conjunction with the Department of Human Services, shall develop guidelines to implement this Section. Upon development of the guidelines, the State Board shall post the guidelines on the State Board's Internet website.

(o) The State Board, in conjunction with the Department of Human Services, shall have the power to adopt rules to implement this Section.

Section 99. Effective date. This Act takes effect upon becoming law.