NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5191
SPONSOR: Gonzalez-Rojas 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 social workers and 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 prob-
lems 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:
2019-2020: 5.4217 - 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.
STATE OF NEW YORK
________________________________________________________________________
5191
2023-2024 Regular Sessions
IN ASSEMBLY
March 3, 2023
___________
Introduced by M. of A. GONZALEZ-ROJAS, JACKSON, ZINERMAN, SEAWRIGHT,
HEVESI, EPSTEIN, GALLAGHER, CRUZ, MAMDANI, KELLES, SANTABARBARA,
JEAN-PIERRE, FORREST, BURGOS, RAMOS, BURKE, DARLING, MITAYNES,
BURDICK, MEEKS, JONES, STERN, ANDERSON, THIELE, CARROLL, DINOWITZ,
GIBBS, JACOBSON, LUNSFORD, SILLITTI, DE LOS SANTOS, DAVILA, L. ROSEN-
THAL -- read once and referred 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:
1 Section 1. Section 901 of the education law, as amended by chapter 477
2 of the laws of 2004, subdivision 1 as amended by section 57 of part A1
3 of chapter 58 of the laws of 2006, is amended to read as follows:
4 § 901. School health and mental health services to be provided. 1. a.
5 School health services, as defined in subdivision two of this section,
6 shall be provided by each school district for all students attending the
7 public schools in this state, except in the city school district of the
8 city of New York, as provided in this article. School health services
9 shall include the services of a registered professional nurse, if one is
10 employed, and shall also include such services as may be rendered as
11 provided in this article in examining students for the existence of
12 disease or disability and in testing the eyes and ears of such students.
13 b. School mental health services, as defined in subdivision two of
14 this section, shall be provided by each school district for all students
15 attending the public schools in this state, as provided in this article.
16 School mental health services shall include the services of a school
17 psychologist and school social worker, each of which shall be employed
18 by the district.
19 2. a. School health services for the purposes of this article shall
20 mean the several procedures, including, but not limited to, medical
21 examinations, dental inspection and/or screening, scoliosis screening,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02357-01-3
A. 5191 2
1 vision screening and audiometer tests, designed to determine the health
2 status of the child; to inform parents or other persons in parental
3 relation to the child, pupils and teachers of the individual child's
4 health condition subject to federal and state confidentiality laws; to
5 guide parents, children and teachers in procedures for preventing and
6 correcting defects and diseases; to instruct the school personnel in
7 procedures to take in case of accident or illness; to survey and make
8 necessary recommendations concerning the health and safety aspects of
9 school facilities and the provision of health information.
10 b. (i) School mental health services provided by a certified school
11 psychologist for purposes of this article shall mean the several proce-
12 dures, including, but not limited to, evaluations, screenings and
13 assessments, designed to determine the mental health and well-being
14 status of the child; to inform parents or other persons in parental
15 relation to the child, pupils and teachers of the individual child's
16 mental health condition subject to federal and state confidentiality
17 laws; to address identified mental health needs of the child; to
18 instruct the school personnel in interventions, techniques, and behav-
19 ioral approaches to respond to the mental health needs of the child; to
20 provide such interventions, approaches and services as necessary to
21 address the mental health needs of the child; and to make necessary
22 recommendations concerning the mental health aspects of the school envi-
23 ronment and the provision of mental health information.
24 (ii) School mental health services provided by licensed or certified
25 school social workers for the purposes of this article shall mean the
26 several procedures and services including, but not limited to, assess-
27 ments, evaluations and psychosocial intervention plans that are designed
28 to prevent and intervene to address mental, social, emotional, behav-
29 ioral, developmental, and addictive disorders, conditions, and disabili-
30 ties of the psychosocial aspect of illness and injuries experienced by
31 the child. Services provided by a licensed clinical social worker, or
32 under supervision, in accordance with the commissioner's regulations
33 governing the practice of social work services, those services shall
34 include: diagnosis of mental, emotional, behavioral and developmental
35 disorders and disabilities, and the psychosocial aspects of illness,
36 injury, disability and impairment undertaken within a psychosocial
37 framework; administration and interpretation of tests and measures of
38 psychosocial functioning; development and implementation of appropriate
39 assessment based treatment plans; and the provision of crisis and leth-
40 ality assessments, and short term and long term psychotherapy and
41 psychotherapeutic treatment to students, families and groups, undertaken
42 for the purpose of preventing, assessing, treating, ameliorating and
43 resolving psychosocial dysfunction with the goal of maintaining and
44 enhancing the mental, emotional, behavioral, and social functioning and
45 well-being of the child in the context of the family, school, and commu-
46 nity; to work as a liaison between parent, child, school, and community
47 and function within applicable confidentiality laws; to instruct school
48 personnel regarding interventions, techniques, and behavioral
49 approaches; to respond to the mental health needs of the child; and to
50 make necessary recommendations concerning the mental health aspects of
51 the school environment and the provision of mental health information.
52 3. The mental health professionals required herein shall be in addi-
53 tion to such personnel as necessary to implement the provisions of the
54 federal Individuals with Disabilities Education Act (IDEA), as amended.
55 § 2. Section 902 of the education law, as amended by chapter 477 of
56 the laws of 2004, paragraph a of subdivision 2 as amended by chapter 376
A. 5191 3
1 of the laws of 2015, paragraph b of subdivision 2 as amended by chapter
2 501 of the laws of 2005, is amended to read as follows:
3 § 902. Employment of health and mental health professionals. 1. a. As
4 used in this article "health professionals" means persons duly licensed
5 or otherwise authorized to practice a health profession pursuant to
6 applicable law, including, but not limited to, physicians, registered
7 professional nurses, nurse practitioners, physicians assistants, optome-
8 trists, dentists, dental hygienists, dietitians and nutritionists, and
9 audiologists.
10 b. As used in this article, "mental health professionals" shall mean
11 certified school psychologists and certified or licensed school social
12 workers duly authorized to provide mental health services pursuant to
13 applicable law.
14 2. a. The board of education, and the trustee or board of trustees of
15 each school district, shall employ, at a compensation to be agreed upon
16 by the parties, a qualified physician, or a nurse practitioner to the
17 extent authorized by the nurse practice act and consistent with subdivi-
18 sion three of section six thousand nine hundred two of this chapter, to
19 perform the duties of the director of school health services, including
20 any duties conferred on the school physician or school medical inspector
21 under any provision of law, to perform and coordinate the provision of
22 health services in the public schools and to provide health appraisals
23 of students attending the public schools in the city or district. The
24 physicians or nurse practitioners so employed shall be duly licensed
25 pursuant to applicable law.
26 b. Any such board or trustees may employ one or more school nurses,
27 who shall be registered professional nurses, as well as other health
28 professionals, as may be required. Such registered professional nurses
29 and other health professionals shall aid the director of school health
30 services of the district and shall perform such duties, including health
31 instruction for the benefit of the public schools as may be prescribed
32 by such board or trustees, in compliance with each such health profes-
33 sional's practice act.
34 c. Any such board or trustees shall employ one or more school psychol-
35 ogist and school social worker, as may be required. Such professional
36 shall perform such duties as may be prescribed by such board or trus-
37 tees, in compliance with such professional's authorization.
38 3. Health and mental health professionals may be employed by the trus-
39 tees or boards of education of two or more school districts, and the
40 compensation of such health and mental health professionals, and the
41 expenses incurred in providing school health and mental health services
42 for students as provided in this article, shall be borne jointly by such
43 districts, and be apportioned among them in any manner agreed to by such
44 districts in a sharing agreement entered pursuant to section one hundred
45 nineteen-o of the general municipal law. The trustees or boards of
46 education of two or more school districts in a supervisory district may
47 enter into an agreement, or agreements as may be required, with a board
48 of cooperative educational services for the provision of the services of
49 one or more mental health professional or registered professional nurs-
50 es, and other health professionals to perform health and mental health
51 services, including health and mental health instruction in such
52 districts.
53 4. The mental health professionals required herein shall be in addi-
54 tion to such personnel as necessary to implement the provisions of the
55 federal Individuals with Disabilities Education Act (IDEA), as amended.
A. 5191 4
1 § 3. This act shall take effect on the first of September next
2 succeeding the date on which it shall have become a law. Effective imme-
3 diately, the addition, amendment and/or repeal of any rule or regulation
4 necessary for the implementation of this act on its effective date is
5 authorized to be made and completed on or before such effective date.
