Florida Senate - 2022                                    SB 1240
       By Senator Harrell
       25-01131-22                                           20221240__
    1                        A bill to be entitled                      
    2         An act relating to the mental health of students;
    3         amending s. 394.463, F.S.; revising data the
    4         Department of Children and Families is required to
    5         analyze when creating its annual report on the
    6         initiation of certain involuntary examinations;
    7         amending s. 1002.33, F.S.; requiring charter schools
    8         to be in compliance with laws relating to reporting
    9         involuntary examinations; amending s. 1006.07, F.S.;
   10         requiring the Department of Education, by a specified
   11         date, to share with the Department of Children and
   12         Families data received from school districts relating
   13         to involuntary examinations; amending s. 1011.62,
   14         F.S.; revising requirements for plans relating to
   15         mental health assistance allocations; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Subsection (4) of section 394.463, Florida
   21  Statutes, is amended to read:
   22         394.463 Involuntary examination.—
   23         (4) DATA ANALYSIS.—Using data collected under paragraph
   24  (2)(a) and s. 1006.07(10), the department shall, at a minimum,
   25  analyze data on both the initiation of involuntary examinations
   26  of children and the initiation of involuntary examinations of
   27  students who are removed from a school; identify any patterns or
   28  trends and cases in which involuntary examinations are
   29  repeatedly initiated on the same child or student; study root
   30  causes for such patterns, trends, or repeated involuntary
   31  examinations; and make recommendations to encourage the use of
   32  alternatives to eliminate inappropriate initiations of such
   33  examinations. The department shall submit a report on its
   34  findings and recommendations to the Governor, the President of
   35  the Senate, and the Speaker of the House of Representatives by
   36  November 1 of each odd-numbered year.
   37         Section 2. Paragraph (b) of subsection (16) of section
   38  1002.33, Florida Statutes, is amended to read:
   39         1002.33 Charter schools.—
   40         (16) EXEMPTION FROM STATUTES.—
   41         (b) Additionally, a charter school shall be in compliance
   42  with the following statutes:
   43         1. Section 286.011, relating to public meetings and
   44  records, public inspection, and criminal and civil penalties.
   45         2. Chapter 119, relating to public records.
   46         3. Section 1003.03, relating to the maximum class size,
   47  except that the calculation for compliance pursuant to s.
   48  1003.03 shall be the average at the school level.
   49         4. Section 1012.22(1)(c), relating to compensation and
   50  salary schedules.
   51         5. Section 1012.33(5), relating to workforce reductions.
   52         6. Section 1012.335, relating to contracts with
   53  instructional personnel hired on or after July 1, 2011.
   54         7. Section 1012.34, relating to the substantive
   55  requirements for performance evaluations for instructional
   56  personnel and school administrators.
   57         8. Section 1006.12, relating to safe-school officers.
   58         9. Section 1006.07(7), relating to threat assessment teams.
   59         10. Section 1006.07(9), relating to School Environmental
   60  Safety Incident Reporting.
   61         11. Section 1006.07(10), relating to reporting of
   62  involuntary examinations.
   63         12. Section 1006.1493, relating to the Florida Safe Schools
   64  Assessment Tool.
   65         13.12. Section 1006.07(6)(c), relating to adopting an
   66  active assailant response plan.
   67         14.13. Section 943.082(4)(b), relating to the mobile
   68  suspicious activity reporting tool.
   69         15.14. Section 1012.584, relating to youth mental health
   70  awareness and assistance training.
   71         Section 3. Subsection (10) of section 1006.07, Florida
   72  Statutes, is amended to read:
   73         1006.07 District school board duties relating to student
   74  discipline and school safety.—The district school board shall
   75  provide for the proper accounting for all students, for the
   76  attendance and control of students at school, and for proper
   77  attention to health, safety, and other matters relating to the
   78  welfare of students, including:
   79         (10) REPORTING OF INVOLUNTARY EXAMINATIONS.—Each district
   80  school board shall adopt a policy to require the district
   81  superintendent to annually report to the department the number
   82  of involuntary examinations, as defined in s. 394.455, which are
   83  initiated at a school, on school transportation, or at a school
   84  sponsored activity. By July 1 of each year, the department shall
   85  share such data received from school districts during the
   86  previous year with the Department of Children and Families.
   87         Section 4. Paragraph (b) of subsection (14) of section
   88  1011.62, Florida Statutes, is amended to read:
   89         1011.62 Funds for operation of schools.—If the annual
   90  allocation from the Florida Education Finance Program to each
   91  district for operation of schools is not determined in the
   92  annual appropriations act or the substantive bill implementing
   93  the annual appropriations act, it shall be determined as
   94  follows:
   95         (14) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
   96  assistance allocation is created to provide funding to assist
   97  school districts in establishing or expanding school-based
   98  mental health care; train educators and other school staff in
   99  detecting and responding to mental health issues; and connect
  100  children, youth, and families who may experience behavioral
  101  health issues with appropriate services. These funds shall be
  102  allocated annually in the General Appropriations Act or other
  103  law to each eligible school district. Each school district shall
  104  receive a minimum of $100,000, with the remaining balance
  105  allocated based on each school district’s proportionate share of
  106  the state’s total unweighted full-time equivalent student
  107  enrollment. Charter schools that submit a plan separate from the
  108  school district are entitled to a proportionate share of
  109  district funding. The allocated funds may not supplant funds
  110  that are provided for this purpose from other operating funds
  111  and may not be used to increase salaries or provide bonuses.
  112  School districts are encouraged to maximize third-party health
  113  insurance benefits and Medicaid claiming for services, where
  114  appropriate.
  115         (b) The plans required under paragraph (a) must be focused
  116  on a multitiered system of supports to deliver evidence-based
  117  mental health care assessment, diagnosis, intervention,
  118  treatment, and recovery services to students with one or more
  119  mental health or co-occurring substance abuse diagnoses and to
  120  students at high risk of such diagnoses. The provision of these
  121  services must be coordinated with a student’s primary mental
  122  health care provider and with other mental health providers
  123  involved in the student’s care. At a minimum, the plans must
  124  include the following elements:
  125         1. Direct employment of school-based mental health services
  126  providers to expand and enhance school-based student services
  127  and to reduce the ratio of students to staff in order to better
  128  align with nationally recommended ratio models. These providers
  129  include, but are not limited to, certified school counselors,
  130  school psychologists, school social workers, and other licensed
  131  mental health professionals. The plan also must identify
  132  strategies to increase the amount of time that school-based
  133  student services personnel spend providing direct services to
  134  students, which may include the review and revision of district
  135  staffing resource allocations based on school or student mental
  136  health assistance needs.
  137         2. Contracts or interagency agreements with one or more
  138  local community behavioral health providers or providers of
  139  Community Action Team services to provide a behavioral health
  140  staff presence and services at district schools. Services may
  141  include, but are not limited to, mental health screenings and
  142  assessments, individual counseling, family counseling, group
  143  counseling, psychiatric or psychological services, trauma
  144  informed care, mobile crisis services, and behavior
  145  modification. These behavioral health services may be provided
  146  on or off the school campus and may be supplemented by
  147  telehealth.
  148         3. Policies and procedures, including contracts with
  149  service providers, which will ensure that:
  150         a.Students referred to a school-based or community-based
  151  mental health service provider for mental health screening for
  152  the identification of mental health concerns and students at
  153  risk for mental health disorders are assessed within 15 days of
  154  referral. School-based mental health services must be initiated
  155  within 15 days after identification and assessment, and support
  156  by community-based mental health service providers for students
  157  who are referred for community-based mental health services must
  158  be initiated within 30 days after the school or district makes a
  159  referral.
  160         b.Parents of a student receiving services under this
  161  subsection are provided information about other behavioral
  162  health services available through the student’s school or local
  163  community-based behavioral health services providers. A school
  164  may meet this requirement by providing information about and
  165  Internet addresses for web-based directories or guides for local
  166  behavioral health services.
  167         c.Individuals living in a household with a student
  168  receiving services under this subsection are provided
  169  information about behavioral health services available through
  170  other delivery systems or payors for which such individuals may
  171  qualify, if such services appear to be needed or enhancements in
  172  those individuals’ behavioral health would contribute to the
  173  improved well-being of the student students who are referred to
  174  a school-based or community-based mental health service provider
  175  for mental health screening for the identification of mental
  176  health concerns and ensure that the assessment of students at
  177  risk for mental health disorders occurs within 15 days of
  178  referral. School-based mental health services must be initiated
  179  within 15 days after identification and assessment, and support
  180  by community-based mental health service providers for students
  181  who are referred for community-based mental health services must
  182  be initiated within 30 days after the school or district makes a
  183  referral.
  184         4. Strategies or programs to reduce the likelihood of at
  185  risk students developing social, emotional, or behavioral health
  186  problems, depression, anxiety disorders, suicidal tendencies, or
  187  substance use disorders.
  188         5. Strategies to improve the early identification of
  189  social, emotional, or behavioral problems or substance use
  190  disorders, to improve the provision of early intervention
  191  services, and to assist students in dealing with trauma and
  192  violence.
  193         6. Procedures to assist a mental health services provider
  194  or a behavioral health provider as described in subparagraph 1.
  195  or subparagraph 2., respectively, or a school resource officer
  196  or school safety officer who has completed mental health crisis
  197  intervention training in attempting to verbally de-escalate a
  198  student’s crisis situation before initiating an involuntary
  199  examination pursuant to s. 394.463. Such procedures must include
  200  strategies to de-escalate a crisis situation for a student with
  201  a developmental disability as that term is defined in s.
  202  393.063.
  203         7. Policies of the school district must require that in a
  204  student crisis situation, school or law enforcement personnel
  205  must make a reasonable attempt to contact a mental health
  206  professional who may initiate an involuntary examination
  207  pursuant to s. 394.463, unless the child poses an imminent
  208  danger to themselves or others, before initiating an involuntary
  209  examination pursuant to s. 394.463. Such contact may be in
  210  person or using telehealth as defined in s. 456.47. The mental
  211  health professional may be available to the school district
  212  either by contracts or interagency agreements with the managing
  213  entity, one or more local community behavioral health providers,
  214  or the local mobile response team or be a direct or contracted
  215  school district employee.
  216         Section 5. This act shall take effect July 1, 2022.