Florida Senate - 2021                                     SB 850
       
       
        
       By Senator Powell
       
       
       
       
       
       30-01081-21                                            2021850__
    1                        A bill to be entitled                      
    2         An act relating to the mental health assistance
    3         allocation; amending s. 1011.62, F.S.; revising the
    4         elements of plans required for school district funding
    5         under the mental health assistance allocation;
    6         requiring the plans to include adoption of an
    7         interagency agreement or memorandum of understanding
    8         with a managing entity that performs specified
    9         functions; requiring such agreement or memorandum to
   10         address the sharing of records and information to
   11         coordinate care and increase access to appropriate
   12         services; requiring the plans to include adoption of
   13         policies and procedures that meet specified criteria;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (b) of subsection (16) of section
   19  1011.62, Florida Statutes, is amended to read:
   20         1011.62 Funds for operation of schools.—If the annual
   21  allocation from the Florida Education Finance Program to each
   22  district for operation of schools is not determined in the
   23  annual appropriations act or the substantive bill implementing
   24  the annual appropriations act, it shall be determined as
   25  follows:
   26         (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
   27  assistance allocation is created to provide funding to assist
   28  school districts in establishing or expanding school-based
   29  mental health care; train educators and other school staff in
   30  detecting and responding to mental health issues; and connect
   31  children, youth, and families who may experience behavioral
   32  health issues with appropriate services. These funds shall be
   33  allocated annually in the General Appropriations Act or other
   34  law to each eligible school district. Each school district shall
   35  receive a minimum of $100,000, with the remaining balance
   36  allocated based on each school district’s proportionate share of
   37  the state’s total unweighted full-time equivalent student
   38  enrollment. Charter schools that submit a plan separate from the
   39  school district are entitled to a proportionate share of
   40  district funding. The allocated funds may not supplant funds
   41  that are provided for this purpose from other operating funds
   42  and may not be used to increase salaries or provide bonuses.
   43  School districts are encouraged to maximize third-party health
   44  insurance benefits and Medicaid claiming for services, where
   45  appropriate.
   46         (b) The plans required under paragraph (a) must be focused
   47  on a multitiered system of supports to deliver evidence-based
   48  mental health care assessment, diagnosis, intervention,
   49  treatment, and recovery services to students with one or more
   50  mental health or co-occurring substance abuse diagnoses and to
   51  students at high risk of such diagnoses. The provision of these
   52  services must be coordinated with a student’s primary mental
   53  health care provider and with other mental health providers
   54  involved in the student’s care. At a minimum, the plans must
   55  include the following elements:
   56         1. Direct employment of school-based mental health services
   57  providers to expand and enhance school-based student services
   58  and to reduce the ratio of students to staff in order to better
   59  align with nationally recommended ratio models. These providers
   60  include, but are not limited to, certified school counselors,
   61  school psychologists, school social workers, and other licensed
   62  mental health professionals. The plan also must identify
   63  strategies to increase the amount of time that school-based
   64  student services personnel spend providing direct services to
   65  students, which may include the review and revision of district
   66  staffing resource allocations based on school or student mental
   67  health assistance needs.
   68         2.An interagency agreement or memorandum of understanding
   69  with the managing entity, as defined in s. 394.9082(2)(e), which
   70  facilitates referrals of students to community-based services
   71  and coordinates care for students served by school-based and
   72  community-based providers. Such agreement or memorandum of
   73  understanding must address the sharing of records and
   74  information as authorized under s. 1006.07(7)(d) to coordinate
   75  care and increase access to appropriate services.
   76         3.2. Contracts or interagency agreements with one or more
   77  local community behavioral health providers or providers of
   78  Community Action Team services to provide a behavioral health
   79  staff presence and services at district schools. Services may
   80  include, but are not limited to, mental health screenings and
   81  assessments, individual counseling, family counseling, group
   82  counseling, psychiatric or psychological services, trauma
   83  informed care, mobile crisis services, and behavior
   84  modification. These behavioral health services may be provided
   85  on or off the school campus and may be supplemented by
   86  telehealth.
   87         4.3. Policies and procedures, including contracts with
   88  service providers, which will ensure that:
   89         a.Parents of students are provided information about
   90  behavioral health services available through the students’
   91  school or local community-based behavioral health services
   92  providers, including, but not limited to, the mobile response
   93  team established under s. 394.495 which serves their area. A
   94  school may meet this requirement by providing information about
   95  and Internet addresses for web-based directories of or guides to
   96  local behavioral health services as long as such directories or
   97  guides are easily navigated and understood by individuals
   98  unfamiliar with behavioral health delivery systems or services
   99  and include specific contact information for local behavioral
  100  health providers.
  101         b.School districts use the services of the mobile response
  102  teams to the extent that such services are available. Each
  103  school district shall establish policies and procedures to carry
  104  out the model response protocol developed under s. 1004.44.
  105         c. Students who are referred to a school-based or
  106  community-based mental health service provider for mental health
  107  screening for the identification of mental health concerns and
  108  ensure that the assessment of students at risk for mental health
  109  disorders occurs within 15 days of referral. School-based mental
  110  health services must be initiated within 15 days after
  111  identification and assessment, and support by community-based
  112  mental health service providers for students who are referred
  113  for community-based mental health services must be initiated
  114  within 30 days after the school or district makes a referral.
  115         d.Referrals are made to behavioral health services
  116  available through other delivery systems or payors for which a
  117  student or an individual living in the household of a student
  118  receiving services under this subsection may qualify, if such
  119  services appear to be needed or enhancements in those
  120  individuals’ behavioral health would contribute to the improved
  121  well-being of the student.
  122         5.4. Strategies or programs to reduce the likelihood of at
  123  risk students developing social, emotional, or behavioral health
  124  problems, depression, anxiety disorders, suicidal tendencies, or
  125  substance use disorders.
  126         6.5. Strategies to improve the early identification of
  127  social, emotional, or behavioral problems or substance use
  128  disorders, to improve the provision of early intervention
  129  services, and to assist students in dealing with trauma and
  130  violence.
  131         Section 2. This act shall take effect July 1, 2021.