Florida Senate - 2022 SB 1240
By Senator Harrell
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.
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
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
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
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
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
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
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.
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.