Florida Senate - 2025                                    SB 1310
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-01457A-25                                           20251310__
    1                        A bill to be entitled                      
    2         An act relating to the reporting of student mental
    3         health outcomes; creating s. 394.4575, F.S.; requiring
    4         the Department of Children and Families to annually
    5         submit a specified evaluation to the Governor and
    6         Legislature by a specified date; providing evaluation
    7         requirements; requiring the department to create a
    8         survey tool for specified purposes; authorizing the
    9         department to include survey results in the
   10         evaluation; amending s. 1001.212, F.S.; requiring the
   11         coordinator to report specified referrals to the
   12         department for reporting and evaluation purposes;
   13         deleting an obsolete provision; amending s. 1006.041,
   14         F.S.; requiring each school district to provide
   15         specified information to the department for reporting
   16         and evaluation purposes; revising certain plan
   17         requirements to include mobile response teams;
   18         removing a provision authorizing a mental health
   19         professional to be available to the school district
   20         through specified agreements; requiring each school
   21         district to submit certain approved plans and reports
   22         to the Department of Children and Families rather than
   23         the Department of Education; requiring the Department
   24         of Children and Families to annually certify receipt
   25         of and compliance with certain requirements to the
   26         Department of Education by specified dates; amending
   27         s. 1006.07, F.S.; requiring each district school
   28         board’s mental health coordinator to serve as the
   29         Department of Children and Families’ primary point of
   30         contact and coordinate with the department to prepare
   31         certain evaluations; requiring the coordinator to
   32         annually provide certain policies and procedures to
   33         the department; revising membership of a threat
   34         management team to include specified mental health
   35         providers; requiring the team to provide specified
   36         information to the department for reporting and
   37         evaluation purposes; requiring a threat management
   38         coordinator to report certain data to the department;
   39         amending s. 1012.584, F.S.; requiring each school
   40         district to notify certain school personnel of the
   41         availability of specified mental health providers;
   42         providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Section 394.4575, Florida Statutes, is created
   47  to read:
   48         394.4575Student mental health assistance program
   49  evaluation.—
   50         (1)On or before December 1 each year, the department shall
   51  submit to the Governor, the President of the Senate, and the
   52  Speaker of the House of Representatives and publish on its
   53  website an evaluation of mental health services and supports
   54  provided to students pursuant to ss. 1001.212(11), 1006.041, and
   55  1012.584(4). The department shall provide an evaluation of
   56  expenditure plans and program outcome reports submitted by
   57  school districts as required in s. 1006.041, and assess
   58  treatment outcomes and the effectiveness of mental health
   59  services provided pursuant to s. 1006.041(2)(a) and (b). The
   60  department shall also utilize other relevant information
   61  collected by the department to evaluate treatment outcomes,
   62  system capacity, and performance. School district threat
   63  management coordinators and mental health coordinators as
   64  described in s. 1006.07 shall provide information and reports to
   65  the department for evaluation and inclusion in the report.
   66         (2)The department shall create a survey tool for students
   67  using mental health services and supports described in this
   68  section for the purpose of assessing the patient experience and
   69  self-reported treatment outcomes. The results shall be
   70  deidentified before being transmitted to the department.
   71  Students or their parents or legal guardians may complete the
   72  survey. The department may include survey results in the annual
   73  evaluation under subsection (1).
   74         Section 2. Paragraph (a) of subsection (11) of section
   75  1001.212, Florida Statutes, is amended to read:
   76         1001.212 Office of Safe Schools.—There is created in the
   77  Department of Education the Office of Safe Schools. The office
   78  is fully accountable to the Commissioner of Education. The
   79  office shall serve as a central repository for best practices,
   80  training standards, and compliance oversight in all matters
   81  regarding school safety and security, including prevention
   82  efforts, intervention efforts, and emergency preparedness
   83  planning. The office shall:
   84         (11) Develop a statewide behavioral threat management
   85  operational process, a Florida-specific behavioral threat
   86  assessment instrument, and a threat management portal.
   87         (a)1. By December 1, 2023, The office shall develop a
   88  statewide behavioral threat management operational process to
   89  guide school districts, schools, charter school governing
   90  boards, and charter schools through the threat management
   91  process. The process must be designed to identify, assess,
   92  manage, and monitor potential and real threats to schools. This
   93  process must include, but is not limited to:
   94         a. The establishment and duties of threat management teams.
   95         b. Defining behavioral risks and threats.
   96         c. The use of the Florida-specific behavioral threat
   97  assessment instrument developed pursuant to paragraph (b) to
   98  evaluate the behavior of students who may pose a threat to the
   99  school, school staff, or other students and to coordinate
  100  intervention and services for such students.
  101         d. Upon the availability of the threat management portal
  102  developed pursuant to paragraph (c), the use, authorized user
  103  criteria, and access specifications of the portal.
  104         e. Procedures for the implementation of interventions,
  105  school support, and community services.
  106         f. Guidelines for appropriate law enforcement intervention.
  107         g. Procedures for risk management.
  108         h. Procedures for disciplinary actions.
  109         i. Mechanisms for continued monitoring of potential and
  110  real threats.
  111         j. Procedures for referrals to mental health services
  112  identified by the school district or charter school governing
  113  board pursuant to s. 1012.584(4). Referrals to mental health
  114  services originating from the behavioral threat process or
  115  assessment instrument shall be reported, in the aggregate, by
  116  the threat management coordinator, designated in s.
  117  1006.07(7)(j), to the Department of Children and Families for
  118  reporting and evaluation purposes pursuant to s. 394.4575.
  119         k. Procedures and requirements necessary for the creation
  120  of a threat assessment report, all corresponding documentation,
  121  and any other information required by the Florida-specific
  122  behavioral threat assessment instrument under paragraph (b).
  123         2. Upon availability, each school district, school, charter
  124  school governing board, and charter school must use the
  125  statewide behavioral threat management operational process.
  126         3. The office shall provide training to all school
  127  districts, schools, charter school governing boards, and charter
  128  schools on the statewide behavioral threat management
  129  operational process.
  130         4. The office shall coordinate the ongoing development,
  131  implementation, and operation of the statewide behavioral threat
  132  management operational process.
  133         Section 3. Section 1006.041, Florida Statutes, is amended
  134  to read:
  135         1006.041 Mental health assistance program.—Each school
  136  district must implement a school-based mental health assistance
  137  program that includes training classroom teachers and other
  138  school staff in detecting and responding to mental health issues
  139  and connecting children, youth, and families who may experience
  140  behavioral health issues with appropriate services. Each school
  141  district must provide information relating to student mental
  142  health programs, services, and treatments to the Department of
  143  Children and Families for reporting and evaluation purposes
  144  pursuant to s. 394.4575.
  145         (1) Each school district must develop, and submit to the
  146  district school board for approval, a detailed plan outlining
  147  the components and planned expenditures of the district’s mental
  148  health assistance program. The plan must include all district
  149  schools, including charter schools, unless a charter school
  150  elects to submit a plan independently from the school district.
  151  A charter school plan must comply with all of the provisions of
  152  this section and must be approved by the charter school’s
  153  governing body and provided to the charter school’s sponsor.
  154         (2) A plan required under subsection (1) must be focused on
  155  a multitiered system of supports to deliver evidence-based
  156  mental health care assessment, diagnosis, intervention,
  157  treatment, and recovery services to students with one or more
  158  mental health or co-occurring substance abuse diagnoses and to
  159  students at high risk of such diagnoses. The provision of these
  160  services must be coordinated with a student’s primary mental
  161  health care provider and with other mental health providers
  162  involved in the student’s care. At a minimum, the plan must
  163  include all of the following components:
  164         (a) Direct employment of school-based mental health
  165  services providers to expand and enhance school-based student
  166  services and to reduce the ratio of students to staff in order
  167  to better align with nationally recommended ratio models. The
  168  providers shall include, but are not limited to, certified
  169  school counselors, school psychologists, school social workers,
  170  and other licensed mental health professionals. The plan must
  171  also identify strategies to increase the amount of time that
  172  school-based student services personnel spend providing direct
  173  services to students, which may include the review and revision
  174  of district staffing resource allocations based on school or
  175  student mental health assistance needs.
  176         (b) Contracts or interagency agreements with one or more
  177  local community behavioral health providers, mobile response
  178  teams, or providers of Community Action Team services to provide
  179  a behavioral health staff presence and services to students at
  180  district schools. Services may include, but are not limited to,
  181  mental health screenings and assessments, individual counseling,
  182  family counseling, group counseling, psychiatric or
  183  psychological services, trauma-informed care, mobile crisis
  184  services, and behavior modification. These behavioral health
  185  services may be provided on or off the school campus and may be
  186  supplemented by telehealth as defined in s. 456.47(1).
  187         (c) Policies and procedures, including contracts with
  188  service providers, which will ensure that:
  189         1. Students referred to a school-based or community-based
  190  mental health service provider for mental health screening for
  191  the identification of mental health concerns and students at
  192  risk for mental health disorders are assessed within 15 days
  193  after referral. School-based mental health services must be
  194  initiated within 15 days after identification and assessment,
  195  and support by community-based mental health service providers
  196  for students who are referred for community-based mental health
  197  services must be initiated within 30 days after the school or
  198  district makes a referral.
  199         2. Parents of a student receiving services under this
  200  subsection are provided information about other behavioral
  201  health services available through the student’s school or local
  202  community-based behavioral health services providers. A school
  203  may meet this requirement by providing information about and
  204  Internet addresses for web-based directories or guides for local
  205  behavioral health services.
  206         3. Individuals living in a household with a student
  207  receiving services under this subsection are provided
  208  information about behavioral health services available through
  209  other delivery systems or payors for which such individuals may
  210  qualify, if such services appear to be needed or enhancements in
  211  such individuals’ behavioral health would contribute to the
  212  improved well-being of the student.
  213         (d) Strategies or programs to reduce the likelihood of at
  214  risk students developing social, emotional, or behavioral health
  215  problems; depression; anxiety disorders; suicidal tendencies; or
  216  substance use disorders.
  217         (e) Strategies to improve the early identification of
  218  social, emotional, or behavioral problems or substance use
  219  disorders; to improve the provision of early intervention
  220  services; and to assist students in dealing with trauma and
  221  violence.
  222         (f) Procedures to assist a mental health services provider
  223  or a behavioral health provider as described in paragraph (a) or
  224  paragraph (b), respectively, or a school resource officer or
  225  school safety officer who has completed mental health crisis
  226  intervention training in attempting to verbally de-escalate a
  227  student’s crisis situation before initiating an involuntary
  228  examination pursuant to s. 394.463. Such procedures must include
  229  strategies to de-escalate a crisis situation for a student with
  230  a developmental disability as defined in s. 393.063.
  231         (g) Policies of the school district which must require that
  232  in a student crisis situation, school or law enforcement
  233  personnel must make a reasonable attempt to contact a mental
  234  health professional as described in paragraph (a) or paragraph
  235  (b) who may initiate an involuntary examination pursuant to s.
  236  394.463, unless the child poses an imminent danger to themselves
  237  or others, before initiating an involuntary examination pursuant
  238  to s. 394.463. Such contact may be in person or through
  239  telehealth. The mental health professional may be available to
  240  the school district either by a contract or interagency
  241  agreement with the managing entity, one or more local community
  242  based behavioral health providers, or the local mobile response
  243  team, or be a direct or contracted school district employee.
  244         (3) Each school district shall submit its approved plan,
  245  including approved plans of each charter school in the district,
  246  to the Department of Children and Families Department of
  247  Education by August 1 of each fiscal year. The Department of
  248  Children and Families shall certify receipt of and compliance
  249  with all of the requirements of this subsection to the
  250  Department of Education by September 1 of each fiscal year.
  251         (4) Annually by September 30, each school district shall
  252  submit to the Department of Children and Families Department of
  253  Education a report on its program outcomes and expenditures for
  254  the previous fiscal year. The Department of Children and
  255  Families shall certify receipt of and compliance with all the
  256  requirements of this subsection to the Department of Education
  257  by October 1 of each fiscal year. that, At a minimum, the report
  258  must include the total number of each of the following:
  259         (a) Students who receive screenings or assessments.
  260         (b) Students who are referred to school-based or community
  261  based providers for services or assistance.
  262         (c) Students who receive school-based or community-based
  263  interventions, services, or assistance.
  264         (d) School-based and community-based mental health
  265  providers, including licensure type.
  266         (e) Contract-based or interagency agreement-based
  267  collaborative efforts or partnerships with community-based
  268  mental health programs, agencies, or providers.
  269         Section 4. Paragraph (b) of subsection (6) and paragraphs
  270  (b), (i), and (j) of subsection (7) of section 1006.07, Florida
  271  Statutes, are amended to read:
  272         1006.07 District school board duties relating to student
  273  discipline and school safety.—The district school board shall
  274  provide for the proper accounting for all students, for the
  275  attendance and control of students at school, and for proper
  276  attention to health, safety, and other matters relating to the
  277  welfare of students, including:
  278         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  279  school superintendent shall establish policies and procedures
  280  for the prevention of violence on school grounds, including the
  281  assessment of and intervention with individuals whose behavior
  282  poses a threat to the safety of the school community.
  283         (b) Mental health coordinator.—Each district school board
  284  shall identify a mental health coordinator for the district. The
  285  mental health coordinator shall serve as the district’s and the
  286  Department of Children and Families’ primary point of contact
  287  regarding the district’s coordination, communication, and
  288  implementation of student mental health policies, procedures,
  289  responsibilities, and reporting, including:
  290         1. Coordinating with the Department of Children and
  291  Families and the Office of Safe Schools, established pursuant to
  292  s. 1001.212.
  293         2. Maintaining records and reports regarding student mental
  294  health as it relates to the mental health assistance program
  295  under s. 1006.041 and school safety.
  296         3. Facilitating the implementation of school district
  297  policies relating to the respective duties and responsibilities
  298  of the school district, the superintendent, and district school
  299  principals.
  300         4.Coordinating with the Department of Children and
  301  Families to prepare evaluations on student mental health
  302  programs, services, and treatments provided pursuant to s.
  303  394.4575. The coordinator shall assist the Department of
  304  Children and Families in the evaluation of treatment outcomes
  305  and the development of a survey tool as described in s.
  306  394.4575(2).
  307         5.4. Coordinating with the school safety specialist on the
  308  staffing and training of threat management teams and
  309  facilitating referrals to mental health services, as
  310  appropriate, for students and their families.
  311         6.5. Coordinating with the school safety specialist on the
  312  training and resources for students and school district staff
  313  relating to youth mental health awareness and assistance.
  314         7.6. Reviewing annually the school district’s policies and
  315  procedures related to student mental health for compliance with
  316  state law and alignment with current best practices and making
  317  recommendations, as needed, for amending such policies and
  318  procedures to the superintendent and the district school board.
  319  Policies and procedures shall be provided to the Department of
  320  Children and Families annually.
  321         (7) THREAT MANAGEMENT TEAMS.—Each district school board and
  322  charter school governing board shall establish a threat
  323  management team at each school whose duties include the
  324  coordination of resources and assessment and intervention with
  325  students whose behavior may pose a threat to the safety of the
  326  school, school staff, or students.
  327         (b) A threat management team shall include persons
  328  certified under s. 1012.584(4) with expertise in counseling,
  329  instruction, school administration, and law enforcement. All
  330  members of the threat management team must be involved in the
  331  threat assessment and threat management process and final
  332  decisionmaking. At least one member of the threat management
  333  team must have personal familiarity with the individual who is
  334  the subject of the threat assessment. If no member of the threat
  335  management team has such familiarity, a member of the
  336  instructional personnel or administrative personnel, as those
  337  terms are defined in s. 1012.01(2) and (3), who is personally
  338  familiar with the individual who is the subject of the threat
  339  assessment must consult with the threat management team for the
  340  purpose of assessing the threat. The instructional or
  341  administrative personnel who provides such consultation may
  342  shall not participate in the decisionmaking process.
  343         (i) The threat management team shall prepare a threat
  344  assessment report required by the Florida-specific behavioral
  345  threat assessment instrument developed pursuant to s.
  346  1001.212(11). A threat assessment report, all corresponding
  347  documentation, and any other information required by the
  348  Florida-specific behavioral threat assessment instrument in the
  349  threat management portal is an education record. Information
  350  relating to treatment referrals and mental health assessments
  351  shall be provided to the Department of Children and Families for
  352  reporting and evaluation purposes pursuant to s. 394.4575.
  353         (j) Each district school board shall establish a threat
  354  management coordinator to serve as the primary point of contact
  355  regarding the district’s coordination, communication, and
  356  implementation of the threat management program and to report
  357  quantitative data to the Department of Children and Families and
  358  the Office of Safe Schools in accordance with guidance from the
  359  office.
  360         Section 5. Subsection (4) of section 1012.584, Florida
  361  Statutes, is amended to read:
  362         1012.584 Continuing education and inservice training for
  363  youth mental health awareness and assistance.—
  364         (4) Each school district shall notify all school personnel
  365  who have received training pursuant to this section of mental
  366  health services that are available to students from mental
  367  health services providers as described in s. 1006.041(2)(a) and
  368  (b) in the school district, and the individual to contact if a
  369  student needs services. The term “mental health services”
  370  includes, but is not limited to, community mental health
  371  services, health care providers, and services provided under ss.
  372  1006.04 and 1006.041.
  373         Section 6. This act shall take effect July 1, 2025.