S T A T E O F N E W Y O R K
________________________________________________________________________
7806--A
I N S E N A T E
February 27, 2018
___________
Introduced by Sens. CROCI, AKSHAR, AMEDORE, BONACIC, FUNKE, GOLDEN,
HELMING, JACOBS, LARKIN, MARCELLINO, MARCHIONE, PHILLIPS, RANZENHOFER,
ROBACH, SEWARD, VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law and the retirement and social security
law, in relation to creating a school mental health services program
coordinator
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 2801-d
to read as follows:
§ 2801-D. NEW YORK STATE SCHOOL MENTAL HEALTH SERVICES PROGRAM COORDI-
NATOR. 1. FOR PURPOSES OF THIS SECTION, THE TERM "SCHOOL MENTAL HEALTH
SERVICES PROGRAM COORDINATOR" SHALL MEAN A MENTAL HEALTH SERVICES
PROFESSIONAL, WITH QUALIFICATIONS DETERMINED BY REGULATION BY THE
COMMISSIONER, WHOSE ROLE AND RESPONSIBILITY SHALL BE TO WORK WITH
STUDENTS, FACULTY AND OTHER MENTAL HEALTH AND HEALTH CARE PROFESSIONALS
TO IDENTIFY, REPORT AND ADDRESS MENTAL HEALTH ISSUES OF STUDENTS, FACUL-
TY AND ADMINISTRATION AT ANY PUBLIC OR NON-PUBLIC SCHOOL THAT COULD POSE
A RISK TO PUBLIC SAFETY.
2. ANY PUBLIC OR NON-PUBLIC SCHOOL MAY EMPLOY A MENTAL HEALTH SERVICES
PROFESSIONAL, IN EITHER THE CLASSIFIED OR UNCLASSIFIED SERVICE, DETER-
MINED IN REGULATION BY THE COMMISSIONER TO BE QUALIFIED, AS A MENTAL
HEALTH SERVICES PROGRAM COORDINATOR. ANY SUCH PUBLIC OR NON-PUBLIC
SCHOOL MAY ALSO CONTRACT WITH THE STATE OF NEW YORK, A COUNTY, CITY,
TOWN OR VILLAGE, OR WITH A PRIVATE MENTAL HEALTH SERVICES PROVIDER, FOR
THE PROVISION OF A MENTAL HEALTH SERVICES PROFESSIONAL, DETERMINED IN
REGULATION BY THE COMMISSIONER TO BE QUALIFIED, TO SERVE AS A MENTAL
HEALTH SERVICES PROGRAM COORDINATOR.
3. THE COMMISSIONER SHALL, BY REGULATION, DETERMINE THE QUALIFICATIONS
FOR A MENTAL HEALTH SERVICES PROGRAM COORDINATOR. A SCHOOL DISTRICT
SHALL BE AUTHORIZED TO EMPLOY OR CONTRACT FOR AS MANY MENTAL HEALTH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14904-03-8
S. 7806--A 2
SERVICES PROGRAM COORDINATORS, AS SUCH DISTRICT DEEMS NECESSARY. THE
COMMISSIONER SHALL BY REGULATION, ESTABLISH THE MANDATORY REPORTS, THE
PERSONS OR ENTITIES WITH WHOM SUCH REPORTS SHALL BE FILED, AND THE
TREATMENT SERVICES THAT MAY BE OFFERED OR DIRECTED BY A MENTAL HEALTH
SERVICES PROGRAM COORDINATOR.
§ 2. Section 3641 of the education law is amended by adding a new
subdivision 18 to read as follows:
18. MENTAL HEALTH SERVICES PROGRAM COORDINATOR GRANTS. A. IN THE TWO
THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER,
WITHIN THE AMOUNT APPROPRIATED FOR SERVICES AND EXPENSES RELATED TO THE
EXPENSE OF SCHOOL MENTAL HEALTH SERVICES PROGRAM COORDINATORS, THE
COMMISSIONER SHALL PROVIDE GRANTS PURSUANT TO THIS SUBDIVISION TO: (1)
PUBLIC SCHOOL DISTRICTS, (2) CHARTER SCHOOLS, AND (3) NON-PUBLIC
SCHOOLS.
B. GRANTS UNDER THIS SUBDIVISION SHALL BE EQUAL TO THE GREATER OF
FIFTY THOUSAND DOLLARS OR THE PRODUCT OF (1) TWENTY THOUSAND DOLLARS,
AND (2) THE GREATER OF (A) THE TOTAL NUMBER OF INSTRUCTIONAL SCHOOL
BUILDINGS OWNED, LEASED OR IN USE FOR INSTRUCTIONAL PURPOSES BY SUCH
PUBLIC SCHOOL DISTRICT, CHARTER SCHOOL, OR NON-PUBLIC SCHOOL, OR (B) THE
QUOTIENT OF THE ENROLLMENT OF SUCH PUBLIC SCHOOL DISTRICT PURSUANT TO
PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
ARTICLE DIVIDED BY TWO HUNDRED AND FIFTY, AND (3) THE AID RATIO PURSUANT
TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE,
PROVIDED THAT FOR A CHARTER SCHOOL OR NON-PUBLIC SCHOOL, THE AID RATIO
SHALL BE THE AID RATIO FOR THE PUBLIC SCHOOL DISTRICT WHERE THE CHARTER
SCHOOL OR THE NON-PUBLIC SCHOOL IS LOCATED.
C. THE COMMISSIONER SHALL BE AUTHORIZED TO ADOPT REGULATIONS TO IMPLE-
MENT THE PROVISIONS OF THIS SUBDIVISION.
D. IN THE EVENT THE APPROPRIATION FOR PURPOSES OF THIS SUBDIVISION IN
ANY YEAR IS INSUFFICIENT TO PAY ALL CLAIMS RECEIVED PURSUANT TO THIS
SUBDIVISION, THE COMMISSIONER SHALL PAY SUCH CLAIMS ON A PRORATED BASIS
AMONG ALL DISTRICTS FILING SUCH CLAIMS UNTIL THE APPROPRIATION IS
EXHAUSTED.
§ 3. Paragraph (b) of subdivision 2 of section 211 of the retirement
and social security law is amended by adding a new subparagraph 3-a to
read as follows:
(3-A) THAT HIS OR HER EMPLOYMENT TITLE AND RESPECTIVE DUTIES WILL BE
RESTRICTED TO SCHOOL MENTAL HEALTH SERVICES PROGRAM COORDINATOR, AS SUCH
TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE-D OF THE EDUCATION
LAW;
§ 4. This act shall take effect immediately.