NY State Senate Bill 2023-S7325A

Senate Bill S7325A

2023-2024 Legislative Session

Requires the commissioner of education to develop model mental health screenings for students and associated guidelines to assist school mental health screeners to perform mental health screening services

download bill text pdf

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 22, 2024	print number 7325a
Apr 22, 2024	amend and recommit to education
Jan 03, 2024	referred to education
May 19, 2023	referred to education

Bill Amendments

Original

A (Active)

2023-S7325 - Details

See Assembly Version of this Bill:: A9750
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §912-c, Ed L

2023-S7325 - Summary

Requires the commissioner of education, in conjunction with the commissioner of health and the commissioner of mental health, to develop model mental health screenings for students and associated guidelines to assist school mental health screeners to perform mental health screening services to identify concerns in students' mental health.

2023-S7325 - Sponsor Memo

                                 
BILL NUMBER: S7325

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring the commis-
sioner to develop model mental health screenings for students and asso-
ciated guidelines to assist school mental health screeners to perform
mental health screening services

 
PURPOSE::

This bill will create guidelines and model mental health screenings, and
to make them available for the use of school districts to include mental
health screenings in students' required health examinations.

 
SUMMARY OF PROVISIONS::

This bill would add a new section 912-C to the education law to:

Direct the Commissioner of Education, the Commissioner of Health, and
the Commissioner of Mental Health to develop guidelines and model mental

health screenings, which would become available to school districts
across the state. Such guidelines would include, but not be limited to:
recommendations for the frequency of such screenings, instructions on
confidentiality compliance, appropriate level of training for each
mental health screening variation, information on reporting of results
to appropriate agencies, recommendations for incorporating screenings as
part of other health examinations, signs and symptoms, and resources for
students to access further mental health treatment if necessary.

Such model mental health screenings and associated guidelines, and any
other related materials, shall be made available on the department's
website and to appropriate school district officials upon request at no
charge.

 
JUSTIFICATION::c

In the wake of the COVID-19 pandemic and subsequent lockdowns, mental
health and wellbeing is an urgent and growing concern for New York.
Research has shown that this crisis is taking a dangerous toll, espe-
cially on our student population. The National Alliance on Mental
Illness reported in 2021 that 56.8% of New Yorkers aged 12-17 who had
depression that year did not receive any corresponding care. In order to
help students find proper and adequate care to support their mental
health, it is imperative to recognize and identify symptoms that they
may be experiencing as soon as possible.

In New York State, students are required to receive biennial health
examinations. However, there are no such requirements for mental health
examinations. Mental health, just like physical health, is a core aspect
of well-being and should not be overlooked. With the growing prevalence
of depression, anxiety, and other mental health afflictions among our
students, early intervention is critical.

Screenings that are specific for mental health can be extremely helpful
in informing the appropriate school officials if students are experienc-
ing symptoms of early or on-going mental illnesses, which have the
potential to affect their success and ability to thrive.  These screen-
ings can identify students who may need further diagnostic examinations
or connect them with appropriate resources.  This legislation would
promote early detection to help ensure countless students who are strug-
gling in silence with their mental health can access the resources or
treatment they need. By providing school districts with informative
resources and guidelines to perform mental health screenings, New York
can take a significant step forward in addressing the mental health
crisis among our youth.

 
LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS::

Minimal impact.

 
EFFECTIVE DATE::

This act shall take effect one year after it shall become a law.

2023-S7325 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7325
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 AN  ACT to amend the education law, in relation to requiring the commis-
   sioner to develop model mental  health  screenings  for  students  and
   associated  guidelines  to  assist  school  mental health screeners to
   perform mental health screening services
 
   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 912-c
 to read as follows:
   § 912-C. STUDENT MENTAL HEALTH SCREENING.  1.  FOR  PURPOSES  OF  THIS
 SECTION,  "SCHOOL  MENTAL  HEALTH SCREENER" SHALL MEAN A SCHOOL PSYCHOL-
 OGIST, SCHOOL SOCIAL WORKER, OR A HEALTH PROFESSIONAL OR OTHER  EMPLOYEE
 OF  A  SCHOOL  AS DEEMED APPROPRIATE BY THE COMMISSIONER, IN CONJUNCTION
 WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF  MENTAL  HEALTH,
 TO PERFORM A MENTAL HEALTH SCREENING PURSUANT TO THIS SECTION.
   2.  THE  COMMISSIONER,  IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH
 AND THE COMMISSIONER OF MENTAL HEALTH, SHALL DEVELOP MODEL MENTAL HEALTH
 SCREENINGS AND ASSOCIATED GUIDELINES  TO  ASSIST  SCHOOL  MENTAL  HEALTH
 SCREENERS  TO  PERFORM  MENTAL  HEALTH  SCREENING  SERVICES  TO IDENTIFY
 CURRENT OR EMERGING CONCERNS IN STUDENTS' MENTAL HEALTH. THE  GUIDELINES
 SHALL  INCLUDE VARYING MENTAL HEALTH SCREENING MODELS THAT CORRESPOND TO
 THE DIFFERING LEVELS OF TRAINED OR LICENSED HEALTH PROFESSIONALS  AVAIL-
 ABLE IN SCHOOL DISTRICTS ACROSS THE STATE.
   3. MODEL MENTAL HEALTH SCREENINGS SHALL BE DESIGNED TO SCREEN INDIVID-
 UALS  FOR  DEPRESSION,  ANXIETY, BIPOLAR DISORDER, POST-TRAUMATIC STRESS
 DISORDER (PTSD), EARLY  PSYCHOSIS,  OR  POTENTIAL  ADDICTION  DISORDERS.
 MODELS  MAY DIFFER IN THEIR ABILITY TO DETECT EACH LISTED MENTAL ILLNESS
 IN CORRESPONDENCE WITH THE COMMISSIONERS' RECOMMENDATIONS REGARDING  THE
 APPROPRIATE LEVELS OF TRAINING OR LICENSED PROFESSIONALS REQUIRED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11568-01-3

 S. 7325                             2
 
   4. THE GUIDELINES SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   A. RECOMMENDATIONS FOR THE FREQUENCY OF SUCH MENTAL HEALTH SCREENINGS;
   B.  INSTRUCTION  FOR THE CONFIDENTIAL MAINTENANCE OF HEALTH RECORDS IN
 COMPLIANCE WITH THE APPROPRIATE FEDERAL AND STATE  LAWS,  INCLUDING  THE
 FAMILY  EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) AND THE HEALTH INSUR-
 ANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA);
   C. THE APPROPRIATE LEVEL OF  TRAINING  OR  LICENSED  PROFESSIONALS  TO
 PERFORM EACH MODEL MENTAL HEALTH SCREENING VARIATION;
   D. INFORMATION REGARDING HOW TO REPORT SCREENING RESULTS TO THE APPRO-
 PRIATE AGENCIES;
   E.  RECOMMENDATIONS  FOR  INCORPORATING  SUCH MENTAL HEALTH SCREENINGS
 INTO HEALTH EXAMINATIONS PERFORMED BY OTHER HEALTH PROFESSIONALS;
   F. SIGNS AND SYMPTOMS OF MENTAL  ILLNESSES  THAT  ARE  MOST  PREVALENT
 AMONG THE STUDENT POPULATION IN NEW YORK; AND
   G.  RESOURCES  TO  PROVIDE  TO  THOSE  STUDENTS WHO MAY NEED ACCESS TO
 FURTHER MENTAL HEALTH TREATMENT AT THE CONCLUSION  OF  A  SCREENING,  AS
 DECIDED BY THE HEALTH OFFICIAL ADMINISTERING SUCH SCREENING.
   5.  THE COMMISSIONER SHALL MAKE THE MODEL MENTAL HEALTH SCREENINGS AND
 ASSOCIATED GUIDELINES, AND ANY OTHER  MATERIALS  DEVELOPED  PURSUANT  TO
 THIS  SECTION AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE AND TO
 APPROPRIATE SCHOOL DISTRICT OFFICIALS UPON REQUEST AT NO CHARGE.
   § 2. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.

co-Sponsors

2023-S7325A (ACTIVE) - Details

See Assembly Version of this Bill:: A9750
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §912-c, Ed L

2023-S7325A (ACTIVE) - Summary

2023-S7325A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7325A

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring the commis-
sioner to develop model mental health screenings for students and asso-
ciated guidelines to assist school mental health screeners to perform
mental health screening services

 
PURPOSE:

This bill will create guidelines and model mental health screenings, and
to make them available for the use of school districts to incorporate
mental health screenings in students' required health examinations at
the school's discretion.

 
SUMMARY OF PROVISIONS:

This bill would add a new section 912-C to the education law to:

Direct the Commissioner of Education, the Commissioner of Health, and

the Commissioner of Mental Health to develop guidelines and model mental
health screenings, which would become available to school districts
across. Such guidelines would include, but not be limited to: recommen-
dations for the frequency of such screenings, instructions on confiden-
tiality compliance, appropriate level of training for each mental health
screening variation, information on reporting of results to appropriate
agencies, recommendations for incorporating screenings as part of other
health examinations, signs and symptoms, and resources for students to
access further mental health treatment if necessary.

Such model mental health screenings and associated guidelines, and any
other related materials, shall be made available on the department's
website and to appropriate school district officials upon request at no
charge. Provides that use of such model mental health screening shall be
optional, and that these provisions shall not require schools to perform
a mental health screening.

 
JUSTIFICATION:c

In the wake of the COVID-19 pandemic and subsequent lockdowns, mental
health and well-being is an urgent and growing concern for New York.
Research has shown that this crisis is taking a dangerous toll, espe-
cially on our student population. The National Alliance on Mental
Illness reported in 2021 that 56.8% of New Yorkers aged 12-17 who had
depression that year did not receive any corresponding care. In order to
help students find proper and adequate care to support their mental
health, it is imperative to recognize and identify symptoms that they
may be experiencing as soon as possible.

In New York State, students are required to receive biennial health
examinations. However, there are no such requirements for mental health
examinations. Mental health, just like physical health, is a core aspect
of well-being and should not be overlooked. With the growing prevalence
of depression, anxiety, and other mental health afflictions among our
students, early intervention is critical.


Screenings that are specific for mental health can be extremely helpful
in informing the appropriate school officials if students are experienc-
ing symptoms of early or on-going mental illnesses, which have the
potential to affect their success and ability to thrive.  These screen-
ings can identify students who may need further diagnostic examinations
or connect them with appropriate resources.  This legislation would
promote early detection to help ensure countless students who are strug-
gling in silence with their mental health can access the resources or
treatment they need. By providing school districts with informative
resources and guidelines to perform mental health screenings, if the
school so chooses, New York can take a significant step forward in
addressing the mental health crisis among our youth.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal impact.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall become a law.

2023-S7325A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7325--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion  --  recommitted to the Committee on Education in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT to amend the education law, in relation to requiring the commis-
   sioner to develop model mental  health  screenings  for  students  and
   associated  guidelines  to  assist  school  mental health screeners to
   perform mental health screening services
 
   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 912-c
 to read as follows:
   § 912-C. STUDENT MENTAL HEALTH SCREENING.  1.  FOR  PURPOSES  OF  THIS
 SECTION,  "SCHOOL  MENTAL  HEALTH SCREENER" SHALL MEAN A SCHOOL PSYCHOL-
 OGIST, SCHOOL SOCIAL WORKER, OR A HEALTH PROFESSIONAL OR OTHER  EMPLOYEE
 OF  A  SCHOOL  AS DEEMED APPROPRIATE BY THE COMMISSIONER, IN CONJUNCTION
 WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF  MENTAL  HEALTH,
 TO PERFORM A MENTAL HEALTH SCREENING PURSUANT TO THIS SECTION.
   2.  THE  COMMISSIONER,  IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH
 AND THE COMMISSIONER OF MENTAL HEALTH, SHALL DEVELOP MODEL MENTAL HEALTH
 SCREENINGS AND ASSOCIATED GUIDELINES  TO  ASSIST  SCHOOL  MENTAL  HEALTH
 SCREENERS  TO  PERFORM  MENTAL  HEALTH  SCREENING  SERVICES  TO IDENTIFY
 CURRENT OR EMERGING CONCERNS IN STUDENTS' MENTAL HEALTH. THE  GUIDELINES
 SHALL  INCLUDE VARYING MENTAL HEALTH SCREENING MODELS THAT CORRESPOND TO
 THE DIFFERING LEVELS OF TRAINED OR LICENSED HEALTH PROFESSIONALS  AVAIL-
 ABLE IN SCHOOL DISTRICTS ACROSS THE STATE.
   3. MODEL MENTAL HEALTH SCREENINGS SHALL BE DESIGNED TO SCREEN INDIVID-
 UALS  FOR  DEPRESSION,  ANXIETY, BIPOLAR DISORDER, POST-TRAUMATIC STRESS
 DISORDER (PTSD), EARLY  PSYCHOSIS,  OR  POTENTIAL  ADDICTION  DISORDERS.
 MODELS  MAY DIFFER IN THEIR ABILITY TO DETECT EACH LISTED MENTAL ILLNESS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11568-02-4

 S. 7325--A                          2
 
 IN CORRESPONDENCE WITH THE COMMISSIONERS' RECOMMENDATIONS REGARDING  THE
 APPROPRIATE LEVELS OF TRAINING OR LICENSED PROFESSIONALS REQUIRED.
   4. THE GUIDELINES SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   A. RECOMMENDATIONS FOR THE FREQUENCY OF SUCH MENTAL HEALTH SCREENINGS;
   B.  INSTRUCTION  FOR THE CONFIDENTIAL MAINTENANCE OF HEALTH RECORDS IN
 COMPLIANCE WITH THE APPROPRIATE FEDERAL AND STATE  LAWS,  INCLUDING  THE
 FAMILY  EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) AND THE HEALTH INSUR-
 ANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA);
   C. THE APPROPRIATE LEVEL OF  TRAINING  OR  LICENSED  PROFESSIONALS  TO
 PERFORM EACH MODEL MENTAL HEALTH SCREENING VARIATION;
   D. INFORMATION REGARDING HOW TO REPORT SCREENING RESULTS TO THE APPRO-
 PRIATE AGENCIES;
   E.  RECOMMENDATIONS  FOR  INCORPORATING  SUCH MENTAL HEALTH SCREENINGS
 INTO HEALTH EXAMINATIONS PERFORMED BY OTHER HEALTH PROFESSIONALS;
   F. SIGNS AND SYMPTOMS OF MENTAL  ILLNESSES  THAT  ARE  MOST  PREVALENT
 AMONG THE STUDENT POPULATION IN NEW YORK; AND
   G.  RESOURCES  TO  PROVIDE  TO  THOSE  STUDENTS WHO MAY NEED ACCESS TO
 FURTHER MENTAL HEALTH TREATMENT AT THE CONCLUSION  OF  A  SCREENING,  AS
 DECIDED BY THE HEALTH OFFICIAL ADMINISTERING SUCH SCREENING.
   5.  THE COMMISSIONER SHALL MAKE THE MODEL MENTAL HEALTH SCREENINGS AND
 ASSOCIATED GUIDELINES, AND ANY OTHER  MATERIALS  DEVELOPED  PURSUANT  TO
 THIS  SECTION AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE AND TO
 APPROPRIATE SCHOOL DISTRICT OFFICIALS UPON REQUEST AT NO CHARGE.   NOTH-
 ING  IN  THIS  SECTION  SHALL  BE  CONSTRUED AS TO REQUIRE ANY SCHOOL OR
 SCHOOL DISTRICT TO USE ANY SUCH MODEL MENTAL HEALTH SCREENINGS OR GUIDE-
 LINES DEVELOPED PURSUANT TO THIS SECTION,  NOR  SHALL  THIS  SECTION  BE
 CONSTRUED  AS TO REQUIRE ANY SCHOOL OR SCHOOL DISTRICT TO PERFORM MENTAL
 HEALTH SCREENINGS.
   § 2. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.

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