S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8906
 
                             I N  S E N A T E
 
                              March 26, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to establishing a student
   mental health apprenticeship retention and training (SMART) internship
   grant program
 
   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 319 to
 read as follows:
   § 319. STUDENT MENTAL HEALTH  APPRENTICESHIP  RETENTION  AND  TRAINING
 (SMART)  INTERNSHIP  GRANT  PROGRAM.  1.  AS  USED  IN THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DEBT OR EXPENSES REPAYMENT" MEANS DEBT OR EXPENSES CONNECTED TO A
 RECIPIENT'S STUDENT LOANS.
   (B) "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION.
   (C) "DESIGNATED RECIPIENT" MEANS AN INDIVIDUAL WHO IS ENROLLED IN, AND
 IN GOOD STANDING AT, AS DETERMINED  BY  THE  PROGRAM,  A  GRADUATE-LEVEL
 MENTAL HEALTH PROFESSIONAL PROGRAM MAINTAINED BY AN INSTITUTION OF HIGH-
 ER  EDUCATION  LOCATED  IN  THIS STATE OR OUT-OF-STATE, WHICH INCLUDES A
 DEPARTMENT-APPROVED SCHOOL COUNSELOR EDUCATION  OR  PREPARATION  PROGRAM
 MAINTAINED  BY  AN INSTITUTION OF HIGHER EDUCATION LOCATED IN THIS STATE
 OR OUT-OF-STATE, SCHOOL SOCIAL WORKER EDUCATION OR  PREPARATION  PROGRAM
 MAINTAINED  BY  AN INSTITUTION OF HIGHER EDUCATION LOCATED IN THIS STATE
 OR OUT-OF-STATE, OR SCHOOL PSYCHOLOGY EDUCATION OR  PREPARATION  PROGRAM
 MAINTAINED  BY  AN INSTITUTION OF HIGHER EDUCATION LOCATED IN THIS STATE
 OR OUT-OF-STATE THAT OFFERS DESIGNATIONS, A FOCUS,  OR  SPECIAL  CERTIF-
 ICATIONS  IN  THE PROVISION OF SCHOOL MENTAL HEALTH SERVICES, AND WHO IS
 WORKING TOWARD OBTAINING ANY OF THE FOLLOWING:
   (I) A LICENSE TO PRACTICE SOCIAL WORK PURSUANT TO ARTICLE ONE  HUNDRED
 FIFTY-FOUR OF THIS CHAPTER;
   (II)  A  SCHOOL COUNSELING ENDORSEMENT ISSUED BY THE DEPARTMENT ON HIS
 OR HER TEACHING CERTIFICATE;
   (III) A SCHOOL PSYCHOLOGIST; OR
   (IV) A SCHOOL SOCIAL WORKER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14121-01-4
 S. 8906                             2
 
   (D) "EXTENUATING CIRCUMSTANCE" MEANS A CIRCUMSTANCE DETERMINED BY  THE
 DEPARTMENT  IN  CONSULTATION  WITH  THE DESIGNATED RECIPIENT TO WHOM THE
 CIRCUMSTANCE APPLIES OR WHO IS IMPACTED BY THE CIRCUMSTANCE.
   (E)  "FIELD  SUPERVISOR", "FIELD INSTRUCTOR", OR "SUPERVISOR" MEANS AN
 INDIVIDUAL WHO SUPERVISES AN ELIGIBLE DESIGNATED RECIPIENT AND  TO  WHOM
 THE FOLLOWING APPLY, AS APPLICABLE:
   (I)  FOR AN INDIVIDUAL WHO IS SUPERVISING, AS DESCRIBED IN THIS SUBDI-
 VISION, A DESIGNATED RECIPIENT WHO IS WORKING TOWARD OBTAINING A PRELIM-
 INARY SCHOOL PSYCHOLOGIST CERTIFICATE, OR A SCHOOL PSYCHOLOGIST  CERTIF-
 ICATE,   THE   INDIVIDUAL   PROVIDING  SUPERVISION  MAINTAINS  A  SCHOOL
 PSYCHOLOGIST CERTIFICATE DURING THE SUPERVISION.
   (II) FOR AN INDIVIDUAL WHO IS SUPERVISING, AS DESCRIBED IN THIS SUBDI-
 VISION, A DESIGNATED RECIPIENT WHO IS WORKING TOWARD OBTAINING TEMPORARY
 OR FULL SCHOOL SOCIAL WORKER APPROVAL, THE INDIVIDUAL  PROVIDING  SUPER-
 VISION  MAINTAINS  FULL  SCHOOL SOCIAL WORKER APPROVAL DURING THE SUPER-
 VISION.
   (III) FOR AN INDIVIDUAL WHO IS SUPERVISING A DESIGNATED RECIPIENT  WHO
 IS  WORKING  TOWARD  OBTAINING A SCHOOL COUNSELOR LICENSE, A PRELIMINARY
 SCHOOL COUNSELOR CREDENTIAL, OR A SCHOOL COUNSELOR ENDORSEMENT ISSUED BY
 THE DEPARTMENT ON  HIS  OR  HER  TEACHING  CERTIFICATE,  THE  INDIVIDUAL
 PROVIDING  SUPERVISION  MAINTAINS A SCHOOL COUNSELOR, MAINTAINS A SCHOOL
 COUNSELOR ENDORSEMENT ON HIS OR HER TEACHING CERTIFICATE, OR IS A SCHOOL
 COUNSELOR EDUCATOR IN A DEPARTMENT-APPROVED SCHOOL COUNSELOR PREPARATION
 PROGRAM DURING THE SUPERVISION.
   (F) "SCHOOL FISCAL YEAR" MEANS A FISCAL YEAR THAT COMMENCES JULY FIRST
 AND CONTINUES THROUGH JUNE THIRTIETH.
   (G) "THE GRANT PROGRAM" MEANS THE STUDENT MENTAL HEALTH APPRENTICESHIP
 RETENTION AND TRAINING  (SMART)  INTERNSHIP  GRANT  PROGRAM  CREATED  IN
 SUBDIVISION TWO OF THIS SECTION.
   2.  (A)  THE  DEPARTMENT  SHALL CREATE AND ADMINISTER A STUDENT MENTAL
 HEALTH APPRENTICESHIP RETENTION AND TRAINING  (SMART)  INTERNSHIP  GRANT
 PROGRAM TO PROVIDE GRANTS TO DESIGNATED RECIPIENTS AND TO PROVIDE GRANTS
 TO FIELD SUPERVISORS, FIELD INSTRUCTORS, AND SUPERVISORS AS DESCRIBED IN
 THIS SECTION. IT IS THE INTENT OF THE LEGISLATURE THAT THE GRANT PROGRAM
 LEAD TO, AT A MINIMUM, BOTH OF THE FOLLOWING:
   (I)  THE  PROVISION  OF  PAID  AND EDUCATIONALLY MEANINGFUL INTERNSHIP
 PRACTICUM IN SCHOOL SETTINGS FOR DESIGNATED RECIPIENTS; AND
   (II) THE UTILIZATION OF FUNDING OBTAINED BY A PUBLIC  SCHOOL  TO  HIRE
 DESIGNATED RECIPIENTS WHO OBTAINED A GRANT UNDER THIS SECTION.
   (B)  THE  DEPARTMENT  SHALL ADMINISTER GRANT FUNDING THROUGH THE GRANT
 PROGRAM TO DESIGNATED  RECIPIENTS  THROUGH  AGREEMENTS.  THE  AGREEMENTS
 DESCRIBED IN THIS SUBDIVISION SHALL MEET THE FOLLOWING CRITERIA:
   (I) THE DEPARTMENT SHALL ADMINISTER GRANT FUNDING AS DESCRIBED IN THIS
 SUBDIVISION IN AN AMOUNT PER ELIGIBLE DESIGNATED RECIPIENT THAT IS EQUAL
 TO TWENTY-FIVE DOLLARS PER HOUR FOR EACH HOUR SPENT IN AN INTERN CAPACI-
 TY  FOR  UP TO TWENTY HOURS PER WEEK OF AN INTERNSHIP IN A PUBLIC SCHOOL
 THAT OCCURS OVER A THIRTY-WEEK PERIOD IN A SCHOOL YEAR  OR  A  LUMP  SUM
 AMOUNT EQUAL TO FIFTEEN THOUSAND DOLLARS FOR UP TO TWENTY HOURS PER WEEK
 OF AN INTERNSHIP IN A PUBLIC SCHOOL THAT OCCURS OVER A THIRTY-WEEK PERI-
 OD  IN  A SCHOOL YEAR. THE LUMP SUM AMOUNT DESCRIBED IN THIS SUBDIVISION
 MUST BE PAID AT THE END OF THE  THIRTY-WEEK  PERIOD  DESCRIBED  IN  THIS
 SUBDIVISION.   AS USED IN THIS SUBDIVISION, "ELIGIBLE DESIGNATED RECIPI-
 ENT" MEANS A DESIGNATED RECIPIENT TO WHOM BOTH OF THE FOLLOWING APPLY:
   (A) EITHER OF THE FOLLOWING:
   (1) THE INDIVIDUAL IS  ENROLLED  IN  A  GRADUATE-LEVEL  MENTAL  HEALTH
 PROFESSIONAL  PROGRAM  DESCRIBED  IN PARAGRAPH (C) OF SUBDIVISION ONE OF
 S. 8906                             3
 
 THIS SECTION WHO IS IN THE FIRST YEAR OF AN INTERNSHIP  PERIOD  REQUIRED
 BY  THE PROGRAM AND WHO IS SERVING AS A SUBSTITUTE TEACHER OR IN A PARA-
 PROFESSIONAL ROLE IN A PUBLIC SCHOOL AS DESCRIBED IN THIS SUBDIVISION OR
 WHO  IS  IN  A  SUPERVISED  ROLE IN A PUBLIC SCHOOL AS DESCRIBED IN THIS
 SUBDIVISION  AND  FOLLOWING  BEST-PRACTICE  TRAINING   AND   SUPERVISION
 REQUIREMENTS  AS INDICATED BY NATIONAL STANDARDS SET FORTH BY THE APPRO-
 PRIATE NATIONAL PROFESSIONAL ORGANIZATIONS.  AS  USED  IN  THIS  CLAUSE,
 "SUPERVISED  ROLE" MEANS A ROLE IN WHICH THE INDIVIDUAL IS SUPERVISED BY
 A FIELD SUPERVISOR, FIELD INSTRUCTOR, OR SUPERVISOR WHILE HE OR  SHE  IS
 SERVING IN THE ROLE; OR
   (2)  THE  INDIVIDUAL  IS  ENROLLED  IN  A GRADUATE-LEVEL MENTAL HEALTH
 PROFESSIONAL PROGRAM DESCRIBED IN PARAGRAPH (C) OF  SUBDIVISION  ONE  OF
 THIS  SECTION WHO IS IN THE SECOND YEAR OF AN INTERNSHIP PERIOD REQUIRED
 BY THE PROGRAM AND WHO IS IN A SUPERVISED ROLE IN  A  PUBLIC  SCHOOL  AS
 DESCRIBED  IN  THIS SUBDIVISION AND FOLLOWING BEST-PRACTICE TRAINING AND
 SUPERVISION REQUIREMENTS AS INDICATED BY NATIONAL STANDARDS SET FORTH BY
 THE APPROPRIATE NATIONAL PROFESSIONAL ORGANIZATIONS.  AS  USED  IN  THIS
 CLAUSE, "SUPERVISED ROLE" MEANS A ROLE IN WHICH THE INDIVIDUAL IS SUPER-
 VISED BY A FIELD SUPERVISOR, FIELD INSTRUCTOR, OR SUPERVISOR WHILE HE OR
 SHE IS SERVING IN THE ROLE.
   (B)  AT LEAST ONE OF THE FOLLOWING APPLIES TO THE INDIVIDUAL'S WORK AS
 DESCRIBED UNDER THIS SUBDIVISION:
   (1) THE INDIVIDUAL IS INTERNING IN A DISCIPLINE THAT HAS  BEEN  DESIG-
 NATED  AS  CRITICAL SHORTAGE BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION
 FOR THE IMMEDIATELY PRECEDING SCHOOL FISCAL YEAR;
   (2) THE INDIVIDUAL IS INTERNING IN A PUBLIC SCHOOL IN WHICH  NOT  LESS
 THAN  FIFTY PERCENT OF PUPILS ENROLLED ARE ELIGIBLE FOR FREE OR REDUCED-
 PRICE MEALS; OR
   (3) THE INDIVIDUAL IS INTERNING IN A PUBLIC SCHOOL THAT RECEIVED FUND-
 ING IN THE IMMEDIATELY PRECEDING SCHOOL FISCAL YEAR.
   (C) INCLUDE A REQUIREMENT THAT THE DESIGNATED RECIPIENT  WHO  RECEIVES
 FUNDING  THROUGH THE GRANT PROGRAM SHALL WORK AT A PUBLIC SCHOOL FOR NOT
 LESS THAN THREE SCHOOL YEARS AS OF THE DATE OF THE AGREEMENT.
   (D) A PAYMENT OR PAYMENTS OF FUNDING THROUGH THE GRANT PROGRAM MUST BE
 MADE AS FOLLOWS TO  DESIGNATED  RECIPIENTS,  PURSUANT  TO  AN  AGREEMENT
 BETWEEN  THE  DESIGNATED RECIPIENT, THE PUBLIC SCHOOL IN WHICH HE OR SHE
 IS INTERNING AS DESCRIBED IN THIS  SUBDIVISION  AND  THE  GRADUATE-LEVEL
 MENTAL  HEALTH PROFESSIONAL PROGRAM DESCRIBED IN PARAGRAPH (C) OF SUBDI-
 VISION ONE OF THIS SECTION THAT HE OR SHE IS ENROLLED:
   (I) ON THE SAME PAY PERIOD OR SCHEDULE OFFERED  TO  OTHER  EDUCATIONAL
 PROFESSIONALS  AT THE PUBLIC SCHOOL IN WHICH THE DESIGNATED RECIPIENT IS
 SERVING FOR PURPOSES OF QUALIFYING FOR FUNDING UNDER THIS SECTION; OR
   (II) THROUGH ONE LUMP-SUM PAYMENT ON THE DATE ON WHICH THE  DESIGNATED
 RECIPIENT'S  SERVICE  FOR  PURPOSES OF QUALIFYING FOR FUNDING UNDER THIS
 SECTION ENDS.
   (E) BOTH OF THE FOLLOWING APPLY TO FUNDING DISTRIBUTIONS AS  DESCRIBED
 IN THIS SUBDIVISION, AS APPLICABLE:
   (I)  FOR RECIPIENTS OF THE FUNDING WHO RECEIVE TWENTY-FIVE DOLLARS PER
 HOUR AS DESCRIBED IN THIS SUBDIVISION:
   (A) IF THE RECIPIENT PERMANENTLY CEASES TO SATISFY  THE  QUALIFICATION
 REQUIREMENTS  THAT  INITIALLY  MADE  THE  RECIPIENT ELIGIBLE FOR FUNDING
 UNDER THIS SECTION EITHER BY HIS OR HER OWN INITIATIVE, BY INITIATIVE OF
 THE PUBLIC SCHOOL IN WHICH HE OR SHE WAS INTERNING, OR BY INITIATIVE  OF
 THE GRADUATE-LEVEL MENTAL HEALTH PROFESSIONAL PROGRAM DESCRIBED IN PARA-
 GRAPH  (C)  OF SUBDIVISION ONE OF THIS SECTION, PAYMENTS MUST STOP AS OF
 THE DATE ON WHICH THIS OCCURS; AND
 S. 8906                             4
 
   (B) IF THE RECIPIENT TEMPORARILY CEASES TO SATISFY  THE  QUALIFICATION
 REQUIREMENTS  THAT  INITIALLY  MADE  THE  RECIPIENT ELIGIBLE FOR FUNDING
 UNDER THIS ACT BECAUSE HE OR SHE IS  RELOCATING  TO  INTERN  IN  ANOTHER
 PUBLIC  SCHOOL  OR  DUE TO A LEAVE OF ABSENCE, PAYMENTS MUST STOP DURING
 THE  PERIOD WHICH THE INDIVIDUAL DOES NOT MEET THE REQUIREMENTS, BUT MAY
 BE CONTINUED WHEN THE INDIVIDUAL AGAIN MEETS THE QUALIFICATION  REQUIRE-
 MENTS,  BUT  MUST NOT BE CONTINUED BEYOND THIRTY WEEKS FROM THE DATE THE
 INDIVIDUAL INITIALLY STARTED HIS OR HER INTERNSHIP AT THE PUBLIC  SCHOOL
 UNDER THIS SUBDIVISION.
   (II) FOR RECIPIENTS OF THE FUNDING WHO RECEIVE THE LUMP SUM OF FIFTEEN
 THOUSAND DOLLARS AS DESCRIBED IN THIS SECTION:
   (A)  IF  THE RECIPIENT PERMANENTLY CEASES TO SATISFY THE QUALIFICATION
 REQUIREMENTS THAT INITIALLY MADE  THE  RECIPIENT  ELIGIBLE  FOR  FUNDING
 UNDER THIS SECTION EITHER BY HIS OR HER OWN INITIATIVE, BY INITIATIVE OF
 THE  PUBLIC SCHOOL IN WHICH HE OR SHE WAS INTERNING, OR BY INITIATIVE OF
 THE GRADUATE-LEVEL MENTAL HEALTH PROFESSIONAL PROGRAM DESCRIBED IN PARA-
 GRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, THE RECIPIENT MAY  RECEIVE
 A  PRO RATA AMOUNT OF THE LUMP SUM THAT REFLECTS THE NUMBER OF HOURS THE
 INDIVIDUAL INTERNED AT THE PUBLIC SCHOOL WHILE MEETING THE QUALIFICATION
 REQUIREMENTS FOR FUNDING UNDER THIS SECTION; OR
   (B) IF THE RECIPIENT TEMPORARILY CEASES TO SATISFY  THE  QUALIFICATION
 REQUIREMENTS  THAT  INITIALLY  MADE  THE  RECIPIENT ELIGIBLE FOR FUNDING
 UNDER THIS SECTION BECAUSE HE OR SHE IS RELOCATING TO INTERN IN  ANOTHER
 PUBLIC  SCHOOL  OR  DUE  TO  A LEAVE OF ABSENCE, THE INDIVIDUAL IS STILL
 ELIGIBLE TO RECEIVE THE FULL AMOUNT  OF  THE  LUMP  SUM  IF  HE  OR  SHE
 COMPLETES  ALL  OF THE QUALIFICATION REQUIREMENTS FOR FUNDING UNDER THIS
 SECTION.
   3. THE DEPARTMENT MAY, FOR EXTENUATING CIRCUMSTANCES, MAKE A  DEBT  OR
 EXPENSE  REPAYMENT  TO A DESIGNATED RECIPIENT BEFORE OR DURING EACH YEAR
 OF SERVICE THAT THE DESIGNATED RECIPIENT SHALL COMPLETE OR IS COMPLETING
 FOR PURPOSES OF QUALIFYING FOR FUNDING UNDER THIS SECTION.
   4. EACH STATE UNIVERSITY THAT DESIGNATED RECIPIENTS  ARE  ENROLLED  IN
 FOR  THE  GRADUATE-LEVEL MENTAL HEALTH PROFESSIONAL PROGRAM DESCRIBED IN
 PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION MAY CONTINUE IMPLEMENT-
 ING ANY EXISTING EVALUATION PROCESSES REQUIRED AS PART  OF  ANY  CERTIF-
 ICATION,  LICENSING, OR APPROVAL REQUIREMENTS ASSOCIATED WITH SERVING AS
 A SCHOOL MENTAL HEALTH PROFESSIONAL. FOR PURPOSES OF THIS  SECTION,  THE
 RESULTS  FROM AN EVALUATION DESCRIBED IN THIS SUBDIVISION MAY BE USED AS
 A REASON FOR THE INDIVIDUAL'S DISQUALIFICATION FOR GRANT  FUNDING  UNDER
 THIS SECTION.
   5.  A  DESIGNATED RECIPIENT THAT RECEIVES A GRANT UNDER THIS ACT SHALL
 SUBMIT ANY EVALUATIONS HE OR SHE RECEIVES AS  DESCRIBED  IN  SUBDIVISION
 FOUR OF THIS SECTION AND ANY EVALUATIONS RECEIVED FROM THE PUBLIC SCHOOL
 IN  WHICH  HE  OR  SHE  IS  INTERNING. UPON RECEIVING AN EVALUATION, THE
 DEPARTMENT SHALL DETERMINE WHETHER THE  DESIGNATED  RECIPIENT  IS  STILL
 ELIGIBLE  TO  RECEIVE  GRANT  FUNDING  UNDER THIS SECTION OR WHETHER THE
 RECIPIENT IS SUBJECT TO SUBDIVISION FOUR OF THIS SECTION AND SHALL NOTI-
 FY THE RECIPIENT OF ITS DETERMINATION.
   6. THE DEPARTMENT SHALL ADMINISTER GRANT  FUNDING  THROUGH  THE  GRANT
 PROGRAM TO FIELD SUPERVISORS, FIELD INSTRUCTORS, OR SUPERVISORS. A GRANT
 TO  A  FIELD  SUPERVISOR,  FIELD  INSTRUCTOR,  OR  SUPERVISOR UNDER THIS
 SUBSECTION MUST NOT EXCEED TWO HUNDRED FIFTY DOLLARS FOR EACH DESIGNATED
 RECIPIENT THAT HE OR SHE SUPERVISES.
   7. A DESIGNATED RECIPIENT WHO RECEIVES A GRANT UNDER THIS ACT  IS  NOT
 PROHIBITED  FROM  APPLYING FOR ANOTHER GRANT UNDER THIS ACT IF HE OR SHE
 MEETS THE QUALIFICATIONS FOR GRANT FUNDING UNDER THIS SECTION.
 S. 8906                             5
 
   § 2. Beginning one year after the effective  date  of  this  act,  the
 department  of  education  shall  report  to the governor, the temporary
 president of the senate and the speaker of the assembly, the status  and
 outcomes  of  the  student  mental  health  apprenticeship retention and
 training (SMART) internship grant program.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which 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.