Florida Senate - 2021 SB 850



By Senator Powell





30-01081-21 2021850__
1 A bill to be entitled
2 An act relating to the mental health assistance
3 allocation; amending s. 1011.62, F.S.; revising the
4 elements of plans required for school district funding
5 under the mental health assistance allocation;
6 requiring the plans to include adoption of an
7 interagency agreement or memorandum of understanding
8 with a managing entity that performs specified
9 functions; requiring such agreement or memorandum to
10 address the sharing of records and information to
11 coordinate care and increase access to appropriate
12 services; requiring the plans to include adoption of
13 policies and procedures that meet specified criteria;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (b) of subsection (16) of section
19 1011.62, Florida Statutes, is amended to read:
20 1011.62 Funds for operation of schools.—If the annual
21 allocation from the Florida Education Finance Program to each
22 district for operation of schools is not determined in the
23 annual appropriations act or the substantive bill implementing
24 the annual appropriations act, it shall be determined as
25 follows:
26 (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
27 assistance allocation is created to provide funding to assist
28 school districts in establishing or expanding school-based
29 mental health care; train educators and other school staff in
30 detecting and responding to mental health issues; and connect
31 children, youth, and families who may experience behavioral
32 health issues with appropriate services. These funds shall be
33 allocated annually in the General Appropriations Act or other
34 law to each eligible school district. Each school district shall
35 receive a minimum of $100,000, with the remaining balance
36 allocated based on each school district’s proportionate share of
37 the state’s total unweighted full-time equivalent student
38 enrollment. Charter schools that submit a plan separate from the
39 school district are entitled to a proportionate share of
40 district funding. The allocated funds may not supplant funds
41 that are provided for this purpose from other operating funds
42 and may not be used to increase salaries or provide bonuses.
43 School districts are encouraged to maximize third-party health
44 insurance benefits and Medicaid claiming for services, where
45 appropriate.
46 (b) The plans required under paragraph (a) must be focused
47 on a multitiered system of supports to deliver evidence-based
48 mental health care assessment, diagnosis, intervention,
49 treatment, and recovery services to students with one or more
50 mental health or co-occurring substance abuse diagnoses and to
51 students at high risk of such diagnoses. The provision of these
52 services must be coordinated with a student’s primary mental
53 health care provider and with other mental health providers
54 involved in the student’s care. At a minimum, the plans must
55 include the following elements:
56 1. Direct employment of school-based mental health services
57 providers to expand and enhance school-based student services
58 and to reduce the ratio of students to staff in order to better
59 align with nationally recommended ratio models. These providers
60 include, but are not limited to, certified school counselors,
61 school psychologists, school social workers, and other licensed
62 mental health professionals. The plan also must identify
63 strategies to increase the amount of time that school-based
64 student services personnel spend providing direct services to
65 students, which may include the review and revision of district
66 staffing resource allocations based on school or student mental
67 health assistance needs.
68 2. An interagency agreement or memorandum of understanding
69 with the managing entity, as defined in s. 394.9082(2)(e), which
70 facilitates referrals of students to community-based services
71 and coordinates care for students served by school-based and
72 community-based providers. Such agreement or memorandum of
73 understanding must address the sharing of records and
74 information as authorized under s. 1006.07(7)(d) to coordinate
75 care and increase access to appropriate services.
76 3.2. Contracts or interagency agreements with one or more
77 local community behavioral health providers or providers of
78 Community Action Team services to provide a behavioral health
79 staff presence and services at district schools. Services may
80 include, but are not limited to, mental health screenings and
81 assessments, individual counseling, family counseling, group
82 counseling, psychiatric or psychological services, trauma
83 informed care, mobile crisis services, and behavior
84 modification. These behavioral health services may be provided
85 on or off the school campus and may be supplemented by
86 telehealth.
87 4.3. Policies and procedures, including contracts with
88 service providers, which will ensure that:
89 a. Parents of students are provided information about
90 behavioral health services available through the students’
91 school or local community-based behavioral health services
92 providers, including, but not limited to, the mobile response
93 team established under s. 394.495 which serves their area. A
94 school may meet this requirement by providing information about
95 and Internet addresses for web-based directories of or guides to
96 local behavioral health services as long as such directories or
97 guides are easily navigated and understood by individuals
98 unfamiliar with behavioral health delivery systems or services
99 and include specific contact information for local behavioral
100 health providers.
101 b. School districts use the services of the mobile response
102 teams to the extent that such services are available. Each
103 school district shall establish policies and procedures to carry
104 out the model response protocol developed under s. 1004.44.
105 c. Students who are referred to a school-based or
106 community-based mental health service provider for mental health
107 screening for the identification of mental health concerns and
108 ensure that the assessment of students at risk for mental health
109 disorders occurs within 15 days of referral. School-based mental
110 health services must be initiated within 15 days after
111 identification and assessment, and support by community-based
112 mental health service providers for students who are referred
113 for community-based mental health services must be initiated
114 within 30 days after the school or district makes a referral.
115 d. Referrals are made to behavioral health services
116 available through other delivery systems or payors for which a
117 student or an individual living in the household of a student
118 receiving services under this subsection may qualify, if such
119 services appear to be needed or enhancements in those
120 individuals’ behavioral health would contribute to the improved
121 well-being of the student.
122 5.4. Strategies or programs to reduce the likelihood of at
123 risk students developing social, emotional, or behavioral health
124 problems, depression, anxiety disorders, suicidal tendencies, or
125 substance use disorders.
126 6.5. Strategies to improve the early identification of
127 social, emotional, or behavioral problems or substance use
128 disorders, to improve the provision of early intervention
129 services, and to assist students in dealing with trauma and
130 violence.
131 Section 2. This act shall take effect July 1, 2021.

Statutes affected:
S 850 Filed: 1011.62