HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 931 School Chaplains
SPONSOR(S): McClain and others
TIED BILLS: None. IDEN./SIM. BILLS: SB 1044
    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF
    1) Education Quality Subcommittee                           12 Y, 2 N               Wolff              Sanchez
    2) Education & Employment Committee                         15 Y, 4 N               Wolff              Hassell
                                              SUMMARY ANALYSIS
The bill authorizes each school district or charter school to adopt a policy to allow volunteer school chaplains to
provide support, services, and programs to students as assigned by the district school board or charter school
governing board. Any such policy adopted by a school district or charter school must, at a minimum, describe
the supports, services, or programs that volunteer school chaplains may be assigned; require that principals of
schools with a volunteer school chaplain inform all parents of the availability of such supports, services, and
programs; and require written parental consent before a student participates in or receives supports, services,
and programs provided by a volunteer school chaplain. The bill requires that parents must be permitted to
select a volunteer school chaplain from the list provided by the school district, which must include the
chaplain's religious affiliation, if any.
The bill requires each volunteer school chaplain to meet statutory background screening requirements for
individuals who will have direct contact with students, specifically a level 2 screening of both state and federal
criminal records.
The bill requires each school district and charter school governing board, by January 1, 2025, to vote on
whether to adopt a policy authorizing the school district or charter school to allow volunteer school chaplains.
Any school district or charter school that adopts such a policy must publish the list of volunteer school
chaplains, including any religious affiliation, on the school district's website.
The bill has an indeterminant fiscal impact. See Fiscal Comments, infra.
The bill has an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 1/30/2024
                                                         FULL ANALYSIS
                                                 I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Present Situation
         Student Mental Health
         In 2018, the Marjory Stoneman Douglas High School Public Safety Act1 created the Mental Health
         Assistance Allocation within the Florida Education Finance Program. 2 The allocation is intended to
         provide funding to assist school districts in establishing or expanding school-based mental health care,
         train educators and other school staff in detecting and responding to mental health issues, and connect
         children, youth, and families who may experience behavioral health issues with appropriate services. 3
         For the 2023-2024 school year, $160 million was appropriated for the allocation.4 Each school district
         receives a minimum of $100,000, and the remaining balance is allocated based on each district’s
         proportionate share of the state’s total unweighted full-time equivalent student enrollment.5 Eligible
         charter schools are entitled to a proportionate share of the school district’s allocation. 6 Currently, there
         are 6,754 school counselors, 1,393 school social workers, 1,571 school psychologists, and 396 other
         licensed mental health providers employed by Florida’s school districts that may provide mental health
         services, with each school district having at least one such professional. 7
         School districts are prohibited from using the funds allocated under this section to supplant funds from
         other operating funds used for the provision of mental health services. These funds may not be used
         for salary increases or bonuses.8
         To receive allocation funds, a school district must develop and submit to the district school board for
         approval a detailed plan outlining its local program and planned expenditures. 9 A school district’s plan
         must include all district schools, including charter schools, unless a charter school elects to submit a
         plan independently from the school district.10 Each approved plan must be submitted to the
         Commissioner of Education by August 1 each year. 11
         The plan must be focused on a multitiered system of supports to deliver evidence-based mental health
         care assessment, diagnosis, intervention, treatment, and recovery services. Supports and services
         under the allocation are provided to students with one or more mental health or co-occurring substance
         abuse diagnoses and to students at high risk of such diagnoses. The provision of these services must
         be coordinated with a student’s primary mental health care provider and with other mental health
         providers involved in the student’s care.12
1 Chapter 2018-3, L.O.F.
2 Section 1011.62(14), F.S.
3 Id.
4 Specific Appropriations 5 and 80, s. 2, ch. 2023-239, L.O.F.
5 Section 1011.62(14), F.S.; See also Florida Department of Education, Florida Education Finance Program 2023-24 Second
Calculation, at 28, available at https://www.fldoe.org/core/fileparse.php/7507/urlt/2324FEFP2ndCalc.pdf.
6 Section 1011.62(14), F.S.
7 Email, Daniel Ellinger, Legislative Affairs, Florida Department of Education, (Jan. 22, 2024), on file with the Education Quality
Subcommittee.
8 Section 1011.62(14), F.S.
9 Section 1011.62(14)(a)1.-2., F.S.
10 Id.
11 Section 1011.62(14)(c), F.S.
12 Section 1011.62(14)(b), F.S.
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         Plans must include elements such as: 13
             Direct employment of school-based mental health service providers to expand and enhance
                school-based student services and reduce the ratio of students to staff to align with nationally
                recommended ratio models.
             Contracts or interagency agreements with one or more local community behavioral health
                providers or providers of Community Action Team services to provide behavioral health staff
                presence and services at district schools.
             Policies and procedures which ensure that students who are referred to a school-based or
                community-based mental health service provider for mental health screening are:
                     o assessed within 15 days of referral, and that school-based mental health services are
                         initiated within 15 days after identification and assessment and community-based mental
                         health services are initiated within 30 days after school or district referral;
                     o provided information about other behavioral health services available through the
                         student’s school or local community-based behavioral health services providers;
                     o provided information about behavioral health services available through other delivery
                         systems or payors for which individuals living in the household of the referred student
                         may qualify, if such services appear to be needed or enhancements in such individuals’
                         behavioral health would contribute to the improved well-being of the student;
             Policies and procedures, to be implemented prior to the initiation of an involuntary examination
                by a mental or behavioral health provider or school-based law enforcement officer who has
                completed crisis intervention training, that includes attempting to verbally de-escalate a student
                in crisis, including strategies to de-escalate a student with a developmental disability in crisis.
             Policies requiring that school or law enforcement personnel, prior to initiating an involuntary
                examination, make a reasonable attempt to contact a mental health professional authorized to
                initiate an involuntary examination, unless the student in crisis poses an imminent danger to
                him- or herself or others.
         School districts are also required to report program outcomes and expenditures for the previous fiscal
         year by September 30 each year.14 The report must, at a minimum, provide the number of each of the
         following:15
               Students who receive screenings or assessments.
               Students who are referred to either school-based or community-based providers for services.
               Students who receive either school-based or community-based interventions.
               School-based or community-based mental health providers that were paid out of the mental
                 health assistance allocation.
               Contract-based collaboration efforts or partnerships with community mental health programs.
         Youth Mental Health Awareness and Assistance
         The Department of Education (DOE) is responsible for developing and maintaining an evidence-based
         youth mental health awareness and assistance training program. The program must be designed to
         help school personnel identify and understand the signs of emotional disturbance, mental illness, and
         substance use disorders and provide such personnel with the skills to help a person who is developing
         or experiencing an emotional disturbance, mental health, or substance use problem.16 At a minimum
         the training must include:17
              An overview of mental illnesses and substance use disorders and the need to reduce the stigma
                 of mental illness.
              Information on the potential risk factors and warning signs of emotional disturbance, mental
                 illness, or substance use disorders, including, but not limited to, depression, anxiety, psychosis,
                 eating disorders, and self-injury, as well as common treatments for those conditions and how to
                 assess those risks.
13 Id.
14 Section 1011.62(14)(d), F.S.
15 Id.
16 Section 1012.584(1), F.S.
17 Section 1012.584(3), F.S.
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                Information on how to engage at-risk students with the skills, resources, and knowledge
                 required to assess the situation, and how to identify and encourage the student to use
                 appropriate professional help and other support strategies, including, but not limited to, peer,
                 social, or self-help care.
        The DOE must partner with a national organization with expertise in youth mental health to provide the
        training to all school personnel in Florida’s elementary, middle, and high schools. Each school district
        school safety specialist must ensure that all school personnel within his or her school district receive
        youth mental health awareness and assistance training. 18
        School District Mental Health Coordinator
        Each school district is required to identify a mental health coordinator that will serve as the primary
        point of contact regarding the district’s student mental health policies, procedures, responsibilities, and
        reporting.19 The mental health coordinator’s responsibilities include:
             Coordinating with the Office of Safe Schools.
             Maintaining records and reports regarding student mental health as it relates to school safety
                and the mental health assistance allocation.
             Facilitating the implementation of school district policies relating to the respective duties and
                responsibilities of the school district, the superintendent, and district school principals.
             Coordinating with the school safety specialist on the staffing and training of threat assessment
                teams and facilitating referrals to mental health services, as appropriate, for students and their
                families.
             Coordinating with the school safety specialist on the training and resources for students and
                school district staff relating to youth mental health awareness and assistance.
             Reviewing annually the school district's policies and procedures related to student mental health
                for compliance with state law and alignment with current best practices and make
                recommendations, as needed, for amending such policies and procedures to the superintendent
                and the district school board.20
        School Counselors
        Current law requires that all school counselors be certified as required by the rules of the State Board
        of Education (SBE).21 The SBE defines school counselors as staff members certified by the DOE who
        are responsible for: advising students with regard to their abilities and aptitudes, educational and
        occupational opportunities, and personal and social adjustments; providing placement services; and
        similar functions.22 SBE provides the following two methods for an individual to be certified in school
        counseling:
             A master’s or higher degree with a graduate major in guidance and counseling or school
                 counseling that includes a minimum of six-hundred (600) clock hours of supervised internship
                 serving school-aged students in a prekindergarten, an elementary or a secondary school
                 setting; or
             A master’s or higher degree with a graduate major in counseling other than guidance and
                 counseling or school counseling as specified in subsection (1) of this rule that includes a
                 minimum of six-hundred (600) clock hours of supervised internship with school-aged children
                 and their families with at least nine (9) semester hours of graduate credit to include the following
                 areas:
                     o Student appraisal and evaluation methods in prekindergarten, elementary and
                         secondary schools including interpretation and analysis of standardized tests and other
                         assessment results that assist students in career exploration, academic skills and
                         personal and social skill development;
18 Section 1012.584(2), F.S.
19 Section 1006.07(6)(b), F.S.
20 Id.
21 Section 1012.55(1)(b), F.S.
22 Rule 6A-5.079(2)(a), F.A.C.
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                       o    College and career planning for prekindergarten, elementary and secondary school
                            students including college and career exploration and knowledge of financial aid and
                            financing of postsecondary education options;
                       o    Principles, philosophy, organization and administration of a comprehensive school
                            counseling program in prekindergarten, elementary and secondary schools; and
                       o    Consultation skills and techniques for conferring with groups such as agencies, teachers
                            and parents.23
         Applicants for certification using the second method above must also be assigned a mentor, who is a
         state certified school counselor, by their employing school district for their first two years of
         employment.24
         The SBE has further adopted the Florida School Counseling Standards consisting of the seven
         following standards:
               Professional, Legal, and Ethical Expectations. School counselors act ethically and according to
                 professional standards to promote the academic success and well-being of all students.
               Data-Driven Planning. Effective school counselors utilize resources including available school
                 data to guide decision making and counseling services.
               School Counseling Program. Effective school counselors develop, implement, and evaluate
                 programs that cultivate a school environment that promotes the academic success and well-
                 being of all students.
               Consultation, Collaboration, and Coordination. Effective school counselors utilize multiple
                 means of communication to promote the academic success and well-being of all students.
               Counseling Services. Effective school counselors provide direct and indirect services that
                 support the safety, mental health, and well-being of all students.
               Academic Advising and Planning. Effective school counselors cultivate a caring, rigorous, and
                 supportive school community that promotes the academic success and well-being of all
                 students.
               Career Development and Postsecondary Planning. Effective school counselors provide
                 opportunities for all students to develop the behaviors necessary to learn work-related skills,
                 resilience, perseverance, an understanding of lifelong learning as a part of long-term career
                 success, the value of volunteerism and mentorship, and a strong work ethic. 25
         Background Screening of Individuals at Schools
         Individuals who work in or provide services to school districts, charter schools, alternative schools, and
         private schools participating in state school choice scholarship programs 26 must undergo a fingerprint-
         based background screening before being permitted access to school grounds. 27 The individuals who
         must undergo background screening fall under three personnel cla