BILL NUMBER: S584
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the education law and the public health law, in relation
to the ability for school districts to implement telehealth school-based
mental health clinics; to amend the state finance law, in relation to
the student mental telehealth reimbursement fund; and to amend the
racing, pari-mutuel wagering and breeding law, in relation to funding
the student mental telehealth reimbursement fund
 
PURPOSE:
This legislation establishes a process through which school districts
may create and administer mental health services via telehealth deliv-
ery. Additionally, this legislation provides a fund and dedicated fund-
ing source for school districts to access state aid for the purposes of
administering mental health telehealth services.
 
SUMMARY OF PROVISIONS:
Section 1: amends subparagraph (i) of paragraph (j) of subdivision 1 of
section 414 of the education law to establish that a school-based mental
health clinic that operates as a telehealth clinic falls under the defi-
nition of a licensed school-based mental health clinic.
Section 2: amends section 2999-dd of the public health law adding a new
subdivision 3-a. Subdivision 3-a directs the commissioner of education,
in consultation with the commissioners of health, the office of mental
health, and the office of persons with developmental disabilities, to
promulgate minimum qualifications for school districts to operate tele-
health school-based mental health clinics.
Section 3: Amends the state finance law by adding a new section 99-ss.
Section 99-ss establishes the student mental telehealth reimbursement
fund and defines costs incurred by school districts that may be eligible
for reimbursement.
Section 4: amends subdivision 8 of section 1367 of the racing, pari-mu-
tuel wagering and breeding law to provide that five percent of the state
tax imposed on mobile sports wagering be dedicated annually to the
student mental telehealth reimbursement fund.
Section 5: Provides the effective date.
 
JUSTIFICATION:
In the wake of the COVID-19 pandemic, student mental health and well-be-
ing remain a significant concern for every school district in our state.
In October 2021, the American Academy of Pediatrics, the American Acade-
my of Child and Adolescent Psychiatry, and the Children's Hospital Asso-
ciation declared a state of emergency in children's mental health. Two
months later, the United States Surgeon General issued a detailed advi-
sory on the urgent need to address the nation's youth mental health
crisis, with students reporting higher instances of depression and the
experience of harmful thoughts.
The Youth Risk Behavior Survey, a Centers for Disease Control and
Prevention report documenting youth behavioral trends from 2011-2021,
found that as of 2021, 4 in 10 students felt persistently sad or hope-
less. The report indicates approximately 29 percent of students had
experienced or were experiencing poor mental health. More concerning,
the report identified trends in poor mental health that were escalating
to severe consequences, with more than 1 in 5 students seriously consid-
ering suicide.
New York State is not immune to this concerning national trend. School
administrators and teachers from across the state have been sounding the
alarm for legislative actions and appropriations to bolster their abili-
ties to address student mental health.
This legislation tackles these barriers by expanding school resources
and offering struggling students access to mental health professionals.
Specifically, this bill ensures schools can provide students counseling
via telehealth services. Telehealth is a growing service nationwide,
giving schools flexibility to connect struggling students with a provid-
er, regardless of staffing or a lack of a local physical provider.
Staffing has been a particular burden for New York's rural school
districts.
Studies have shown students who feel connected to others at school
report better mental health. Combatting the adverse effects and outcomes
of students suffering poor mental health is paramount, and school
districts should have the ability to utilize any tool necessary. By
expanding access and providing funds for telehealth, schools will
improve learning environments and potentially save lives.
 
LEGISLATIVE HISTORY:
2023-2024: S.6080A recommitted to Education/A.9790 referred to Education
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

Statutes affected:
S584: 414 education law, 414(1) education law, 2999-dd public health law