HB 100 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE PUBLIC SCHOOLS.

100MAW byPage deleting1 linesof 976 andReleased: 98 in their entirety.

FURTHER01/28/2021 AMEND12:25 HousePM BillWHEREAS, No.70% of youth in state juvenile systems have a mental illness;

100and byWHEREAS, deleting70% linesof 101youth andin 102state injuvenile theirsystems entirety.have a mental illness;

FURTHERand AMENDWHEREAS, Houseyouth Billwith No.access to mental health services in school-based health centers are 10 times more likely to seek care for mental health or substance abuse than youth without access;

100and byWHEREAS, deletingyouth lineswith 109access throughto 112mental health services in theirschool-based entiretyhealth andcenters insertingare in10 lieutimes thereofmore thelikely following:to seek care for mental health or substance abuse than youth without access;

and WHEREAS, early intervention is critical to building life skills, resilience, and mental wellness;

and WHEREAS, early intervention is critical to building life skills, resilience, and mental wellness;

and WHEREAS, leading counseling and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, and the School Social Worker Association of America recommend that schools maintain all of the following:

WHEREAS, leading counseling and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, and the School Social Worker Association of America recommend that schools maintain all of the following:

(a) A maximum student to school counselor ratio of 250 to 1.

(a) A maximum student to school counselor ratio of 250 to 1.

(b) A maximum student to school social worker ratio of 250 to 1.

(b) A maximum student to school social worker ratio of 250 to 1.

(c) A student to school psychologist ratio of 500 to 1;

and (c) A student to school psychologist ratio of 500 to 1;

and WHEREAS, Delaware elementary schools currently maintain an average ratio of 580 students to each school counselor;

and WHEREAS, Delaware elementary schools currently maintain an average ratio of 580 students to each school counselor;

and WHEREAS, the American School Counselor Association National Model includes a strong foundation in social and emotional learning, direct and indirect counseling, and establishing positive mindsets and behaviors;

and WHEREAS, the American School Counselor Association National Model includes a strong foundation in social and emotional learning, direct and indirect counseling, and establishing positive mindsets and behaviors;

and HD :

NSW :

MAW Page 2 of 6 Released:

01/28/2021 12:25 PM WHEREAS, school counselors are prepared to address barriers and assess ways to maximize students’ success in schools, communities, and their family structure by offering education, prevention, and crisis and short-term intervention until the student is connected to available community resources;

and WHEREAS, school counselors are prepared to address barriers and assess ways to maximize students’ success in schools, communities, and their family structure by offering education, prevention, and crisis and short-term intervention until the student is connected to available community resources;

and WHEREAS, school counselors are prepared to address barriers and assess ways to maximize students’ success in schools, communities, and their family structure by offering education, prevention, and crisis and short-term intervention until the student is connected to available community resources;

and WHEREAS, 86% of Delaware elementary schools do not employ a school social worker;

and WHEREAS, 86% of Delaware elementary schools do not employ a school social worker;

and WHEREAS, school social workers create and implement school-based programs to promote a positive school environment for all students, work with the entire student body to identify students in need of more intensive interventions, and connect these students to additional services in the community where needed;

and WHEREAS, school social workers create and implement school-based programs to promote a positive school environment for all students, work with the entire student body to identify students in need of more intensive interventions, and connect these students to additional services in the community where needed;

and WHEREAS, school social workers serve as a resource to the principal and other educators by providing training on identifying students with mental health needs and providing a referral process when services are sought;

and WHEREAS, school social workers serve as a resource to the principal and other educators by providing training on identifying students with mental health needs and providing a referral process when services are sought;

and WHEREAS, by working more closely with individual students and their families, school social workers also create a bridge between the school and the community by coordinating students with resources in the community.

This coordination is critical to a school’s success and by partnering with services in the community, social workers maximize limited resources, facilitate better delivery of services, and maintain communication between partners;

and WHEREAS, by working more closely with individual students and their families, school social workers also create a bridge between the school and the community by coordinating students with resources in the community.

This coordination is critical to a school’s success and by partnering with services in the community, social workers maximize limited resources, facilitate better delivery of services, and maintain communication between partners;

and HD :

NSW :

MAW Page 3 of 6 Released:

01/28/2021 12:25 PM 77 WHEREAS, school psychologists provide services that promote a child’s communication and social skills, problem solving, anger management, conflict resolution, self-regulation, self-determination, resilience, and optimism;

and WHEREAS, school psychologists provide services that promote a child’s communication and social skills, problem solving, anger management, conflict resolution, self-regulation, self-determination, resilience, and optimism;

and WHEREAS, school psychologists consult with teachers and administrators on effective classroom management strategies, promoting positive peer relationships and social problem-solving, school-wide positive behavior interventions and supports, effective discipline policies and practices, and programs to promote student wellness and reduce risk-taking;

and WHEREAS, school psychologists consult with teachers and administrators on effective classroom management strategies, promoting positive peer relationships and social problem-solving, school-wide positive behavior interventions and supports, effective discipline policies and practices, and programs to promote student wellness and reduce risk-taking;

and WHEREAS, school psychologists provide mental health services, including wellness and prevention programming, risk assessment and interventions, and counseling, which are proven to reduce discipline referrals and increase attendance and academic performance;

and WHEREAS, school psychologists provide mental health services, including wellness and prevention programming, risk assessment and interventions, and counseling, which are proven to reduce discipline referrals and increase attendance and academic performance;

and WHEREAS, Delaware educators report that students come to school with significant unmet needs that impact the students’ ability to learn in school, such as hunger, homelessness, trauma, mental health issues;

and WHEREAS, Delaware educators report that students come to school with significant unmet needs that impact the students’ ability to learn in school, such as hunger, homelessness, trauma, mental health issues;

and WHEREAS, without adequate resources to support our students, these challenges manifest as frequent, and at times severe, disruptions in school that take impact learning and affect all our students.

WHEREAS, without adequate resources to support our students, these challenges manifest as frequent, and at times severe, disruptions in school that take impact learning and affect all our students.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.

Amend § 1716E, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline asfollows:

MAW Page 14 of 36 Released:

06/03/202101/28/2021 01:0512:25 PM “(1)§ In1716E fiscalMental yearhealth 2022,services one unit forandfunding. each 400 full-time equivalent students in a school district or charter school, grades K through 5 for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker.

Districts(a) and“Mental charterhealth schoolsservices shallunit” qualify for funding forpurposesmeans: a fractional part of 400 full-time equivalent pupils enrolled in grades K through 5.

(2)(1) In1 fiscal year 2023, one unit for each 325250 full-time equivalent students in a school district or charter school, grades K through 5 for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker.

Districts and charter schools shall qualify for funding for a fractional part of 325250 full-time equivalent pupils enrolled in grades K throughthrough5. 5.

(3)(2) Beginning1 in fiscal year 2024, one unit for each 250700 full-timefull time equivalent students in a school district or charter school, grades K through 5 for employment of a full-time school counselor,psychologists or school social worker or a licensed clinicalmental socialhealth workertherapist whowith isexperience certifiedin bya theschool Delawaresetting Departmentor ofexperience Educationproviding asdirect aservices to school socialage worker.children.

Districts and charter schools shall qualify for funding for a fractional part of 250700 full-time equivalent pupils enrolled in grades K throughthrough5. 5” and redesignate accordingly.

“(b) FURTHEREach AMENDpupil Housecounted Billin No.establishing a unit for mental health services may be counted only once in a district or charter.

100(c) onFor linepurposes 121of bythis deletingsection, “licensed“mental mental health counselors”services” means prevention, response, and insertingcoordination services delivered to students in lieuelementaryschool thereof:building.

“licensed(d) Funds appropriated by this unit shall be used for employment of full-time licensed mental health therapists”.counselors who hold the appropriate license as required by the Board of Mental Health and Chemical Dependency Professional or school counselors, school social workers, or school psychologists that hold the appropriate licensure and certifications under Chapter 12 of this title.

FURTHER(1) AMENDSchool Housecounselors Billshall No.be required to provide services that are aligned with the American School Counselor Association (ASCA) National Model, including the provisions related to indirect and direct services as those terms are defined byASCA.

100(2) bySchool deletingsocial linesworkers 132shall throughbe 135required into theirprovide entiretyservices andaligned redesignatingto accordingly.the National Association of School Social Work school social workstandards.

FURTHER(3) AMENDSchool Housepsychologists Billshall No.be required to provide services aligned with the National Association ofSchool Psychologists (NASP) Model for Comprehensive and Integrated School Psychological Services.

100(e) onAny linefull 138units bymust deletingbe "a-time"used asin itthe appearsschool afterthat "of"generated andthe beforeunit. "certified" and inserting in lieu thereof:

"aAny full-time".remaining fractional units must be combined into full units if possible and used to further increase the amount of mental health services available.

FURTHERAny AMENDfractional Houseunits Billstill No.remaining after that may be used at the discretion of the district or charter school for mental health services.

100 on line 140 by inserting after “board” and before the period as they appear therein the following:

“until such time as school psychologists are no longer designated by the Department of Education as certification shortage area”.

FURTHER AMEND House Bill No.

100 by inserting after line 145 and before line 146 the following:

“( ) To the extent possible, school districts should prioritize the hiring and placement of staff hired pursuant to this section in schools with the highest percentage of low-income students, English language learners and students with disabilities.” FURTHER AMEND House Bill No.

100 on line 147 by inserting “district pre-schools” after “Delaware” and “middle” as they appear therein.

MAW Page 25 of 36 Released:

06/03/202101/28/2021 01:0512:25 PM SYNOPSIS(f) ThisFunds amendmentcannot phasesbe implementationused ofto Housesupplant Billa No.unit currently allocated under this section unless a district or charter school has met or exceeded the ratios listed in §1716E(a).

100(g) outFunds overappropriated threein yearssupport inof regardthis unit shall be applied to the employment of a -time certified, licensed school counselors,counselor, school social worker, licensed clinical social workers,worker, andschool psychologist, or licensed mental health therapists Districts may pursue contracting out school socialpsychologists workers.with approval of their governing board.

CurrentDistricts ratiosor ofcharter studentsschools tomust thesecombine professionalsfractional farunits exceedto thosefund recommendedadditional byfull-time leadingmental counselinghealth andservices mentalstaff healthto organizations.the extent possible.

GradualDistricts implementationand ischarter neededschools tomay allowexercise Delawarea schoolcash districtsoption timeconsistent recruitwith andthe retainprovisions theseof critical§1716(g) positions.of this title for any remaining fractional funding.

ThisFunds amendmentreceived alsounder providesthis districtsprovision flexibilitymust tobe allocateused unitsfor wherethe neededpurchase most,of prioritizingmaterials disadvantagedor studentsservices to be used in support of preventative and studentsresponsive withmental specialhealth needs.services herein authorized, and for no otherpurpose.

Additionally,(h) itBy addsDecember district31, Pre-Kindergarten2025 tothe Department of Education, in coordination with the General Assembly, shall develop a strategic plan.plan to reasonably expand this unit into Delaware middle schools and high schools.

(i) The amendmentDepartment alsoof makesEducation technicalshall correctionspromulgate sincerules thereand wasregulations duplicationto ofimplement manyand ofenforce thethis "Whereas"chapter. clauses.

SYNOPSIS This Act establishes a mental health services unit for Delaware elementary schools.

The unit is at a ratio of 250 full-time equivalent students grades K-5 for a full-time school counselor, school social worker, or licensed clinical social worker.

Additionally a unit ratio of 700 full time equivalent students for grades K-5 for employment of a full-time school psychologist.

This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools.

Mental Health disorders are the most common health problem for school aged youth.

According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder.

Additionally, 50% of lifetime mental illnesses begin by age 14.

Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide.

According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise.

According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14.

Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students.

Currently, as reported by Delaware school districts, 86% of elementary schools do not employ a school social worker, and ratios of students to school counselors and school psychologists far exceed national best practices.

This bill will lower ratios and increase access to mental health services for elementary school students.

MAW Page 36 of 36 Released:

06/03/202101/28/2021 01:0512:25 PM 21415103112141510121