HOUSE BILL 121

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Patricia Roybal Caballero

AN ACT

RELATING TO PUBLIC EDUCATION IMPROVEMENTS; SPECIFYING THAT NURSING, SCHOOL COUNSELING AND BEHAVIORAL HEALTH SERVICES ARE PART OF A BASIC SUFFICIENT EDUCATION; REQUIRING SCHOOL DISTRICTS AND CHARTER SCHOOLS TO DEVELOP AND SUBMIT ANNUAL SOCIAL SERVICE PLANS TO THE PUBLIC EDUCATION DEPARTMENT; REQUIRING MONITORING OF PLANS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SOCIAL SERVICES AS PART OF BASIC SUFFICIENT EDUCATION--ANNUAL PLANS.--

          A. As used in this section:

                (1) "behavioral health services" includes services from a licensed behavioral health professional, including social workers and psychologists;

                (2) "social services" includes nursing, school counseling and behavioral health services; and

                (3) "tribe" means an Indian nation, tribe or pueblo located partly or wholly within New Mexico.

          B. Nursing, school counseling and behavioral health services are part of a basic sufficient education.

          C. School districts and charter schools shall develop annual social service plans to offer all students access to nursing, school counseling and behavioral health services that are culturally and linguistically relevant to their student populations.

          D. The department, in collaboration with school districts, charter schools and tribes, shall:

                (1) promulgate rules on nursing, school counseling and behavioral health services, including state policies and standards, and shall review the process for school districts' and charter schools' submission of their annual plans; and

                (2) develop a monitoring process to monitor school district and charter school annual social service plans.

          E. The department shall:

                (1) have staff with expertise in the social and emotional health of students and in how to mitigate outside-of-school factors to ensure students have the opportunity to be college and career ready;

                (2) provide school districts and charter schools with technical assistance and support to help them in developing their annual plans;

                (3) use the monitoring process to monitor the implementation of school district and charter school annual plans to ensure funding is being directed toward nursing, school counseling and behavioral health services; and

                (4) review school districts' and charter schools' annual plans and incorporate an estimated cost to provide access to nursing, school counseling and behavioral health services to all students in its annual budget request.

          F. School districts and charter schools shall submit their annual plans by September 30 of each year to the department for the succeeding fiscal year. The department shall notify all school districts and charter schools by August 1 that annual plans will be accepted until September 30. The notification shall include the form for annual plan submission and any requirements for supplementary documentation. Annual plans may be submitted electronically or by mail or other delivery.

          G. Annual plans shall include:

                (1) a description of the nursing, school counseling and behavioral health services that the student population needs to alleviate health and social challenges students face, and the annual plan shall include the input received from the community;

                (2) a description of how the nursing, school counseling and behavioral health services will be culturally and linguistically relevant to the school district's or charter school's student population;

                (3) an estimated cost to provide nursing, school counseling and behavioral health services to the school district's or charter school's student population;

                (4) a description of how the school district or charter school is partnering with local community groups to help provide nursing, school counseling and behavioral health services to its student population if these resources are available to a school district or charter school;

                (5) a description of how the school district or charter school will leverage other local resources in the community to help provide nursing, school counseling and behavioral health services to its student population if these resources are available to a school district or charter school;

                (6) a description of the challenges the school district or charter school experiences in providing nursing, school counseling and behavioral health services to the school district's or charter school's student population; and

                (7) other relevant information requested by the department."