HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR

HOUSE BILL 615

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

AN ACT

RELATING TO EDUCATION; PROVIDING FOR A PILOT PROJECT REQUIRING TRAINING IN VARIOUS ASPECTS OF MENTAL HEALTH FOR PUBLIC EDUCATION PERSONNEL AND STUDENTS' FAMILIES; REQUIRING THE CREATION OF TRAINING MATERIALS IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT AND THE HUMAN SERVICES DEPARTMENT; REQUIRING BENCHMARKS, PERFORMANCE MEASURES AND EVALUATIONS; PROVIDING FOR NO PRIVATE RIGHT OF ACTION; MAKING AN APPROPRIATION.

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

     SECTION 1. TEMPORARY PROVISION--MENTAL HEALTH TRAINING PILOT PROJECT.--

          A. The "mental health training pilot project" is created as a two-year pilot project in the Gadsden independent school district beginning July 1, 2019 and ending July 1, 2021.

          B. The Gadsden independent school district, in consultation with the public education department, shall design the pilot project to include, at a minimum, the following:

                (1) all public school personnel, including ancillary staff, instructional support providers and volunteers, shall receive training regarding:

                     (a) early identification of social, emotional and behavioral problems or substance use disorders and the provision of early intervention services;

                     (b) techniques and supports needed to identify those children with trauma histories and children with, or at risk of, mental illness;

                     (c) the use of referral processes that link children and families to appropriate treatment and intervention services in the school and in the community and processes to follow up with children and families when services are not available;

                     (d) strategies that promote a schoolwide positive environment; and

                     (e) strategies for promoting the social, emotional, mental and behavioral health of all students;

                (2) the school district shall regularly provide opportunities to students' parents, siblings and other family members for training that is substantially similar to that provided for in Subparagraphs (a) through (e) of Paragraph (1) of this subsection, which may include classes, workshops, seminars or community health events that introduce students and their families to local behavioral health service providers; and

                (3) in consultation with the department of health, the children, youth and families department and the human services department, develop training materials that are locally sourced to effectuate the training outlined in Paragraphs (1) and (2) of this subsection, including materials that address:

                     (a) programs and activities related to mental health;

                     (b) eating disorders;

                     (c) suicide prevention;

                     (d) behavioral health disorders;

                     (e) safe techniques to de-escalate crisis situations;

                     (f) identification of signs and symptoms of early stages of mental illness and behavioral health issues; and

                     (g) the use of evidence-based practices and programs, including mental health first aid or core elements of similar programs.

          C. During the term of the pilot project, the Gadsden independent school district and the public education department shall provide annual reports to the appropriate interim legislative body. At the end of the pilot project, a final report and recommendations shall be submitted to the governor and the legislature.

          D. No person shall have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this section or resulting from any training, or lack thereof, required by this section.

          E. The training, or lack thereof, required by the provisions of this section shall not be construed to impose any specific duty of care.

     SECTION 2. APPROPRIATION.--Thirty thousand dollars ($30,000) is appropriated from the general fund to the public education department for expenditure in fiscal year 2020 and subsequent fiscal years to provide the Gadsden independent school district with supplies, materials and trainers to support and effectuate the mental health training pilot project. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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