Utah Code § 53F-2-415 — Utah Code / Title 53F / Chapter 53F-2 / § 53F-2-415
§ 53F-2-415. Student health and counseling support -- Qualifying personnel -- Distribution formula -- Rulemaking.
Status: in_force

(1) As used in this section: (a) "Behavioral health support personnel" means an individual who: (i) works under the direct supervision of qualifying personnel to: (A) support and track a student's progress and access to and completion of school curriculum; and (B) support students by prompting, redirecting, encouraging, and reinforcing positive behaviors; (ii) is not certified or licensed in mental health; and (iii) meets the professional qualifications as defined by state board rule. (b) "Qualifying personnel" means a school counselor or other counselor, a school psychologist or other psychologist, a school social worker or other social worker, or a school nurse who: (i) is licensed; and (ii) collaborates with educators and a student's parent on: (A) early identification and intervention of the student's academic and mental health needs; and (B) removing barriers to learning and developing skills and behaviors critical for the student's academic achievement. (c) "Telehealth services" means the same as that term is defined in Section 26B-4-704. (2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b), the state board shall distribute money appropriated under this section to LEAs to provide targeted school-based mental health support, including clinical services and trauma-informed care, through: (i) employing qualifying personnel; (ii) employing behavioral health support personnel; or (iii) entering into contracts for services provided by qualifying personnel, including telehealth services. (b) (i) The state board shall, after consulting with LEA governing boards, develop a formula to distribute money appropriated under this section to LEAs. (ii) The state board shall ensure that the formula described in Subsection (2)(b)(i) incentivizes an LEA to provide school-based mental health support in collaboration with the local mental health authority of the county in which the LEA is located. (iii) The state board shall provide guidance for LEAs regarding the training, qualifications, roles, and scopes of practice for qualifying personnel and behavioral health support personnel that incorporates parent consent and partnership as key components in addressing the mental health and behavioral health needs of students. (3) To qualify for money under this section, an LEA shall submit to the state board a plan that includes: (a) measurable goals approved by the LEA governing board on improving student safety, student engagement, school climate, or academic achievement; (b) how the LEA intends to meet the goals described in Subsection (3)(a) through the use of the money; (c) how the LEA is meeting the requirements related to parent education described in Section 53G-9-703; and (d) whether the LEA intends to provide school-based mental health support in collaboration with the local mental health authority of the county in which the LEA is located. (4) The state board shall distribute money appropriated under this section to an LEA that qualifies under Subsection (3), based on the formula described in Subsection (2)(b). (5) An LEA may not use money distributed by the state board under this section to supplant federal, state, or local money previously allocated to: (a) employ qualifying personnel; (b) employ behavioral health support personnel; or (c) enter into contracts for services provided by qualified personnel, including telehealth services. (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that establish: (a) procedures for submitting a plan for and distributing money under this section; (b) the formula the state board will use to distribute money to LEAs described in Subsection (2)(b); and (c) in accordance with Subsection (7), annual reporting requirements for an LEA that receives money under this section. (7) An LEA that receives money under this section shall submit an annual report to the state board, including: (a) progress toward achieving the goals submitted under Subsection (3)(a); (b) if the LEA discontinues a qualifying personnel position or a behavioral health support personnel position, the LEA's reason for discontinuing the positions; and (c) how the LEA, in providing school-based mental health support, complies with the provisions of Section 53E-9-203. (8) Beginning on or before July 1, 2019, the state board shall provide training that instructs school personnel on the impact of childhood trauma on student learning, including information advising educators against practicing medicine, giving a diagnosis, or providing treatment. (9) The state board may use up to: (a) 2% of an appropriation under this section for costs related to the administration of the provisions of this section; and (b) $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described in this section to provide scholarships for up to four years to certain LEA employees, as defined by the state board, for education and training to become a school social worker, a school psychologist, or other school-based mental health worker. (10) Notwithstanding the provisions of this section, money appropriated under this section may be used, as determined by the state board, for: (a) the SafeUT Crisis Line described in Section 53H-4-210; (b) (i) youth suicide prevention programs described in Section 53G-9-702 ; or (ii) a comprehensive prevention plan, as that term is defined in Section 53F-2-525; or (c) providing grants to LEAs as provided in Subsection 53F-2-522(5).