2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › TEACHERS (§§ 22-60-101 — 22-69-106) › Article 60.5 - COLORADO EDUCATOR LICENSING ACT (§§ 22-60.5-101 — 22-60.5-404) › Part 2 - TEACHERS AND SPECIAL SERVICES PROVIDERS (§§ 22-60.5-201 — 22-60.5-218) › Section 22-60.5-218 - Employment of certain school-based therapists - legislative declaration - definitions

(1)
The general assembly finds and declares that:
(a)
In 2021, children's hospital in Colorado declared a youth mental health state of emergency and in 2022 said that conditions are worse;
(b)
In 2022, the centers for disease control and prevention released a survey that found that forty-four percent of high school students reported that they felt persistently sad or hopeless during the past year and that schools are crucial partners in supporting the health and well-being of students;
(c)
The complex and time-consuming process for school-based therapists to receive a special services license from the department of education prevents schools and school districts from employing school-based therapists who might otherwise help students;
(d)
School-based therapists are already licensed by various state boards in the department of regulatory affairs; and
(e)
Students can be protected by requiring school-based therapists employed in schools to submit to fingerprint-based criminal history background checks and to be supervised by administrators who are licensed by the department of education.
(2)
As used in this section, unless the context otherwise requires:
(a)
"Eligible school-based therapist" means a person who meets the eligibility requirements described in subsection (4) of this section and who is a:
(I)
Psychologist licensed pursuant to part 3 of article
245
of title
12
;
(II)
Social worker licensed pursuant to part 4 of article
245
of title
12
;
(III)
Marriage and family therapist licensed pursuant to part 5 of article
245
of title
12
;
(IV)
Licensed professional counselor licensed pursuant to part 6 of article
245
of title
12
; or
(V)
Addiction counselor licensed pursuant to part 8 of article
245
of title
12
.
(b)
"School" means a school of a school district, a charter school authorized by a school district pursuant to part 1 of article
30.5
of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article
30.5
of this title 22, or the Colorado school for the deaf and the blind.
(c)
"School district" means a school district organized and existing pursuant to law. "School district" includes the state charter school institute, a board of cooperative services that operates a school, and schools operated by the division of youth services.
(3)
Notwithstanding any provision of this article 60.5 to the contrary, and subject to the requirements of this section, a school or a school district may employ an eligible school-based therapist to work in coordination with licensed special service providers at the school or school district coordinating mental health supports for students. A person employed as an eligible school-based therapist may be supervised by a special services provider with a school counselor endorsement or an administrator licensed pursuant to section
22-60.5-306
. When hiring an eligible school-based therapist, schools and school districts should ensure that the therapist has a background and expertise in working with children and adolescents. An eligible school-based therapist should supplement and not replace or supplant a special services provider.
(4)
Prior to employment, the school or a school district and an eligible school-based therapist shall comply with the requirements of section
22-32-109.8
, including the requirement for the eligible school-based therapist to submit fingerprints.
(5)
If an eligible school-based therapist provides services to a student related to the student's individualized education program, as developed pursuant to part 1 of article
20
of this title 22, the eligible school-based therapist must have qualifications consistent with the student's individualized education program.
Added by 2023 Ch. 146,§ 1, eff. 5/4/2023.