SCHOOL-BASED MENTAL HEALTH. (NEW)

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View NCGA Bill Details2019-2020 Session
Senate Bill 476 (Public) Filed Tuesday, April 2, 2019
AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT A SCHOOL-BASED MENTAL HEALTH POLICY AND TO REQUIRE K-12 SCHOOL UNITS TO ADOPT AND TO IMPLEMENT A SCHOOL-BASED MENTAL HEALTH PLAN THAT INCLUDES A MENTAL HEALTH TRAINING PROGRAM AND A SUICIDE RISK REFERRAL PROTOCOL.
Intro. by Horner, Tillman, Ballard.

Status: Ch. SL 2020-7 (Jun 8 2020)

SOG comments (2):

Long title change

House committee substitute to the 2nd edition changed the long title. Original long title was AN ACT TO REAFFIRM LOCAL CONTROL OVER STUDENT DISCIPLINE POLICIES NOT INCONSISTENT WITH STATE AND FEDERAL LAW.

Long title change

Conference report to the 4th edition changed the long title. Previous long title was AN ACT TO DIRECT THE STATE BOARD OF EDUCATION TO RECOMMEND STEPS NECESSARY TO TRANSITION TO A COMPETENCY-BASED ASSESSMENT AND TEACHING MODEL FOR ALL ELEMENTARY AND SECONDARY STUDENTS IN NORTH CAROLINA AND TO REQUIRE PUBLIC SCHOOL UNITS TO ADOPT AND TO IMPLEMENT A SUICIDE RISK REFERRAL PROTOCOL, A MENTAL HEALTH TRAINING PROGRAM, AND A POLICY AGAINST TEEN DATING VIOLENCE AND ABUSE.

Bill History:

S 476/S.L. 2020-7

Bill Summaries:

  • Summary date: Jun 8 2020 - View Summary

    AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT A SCHOOL-BASED MENTAL HEALTH POLICY AND TO REQUIRE K-12 SCHOOL UNITS TO ADOPT AND TO IMPLEMENT A SCHOOL-BASED MENTAL HEALTH PLAN THAT INCLUDES A MENTAL HEALTH TRAINING PROGRAM AND A SUICIDE RISK REFERRAL PROTOCOL. SL 2020-7. Enacted June 8, 2020. Effective June 8, 2020. 


  • Summary date: May 26 2020 - View Summary

    Conference report makes the following changes to the 4th edition.

    Eliminates the provisions of previous Parts I and II, regarding transitioning to a competency-based assessment and teaching model for all elementary and secondary students, and requiring the adoption of a dating violence and abuse policy for identified elementary and secondary schools.

    Eliminates the proposed changes set out in previous Part II, amending Article 25A of GS Chapter 115C to require each public school unit to adopt and implement a suicide risk referral protocol for school personnel who work directly with students in grades K-12. Eliminates conforming changes to related statutes.

    Instead, enacts new Article 25B, Mental Health Needs of Students, of GS Chapter 115C, which provides the following.

    Requires the State Board of Education (State Board) to adopt a school-based mental health policy (policy) that includes minimum requirements for a school-based mental health plan for K-12 school units (plan), and a model mental health training program (program) and model suicide risk referral protocol (protocol) for K-12 school units. Requires the program to be provided to school personnel who work with students in grades K-12 at no cost and address youth mental health, suicide prevention, substance abuse, sexual abuse prevention, sex trafficking prevention, and teenage dating violence. Requires the protocol to be provided to school personnel who work with students in grades 6-12 and provide guidelines on the identification of students at risk of suicide and procedures and referral sources that address actions that should be taken to address identified students. Requires each K-12 school unit to adopt a plan that includes minimum requirements for a plan established by the State Board of Education (State Board) and a program and protocol consistent with the model programs developed by the State Board.

    Requires initial mental health training of employees of at least six hours within the first six months of employment and subsequent mental health trainings of at least two hours annually every subsequent year thereafter. Provides for waiver of the initial training if completed at another K-12 school unit. Allows training to be met by e-delivery, videoconferencing, group in-person training, and self-study.

    Requires the Superintendent of Public Instruction to review the School Board's minimum requirements for the plan, program, and protocol, and recommend needed changes, every five years beginning August 1, 2025. Requires the State Board to adopt the recommendation and publish updates to K-12 school units. Requires a school unit to update its plan in accordance with State Board updates.

    Requires each K-12 school unit to annually report to DPI by September 15 on the content of its adopted plan and prior school year compliance with the statute. Authorizes DPI to audit school units to ensure compliance. Requires DPI to report the information it receives to the specified NCGA committees by December 15 each year.

    Clarifies that the statute does not impose an additional duty on a K-12 school unit to provide mental health and suicide prevention services to students.

    Provides for limited civil immunity for the governing boards of school units, their members, employees, designees, agents, and volunteers for any loss or damage caused by an act or omission relating to the provision of, participation in, or implementation of any component of a plan, program, or protocol required by the statute. Clarifies that the statute does not impose any specific duty or standard of care on a school unit.

    Enacts GS 115C-75.9(n) (regarding innovative schools), GS 115C-218.75(h) (regarding charter schools), GS 115C-238.66(16) (regarding regional schools), GS 116-239.8(b)(18) (regarding laboratory schools), and Section 6(d)(16a) of SL 2018-32 (regarding renewal school systems) to require that each respective authority adopt and implement a plan, including a program and protocol, consistent with GS 115C-376.5, as enacted. 

    Replaces the coordinating directive with the following. Directs the State Board of Education to adopt a plan, including a program and protocol, by December 1, 2020. Requires the school-based mental health policy to effectuate recommendations of the May 31, 2018, report of the Superintendent's Working Group on Student Health and Well-Being (Working Group) pursuant to SL 2017-57 to the extent they are consistent with the act and state law. Requires the program and protocol incorporated in the policy to meet the requirements developed by the Working Group in its October 15, 2018, report pursuant to SL 2018-32. Requires the Superintendent to ensure copies of the State Board's policy is made available to each K-12 school unit by December 31, 2020. Requires each school unit to adopt a plan that incorporates the State Board policy, including a program and protocol, by July 1, 2021.

    Specifies that school personnel required to complete the training and employed in a K-12 school unit as of the date the act becomes law must complete their initial training by the end of the 2021-22 school year. 

    Requires that the suicide risk referral protocols and mental health training programs be adopted and implemented by the public school units by July 1, 2021. Allows public school units to use the model suicide risk referral protocol and model mental health training program developed by the State Board of Education, modify the State Board of Education models, or develop their own models. 

    Makes conforming changes to the act's titles.


  • Summary date: Jul 10 2019 - View Summary

    House committee substitute to the 2nd edition makes the following changes. Deletes the content of the previous edition and replaces it with the following.

    Part I.

    Requires the State Board of Education to recommend steps necessary to transition to a competency-based assessment and teaching model for all elementary and secondary students. Sets out objectives that must be met by the transition steps. Requires a report to the specified NCGA committee by May 15, 2020.

    Part II.

    Enacts GS 115C-47(64) (regarding local boards of education), GS 115C-218.75(g) (regarding charter schools), GS 115C-238.66(14) (regarding regional schools), GS 116-239.8(b)(17) (regarding laboratory schools), and Section 6(d)(2)p. of SL 2018-32 (regarding renewal school systems) to require that each respective authority adopt and implement a suicide risk referral protocol and a mental health training program for school personnel who work directly with students in grades K-12, as required by GS 115C-375.11, as enacted. 

    Changes the title of GS Chapter 115C, Article 25A, to Special Medical Needs and Mental Health Needs of Students.

    Enacts new GS 115C-375.11 requiring public school units, by July 1, 2020, to adopt and implement a suicide risk referral protocol for school personnel working with students in grades K-12. Requires the protocol to: (1) inform school personnel of suicide risk referral procedures, including the  provision of training; (2) establish crisis teams; and (3) inform school personnel on how to identify and intervene in appropriate situations. Requires each public school unit to adopt and implement a mental health training program for school personnel working with students in grades K-12. The training program is required to address youth mental health, suicide prevention, substance abuse, sexual abuse prevention, and sex trafficking prevention. Requires periodic review and update of these protocols and training programs. Defines school personnel to mean teachers, instructional support personnel, principals, and assistant principals, and, in the discretion of the public school unit, other school employees who work directly with students in grades K through 12. Provides liability from civil immunity to public school units, its members, employees, designees, agents, or volunteers for loss or damage caused by an act or omission related to providing, participating in, or implementing any component of the suicide risk referral protocol or the mental health training program. 

    Directs the State Board of Education to adopt a school-based model suicide risk referral protocol and model mental health training program to meet the requirements developed by the Superintendent's Working Group on Health and Well Being by December 1, 2020. Requires that the suicide risk referral protocols and mental health training programs be adopted and implemented by the public school units by July 1, 2021. Allows public school units to use the model suicide risk referral protocol and model mental health training program developed by the State Board of Education, modify the State Board of Education models, or develop their own models. 

    Part III.

    Enacts GS 115C-47(65) (concerning local boards of education), GS 115C-218.75(h) (concerning charter schools), GS 115C-238.66(15) (regarding regional schools), and GS 116-239.8(b)(18) (regarding laboratory schools) to require each entity to adopt and implement a dating violence and abuse policy that defines dating violence and abuse, prohibits dating violence and abuse by any student on school property, provides procedures for responding to incidents of dating violence or abuse, and is implemented in a manner that is integrated with the discipline policies of the school. Amends specified statutes to require each public school, charter school, regional school, and laboratory school to teach about dating violence and abuse, and specifically requires regional schools and laboratory schools to incorporate dating violence and abuse instruction into the school's reproductive health and safety program if it has one.

    Requires each entity required to adopt and implement a policy against dating violence and abuse by July 1, 2020, and requires each entity required to provide instruction on dating violence and abuse to do so beginning with the 2020-21 school year. 

    Part IV.

    Effective when the act becomes law, unless otherwise provided.

    Makes conforming changes to the act's titles. 


  • Summary date: Apr 10 2019 - View Summary

    Senate committee substitute makes a technical change to the 1st edition.


  • Summary date: Apr 2 2019 - View Summary

    Includes whereas clauses.

    Directs local boards of education to repeal any student discipline policies based on a specified set of six federally promulgated statements of policy or guidance that were issued on January 8, 2014, but withdrawn on December 21, 2018, and to adopt new student discipline policies in accordance with local standards of conduct.

    Mandates that new student discipline policies comply with all applicable state and federal statutory and constitutional nondiscrimination requirements.

    Amends GS 115C-390.2(a) to require local boards of education to consult with teachers, school-based administrators, parents, and local law enforcement agencies when adopting student discipline policies, and that the policies be based on local standards of conduct that do not necessarily have to be consistent with interpretations of federal law that have been withdrawn by federal agencies.  

    Amends GS 115C-390.2 to add new subsection (a1) requiring each local board of education to provide the Department of Education with a copy of its most up-to-date student discipline policy no later than September 1 of each year.

    Applies beginning with 2019-20 school year.  The sections regarding new student discipline policies apply to policies adopted on or after the effective date of this act.