§ 22-102-105 — Implementation of pilot program

(1) In the first and
subsequent years of operation of the pilot program, each pilot school shall employ
or contract with additional school mental health professionals so that each of
grades one through five and the kindergarten program in each pilot school has a
school mental health professional dedicated to each grade and the kindergarten
program. If a single grade or the kindergarten program has more than two hundred
fifty students, additional school mental health professionals must be added to the
grade or kindergarten program to maintain a ratio of approximately one school
mental health professional per two hundred fifty students, as determined by the
pilot school. A small pilot school shall maintain a ratio of approximately one school
mental health professional per two hundred fifty students, as determined by the
pilot school. At least one of the school mental health professionals at each pilot
school must be a school social worker.

(2) The goal of the pilot program is for a school mental health professional to
develop an ongoing relationship with pilot school students and to follow those
students, to the extent possible, as the students advance through the grades at the
pilot school. This will allow the school mental health professional to understand the
needs of the students and their families over time and to help address those needs
over time, if necessary. To achieve this goal, school mental health professionals
may be assigned to a cohort of students by grade or, in a smaller school, by
multiple grades. School mental health professionals in each pilot school shall work
as a team to address the academic and social-emotional needs of the pilot school's
students and to create a safe and positive school learning environment through
additional behavioral health supports.

(3) Throughout the duration of the pilot program, the pilot school must
employ or contract with, at the pilot school's expense, the same number of school
mental health professionals employed by or contracted with the pilot school during
the school year immediately preceding the first year of implementation of the pilot
program so that additional money for the pilot program supplements, but does not
supplant, the pilot school's existing expenditures for school mental health
professional positions prior to the operation of the pilot program.

(4) (a) In implementing the pilot program, the school mental health
professionals shall work as a team, with each professional providing services to
students and offering training and resources to school faculty and administrators
who are authorized under the school mental health professional's authorization or
the professional's license and endorsement.

(b) In addition, school mental health professionals shall, consistent with the
school mental health professional's job duties and licensure:

(I) Provide the school with resources to develop and improve the social and
emotional health of students, including resources translated into the primary
languages of the student population to the extent possible, and create a safe and
positive learning environment through additional behavioral health supports; and

(II) Provide social and emotional skill building in the school and with students
in the classroom.

(c) School mental health professionals may, consistent with the school
mental health professional's job duties and licensure:

(I) Assist students and their families with applying for and obtaining
necessary public benefits for which each student and the student's family is
eligible;

(II) Provide services and supports to students who have an individualized
education program, as provided in section 22-20-108;

(III) Consult and coordinate with other school professionals on behalf of
students and support families accessing community-based resources as needed
and appropriate; and

(IV) Identify food insecurity, homelessness, and other issues affecting
students and make referrals to services within the community, bringing those
services into the school setting where possible.

(d) As appropriate, and to the extent possible, the school mental health
professional must provide services or arrange for services to be provided for
students at the school and during school hours or when student busing is available.

(e) Services provided by the school mental health professional to the student
must include the student's family and household, where appropriate. The school
mental health professional is specifically authorized to make home visits when
appropriate under the circumstances and consistent with licensure.

(5) Each pilot school's team of school mental health professionals shall
participate in the school's or school district's multi-tiered systems of support
process to assist in developing appropriate plans for the mental health and
behavioral needs of individual students.

(6) Each pilot school, or each pilot school's governing body, where
appropriate, shall collect, transmit, and retain any data and information necessary
for the evaluation of the pilot program pursuant to section 22-102-106. Each pilot
school shall record the unique student identifier, as defined in section 22-16-103,
for all students enrolled in the pilot school.

(7) A student who is home-schooled but who participates in extracurricular
activities or athletic programs at a school that is selected as a pilot school is
excluded from any data collection or reporting requirements pursuant to this article
102.

Legislative History

Source: L. 2019: Entire article added, (HB 19-1017), ch. 156, p. 1849, � 1, effective August 2. L. 2020: (3) amended, (HB 20-1418), ch. 197, p. 943, � 9, effective June 30. L. 2022: (4)(a) amended, (HB 22-1390), ch. 237, p. 1750, � 17, effective May 26.