TOPIC: Legislation Related to Student Support & Mental Health in Schools
Listed below is information on legislation currently in place or being proposed that focuses on student/learning supports, student support professionals, and mental health in schools in a comprehensive, multifaceted, and integrated way. Also included is enacted and proposed legislation that change school policy related to student/learning supports (e.g., braiding or redeploying funds, infrastructure changes, ending corporal punishment).
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Concerning Child and Adolescent Health
Published in a special issue of the Journal of School Health (February, 2008) and is available for download from the American School Health Association website: http://www.ashaweb.org/journal_schoolhealth.html#legalissue.
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Some Federal Examples
- HR 3419 is entitled the "Reducing Barriers to Learning Act of 2007"
- HR 3407 is entitled the "Positive Behavior for Effective School Act"
- An Information Sheet Regarding Federal Education Legislation (NCLB, IDEA)
- H.R. 4776 Federal Education Legislation (To Amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs)
- H.R. 559 Federal Education Legislation (To Amend the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to States for assistance in hiring additional school-based mental health and student service providers)
- School-based Mental Health Improvement Act, A bill submitted to the Senate by Kennedy and Dominici.
- H.R. 181 Parental Consent Act (To prohibit the use of Federal funds for any universal or mandatory mental health screening program)
- S.3449 A bill to amend the Public Health Service Act to improve the quality and availability of mental health services for children and adolescents. A bill submitted by Sen Christopher Dodd [CT] (introduced 6/6/2006)
- H.R. 856 Federal Youth Coordination Act To establish a Federal Youth Development Council to improve the administration and coordination of Federal programs serving youth, and for other purposes.
Some State Examples
- HB.233(EDU) Preventing harassment, intimidation, or bullying in public schools
- SB.48(EDU) Recommending or refusing psychotropic drugs or certain types of evaluations or treatments for children
- HB 2782 full-day kindergarten; expansion
- SB 1270 school pupils; personal information; disclosure
- HB 2431 schools; parental rights
- SB 1271 schools; Arizona gun safety program
- HB 2111 physical education implementation task force
- HB 2368 school policies; pupils; bullying
- HB 2435 special education; scope; gifted pupils K-12 education; budget.
- SB 1309 school pupils; asthma; self-medication
- SB 2432 extended school year; criteria
- SB 1072 special education; scope; gifted pupils.
- SB 1352 AIMS; special education exceptions
- HB 2050 family literacy programs; requirements
- HB 2435 Kindergarten programs and special departments; special teachers
- HB 1708 Amend Anti-Bullying Policies (§ 6-18-514)
- HB 1387 An act to require public schools to create a parental involvement plan; and for other purposes
- HB 1072 An act to define bullying; to include cyberbullying in public school district antibullying policies; and for other purposes.
- Student Services Plan (§ 6-18-1005)
- HB 2376 An act to create the better chance for school success program
- Proposed Legislation for a Comprehensive Pupil Learning Supports System
- AB 1698 - Truancy
- AB 1685 - 21st Century High School After School Safety and Enrichment for Teens Program
- Corporal Punishment Education Code (§ 49000)
- Primary Intervention Program (§ 4343 - § 4345)
- Comprehensive Health Education Programs (§ 51890)
- School Psychologist Services (§ 49424)
- School Safety Cadre (§ 32270)
- School Safety (§ 35294.21)
- Study of Pupil Personnel Ratios, Services, and Programs
- Child care: state preschool programs (Assembly Bill 172)
- Public School Health Center Program (Assembly Bill 2560)
- Supplementary School Counseling Program (Assembly Bill 1802)
- Corporal Punishment (§ 53A-18)
- School-based primary mental health programs (§ 10-76u)
- Policy on bullying behavior (§ 10-222d)
- Safe learning grant program (§ 10-263e)
- Guiding Principles for Child and Adolescent Mental Health Treatment and Support System
- Healthy Communities, Healthy People Program
- SB 268 An act relating to public school size; including co-teaching as an option to meet the constitutional class size maximums
- SB 1090 Minors/Psychotropic Medication
- SR128 Legislation Prohibits Mental Health Screening for Children
- HR 559 To amend the Elementary and Secondary Edu Act of 1965 to States for assistance in hiring additional school-based mental health
- Comprehensive character education program (§ 20-2-145)
- 'Bullying' means (§ 20-2-751.4)
- Conduct of students during school hours (§ 20-2-751.5)
- Comprehensive Student Support System
- HRS § 302A-1141 (2004) Corporal punishment may not be used against students but reasonable force may be used under specified circumstances
- S.503 A bill to expand Parents as Teacher programs and other quality programs of early childhood home visitation
- HB 1330 Ensuring Success in School Task Force
- SB 850 Programs related to the healthy social and emotional development of children
- HB 438 Gang resistance education
- Children’s Mental Health Act of 2003
- SB 2918 Amends the School Code; increases the compulsory school age from 16 to 17 years of age, with exceptions
- SB Expanding Mental Health Services for Children In State Care
- SB 0285 - Bullying
- House File 873 School sharing and efficiencies in operations process
- Senate File 295 An Act providing that a child who is ten years of age or older, truant, and who refuses to engage in mediation or who violates a truancy mediation agreement commits a delinquent act
- House File 319 An Act to include school nurses, school social workers, counselors, and media specialists in the student achievement and teacher quality program and eliminate a program requirement for an educational license
- House File 406 An Act requiring school districts to publicize higher educational opportunities available to students enrolled in the school district
- House File 258 An Act removing certain barriers between secondary and postsecondary institutions relating to supplementary weighting and postsecondary enrollment options in order to increase opportunities for Iowa's students
- House File 367 An Act relating to the establishment of state and school antiharassment or antibullying policies, providing data collection and reporting requirements, and providing for immunity and other related matters
- Senate File 247 An Act relating to notifying the parent or legal guardian and the school of enrollment if certain persons under legal age are in possession of an alcoholic beverage
- Corporal Punishment
- SB 68 Bullying and Character Development
- HB 2795 Allows students age 16 or 17 to be exempt from compulsory attendance requirements
- HB 145 Truancy
- HB10 Provides that an exemption from compulsory student attendance may be granted
- SB 187 Truancy Assessment Centers
- Student code of conduct (§ 17:416.13)
- Youth development and assistance programs (§ 17:416.17)
- HB 1296 Governor's Task Force to Engage State's Youth
- HB 353 Truancy
- Corporal Punishment
- LD 603 framework for the accommodation of students with disabilities and students with illnesses in the University of Maine System and in the Maine Community College System
- LD 1407 Bill allows municiplities to offer a subsidy to send student to a school other than the public school in the school administrative unit in which the parent or student resides.
- SB 913 An Act concerning Education - Compulsory Attendance and Parental Responsibility -Age Limits
- Corporal Punishment
- Senate No. 358 An act to promote out-of school time programming and community education for children and families in the commonwealth
- Senate No. 353 An act relative to student tutors for the MCAS
- Senate No. 338 An act to preserve quality education in school districts with a desproportionate reduction in enrollment..
- Senate No. 2097 An act relative to school attendance.
- Senate No. 977 An act relative to child safety and information sharing
- Senate No. 1032 An act to protect students and promote school safety
- Senate No. 301 An Act Safe Schools Act
- Senate No. 371 An act to address racial disparities in public schools and promote academic achievement and equitable educational opportunity
- Senate No. 299 Resolve creating a commission to conduct a study to determine the resources necessary to meet state standards
- Senate No. 332 An Act Relative to the youth building program
- Senate No. 316 An Act Relative to School Surveys
- Authorizing School Districts to Use Safe School Levy Funds for School Counselors
- Providing for Student Access to Licensed Student Support Services
- HF 712 Relating to education; enabling sixth through eighth grade students to receive self-defense and conflict resolution training
- SF 2277 Relating to education; providing for early childhood, family, and adult education including early childhood, child care, adult basic education
- HF 2340 Relating to education finance; authorizing planning grants for school readiness projects; appropriating money
- HF 2177 Relating to education; providing for compulsory instruction of children between five and 16 years of age
- HF 1947 Relating to education; clarifying the learning opportunities available through desegregation/integration plans
- HF 1739 Relating to education finance; restoring funding for limited English proficiency programs
- HF 1476 Relating to education; directing school districts to provide antibullying staff development training
- HF 2392 Relating to domestic abuse training; requiring additional training for peace officers, teachers, and school administrators
- HF 2016 Relating to education; authorizing positive behavioral supports, physical intervention, isolation time-outs; authorizing rulemaking
- HF 1960 Relating to education; providing special instruction for prekindergarten children with disabilities
- HF 1759 Relating to early childhood education; expanding early childhood developmental screening; kindergarten readiness assessment
- HF 1426 Relating to education; reestablishing a non-school-hours enrichment grant program; appropriating money
- HF 1221 Allowing a school districts to apply general provisions of the Pupil Fair Dismissal Act to a child whose parents refuse an initial eval
- HF 1572 Relating to education; authorizing a task force to study the delivery and funding of special education.
- SF 1448 Relating to education; providing funding for programs for underserved students; appropriating money
- SF 0581 Expanding educational efforts to prevent unintended pregnancies
- HF 0646 Increasing wholesome after-school activities for youth
- HF 0408 Relating to education; providing for a model policy prohibiting intimidation or bullying
- HF 0014 Relating to education; providing for a model policy prohibiting intimidation or bullying
- SF 1533 Relating to education; directing school districts to provide antibullying staff development training
- HF 1889 Relating to human services; implementing child protection, child care, and family support provisions
- SF 0041 Relating to education; providing for a model policy prohibiting intimidation or bullying
- SF 0536 Relating to education finance; creating an alternative to out-of-school suspension
- SF 1646 Providing assistance to stabilize housing for children to enhance school attendance and performance
- SF 1847 Positive Behavioral Supports, Physical Intervention, and Isolation Time-Outs
- SF 1365 Child Mental Health Screenings and Assessments
- SF 1710 DHS Child Protection, Child Care, and Child and Family Support Provisions Modifications
- SF 423 Methamphetamine Provisions (First Engrossment)
- HF 2245 Parental involvment
- SB 646 Bullying
- Corporal Punishment
- School-Linked Services for At-Risk Children and Youth
- Requiring school districts to adopt a student support services plan
- Broadening the health and safety program to include school safety costs associated with student support services
- Authorizing funding for staff development for school districts with schools not making adequate yearly progress
- House Bill 241 AN ACT To prohibit School districts from maintaining zero tolerance discipline plans
- To enact in lieu thereof four new sections relating to the children's mental health reform act
- Nixa, Missouri Board votes to end corporal punishment
- Corporal Punishment
- Legislative Bill 627 AN ACT relating to schools; to require adoption of bullying policy
- LB 205 Bullying
- Legislative Bill 868 AN ACT relating to compulsory education and truancy
- SB 535 Alternative Programs
- SB 312 Drop out reporting
- AB 485 Attendance Monitoring
- AB 212 High School Reform
- SB 143 School Advisory Council on Parental Involvement
- Corporal Punishment
- Corporal Punishment
- HB619-FN-A Expanding Opportunities for Dropout Prevention and Dropout Recovery.
- Purpose and Intent (§ 193-F:2)
- Pupil Safety and Violence Prevention (§ 193-F:3)
- SB 2975 Bullying
- SB 993 Bullying
- Adoption of Harassment, Intimidation and Bullying Policies (§ 18A:37-13 through 18A:37-17)
- The Children's Mental Health Act of 2006 (Amends Section 305 of the Education Law by adding a new subdivision 35.)
- AB 1132 Amends the education law, in relation to recommendations for and refusal of the use of psychotropic drugs by children
- Dignity For All Students Act (§ 2801-a)
- SB No. S 1925-2003 "Dignity For All Students Act"
- Corporal Punishment
- Coordination of Children's Services/Study
- Duties of School Counselors
- SB 1030 Program to Strengthen Middle Grades
- School Counselors & Dropout Prevention/Study
- Alternative Education Challenge Grant Program
- Establishes nutritional standards for food sold to students in public elementary schools
- Permits districts and nonpublic schools to count time that schools are in session beyond the required minimum number of hours on or after February 1, 2005, in order to make up "calamity days" missed during school year
- School Bullying Prevention Act (§ 24-100.3)
- Control and discipline of child (§ 24-100.4)
- Safe School Committees (§ 24-100.5)
- Board of the Multnomah ESD - Learning Supports to Enhance Achievement
- Harassment, Intimidation and Bullying (§ 339.351, 339.353, 339.356, 339.359, 339.362, 339.364)
- Providing for reforms in pilot school districts designed to reduce or eliminate school violence
- Bullying and Student Intimidation Prevention Plan
- An act relating to education -- Rhode Island literacy and dropout prevention act
- Requirements of school safety plans (§ 16-21-24)
- Student discipline codes (§ 16-21-26)
- HB 5351 Creates the Rhode Island High School Dropout Prevention Act of 2007
Alabama
Alaska
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Pending
Arizona
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Died/Vetoed
Pending
Passed
Arkansas
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Pending
Passed
California
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Pending
Passed
Colorado
Connecticut
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Passed
Delaware
Florida
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Passed
Georgia
-
Pending
Passed
Guam
Hawaii
-
Passed
Idaho
Illinois
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Pending
Passed
Indiana
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Passed
Iowa
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Pending
Passed
Kansas
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Passed
Kentucky
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Passed
Louisiana
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Passed
Maine
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Passed
Maryland
-
Pending
Massachusetts
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Passed
Michigan
Minnesota
-
Pending
Passed
Mississippi
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Passed
Missouri
-
Pending
Passed
Montana
Nebraska
-
Pending
Nevada
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Passed
New Hampshire
Passed
New Jersey
-
Passed
New Mexico
New York
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Passed
North Dakota
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Passed
North Carolina
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Pending
Passed
Ohio
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Passed
Oklahoma
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Passed
Oregon
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Pending
Pennsylvania
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Passed
Rhode Island
Passed
South Carolina
South Dakota
Tennessee
Texas
Children's Mental Health in Texas: A State of the State Report
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Passed
- HB 2237 Establishes the High School Completion and Success Initiative
- A bill to ban corporal punishment in Texas schools
- HB 531 Relating to protecting of private family information of children attending public schools
- Relating to a school district policy concerning the use of school counselors' work time
- HB 283 Relating to admission, assignment and conduct of certain public school students
- HB 870 relating to an optional flexible school day program for students in grades nine through twelve who are at-risk of dropping out.
- SB 1357 An Act relating to local school health advisory councils, health education instruction, and coordinated health programs for elementary school students
- HB 238 An Act relating to a pilot program designed to improve educational services in participating school districts
- HB 465 Relating to the use of the special education allotment to fund Saturday classes for certain students.
- HB 509 Relating to the compulsory school attendance age
- HB 569 Relating to a maximum class size for certain public school students who perform poorly on an assessment instrument
- SB 1703 An Act providing children mental health and substance abuse services, including school-based services
- SB 126 Relating to discipline of public school students
- SB 152 Relating to prevention of and education concerning bullying in public schools
- SCR 1 requests the Lt. Gov. appoint an interim committee to examine the impact of testing programs, teacher morale & students’ motivation to learn
- HB 627 Relating to the compensatory education and bilingual education allotments under the foundation school programs
- HB 745 Relating to free prekindergarten programs for certain children
- HB 889 Relating to the optional flexible year program for public school students who fail to perform satisfactorily on an assessment instrument
- HB 1246 relating to eligibility for enrollment in public school prekindergarten classes
- HB 1263 Relating to an urban school choice pilot program for certain public school students
- HB 1805 Relating to the provision of alcohol and substance abuse programs by school districts
- HB 2578 Relating to providing the national free or reduced-price breakfast and lunch program to a greater number of public school students
- HB 2605 Relating to eligibility of children with learning disabilities for free public prekindergarten classes
- HB 2805 Relating to an early college education program to provide at-risk and other students accelerated high school graduation and college credit
- HB 3211 Relating to the availability of free prekindergarten programs in public schools
- HB 3377 Relating to a kindergarten-plus program for certain children
- SB 124 Relating to a review of the rule concerning the content of individual education programs for students with pervasive developmental disorders
- SB 221 Relating to the possession and self-administration of certain prescription medications by students while on school property or at a school-related event
- SB 1703 Relating to providing children mental health and substance abuse services, including school-based services
Pending
Utah
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Passed
- HB 371 Parental Consent for Health Care
- Amendment provides a definition of bullying, updates authority and purpose, provides for bullying language in the District and School Plans section, and removes outdated language
Vermont
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Pending
- Harassment and hazing prevention policies (§ 565)
- HB 074 PSYCHOTROPIC DRUGS AND SPECIAL NEEDS SERVICES FOR CHILDREN
- Corporal Punishment
- Student discipline codes (§ 11)
- Standards of quality for public schools (§ 165)
- Discipline (§ 1161a)
Passed
Virginia
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Pending
- Reading to learn (§ 22.1-208.1)
- Reports of certain acts to school authorities (§ 22.1-279.3:1)
- Civil immunity for teachers under certain circumstances (§ 8.01-220.1:2)
- Corporal Punishment
- HB 1326 Strengthens the mechanism for enforcement of the compulsory school attendance law
Passed
Washington
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Pending
- Harassment, intimidation, and bullying prevention policies (§ 28A.300.285)
- Reporting of harassment, intimidation, or bullying (§ 28A.600.480)
- SB 5830 Home visitation
- HB 1573 Dropout Prevention
- SB 5288 Bullying
- Corporal Punishment
Passed
West Virginia
Wisconsin
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Passed
- Corporal Punishment (118.31)
Wyoming
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Passed
- SB 34 Emotional Development
Other Center Related Links
- Quick Find: Guidelines, Frameworks, & Standards (has some related material)
Note: Obviously, there is a wide range of legislative activity focused on specific problems and programs related to such matters as bullying and violence, substance abuse, safe schools, before- and after-school, alternative education, parent involvement, service learning, and so forth. Good resources for searching for and tracking such legislation are:
- Education Commission of the States
- Recent State Policies/Activities
See "States and Territories"
- StateNotes and Online Databases
http://www.ecs.org/ecsmain.asp?page=/html/educationIssues/ECSStateNotes.asp - State Class-size Reduction Measures
http://www.ecs.org/clearinghouse/59/18/5918.htm
- Recent State Policies/Activities
- the Legislative Education Summary Service (LESS) which is accessed on the website of the National Conference of State Legislators http://www.ncsl.org/programs/educ/educ_leg.cfm
- U.S. Dept. of Education Legislative Update Page
We hope these resources met your needs. If not, feel free to contact us for further assistance.For additional resources related to this topic, use our search page to find people, organizations, websites and documents. You may also go to our technical assistance page for more specific technical assistance requests.
If you haven't done so, you may want to contact our sister center, the Center for School Mental Health at the University of Maryland at Baltimore.
If our website has been helpful, we are pleased and encourage you to use our site or contact our Center in the future. At the same time, you can do your own technical assistance with "The fine Art of Fishing" which we have developed as an aid for do-it-yourself technical assistance.