Revision: Jan. 14, 2020, 2:43 p.m.
SB 665 - AS INTRODUCED
SENATE BILL 665
SPONSORS: Sen. Morgan, Dist 23; Sen. Fuller Clark, Dist 21; Sen. Reagan, Dist 17; Sen. Rosenwald, Dist 13; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Hennessey, Dist 5; Sen. Sherman, Dist 24; Rep. Martin, Hills. 23; Rep. Mullen, Hills. 7; Rep. Hennessey, Graf. 1
COMMITTEE: Education and Workforce Development
This bill provides that as part of the system of care for children's mental health under RSA 135-F, the department of education shall assist school districts in using the multi-tiered system of supports for behavioral health and wellness or MTSS-B.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
2 Purpose Statement. The general court recognizes that the ongoing mental health, substance misuse, and child protection crises have taken a significant toll on New Hampshire’s children, families, and taxpayers and New Hampshire schools are challenged daily to support the behavioral health needs of students while promoting academic achievement for all students. In response, many New Hampshire school districts are using an evidenced-based prevention framework to support the behavioral health and wellness of all students, called multi-tiered system of supports for behavioral health and wellness, or MTSS-B. MTSS-B is an integral part of building a coordinated, comprehensive, and community-based system of care as required under RSA 135-F and a key strategy to keep children in their home schools and communities. There is evidence which demonstrates that high-fidelity implementation of the framework is directly correlated with reduced exclusionary discipline shown through reduced student discipline referrals, enhanced overall behavioral health, enhanced attendance, improved academic achievement, and enhanced school climate. The framework does not prescribe a particular strategy or curriculum for school districts, but rather offers school districts the support and ability to choose what works for their own communities.
3 New Subparagraph; System of Care for Children's Mental Health; Characteristics of the System of Care; Use of MTSS-B. Amend RSA 135-F:3, III by inserting after subparagraph (k) the following new subparagraph:
(l) Statewide use of the multi-tiered system of supports for behavioral health and wellness, or MTSS-B, in New Hampshire schools to address New Hampshire students' social, emotional, and behavioral health needs in order to improve students’ educational outcomes and keep students in their home schools and communities. For the purposes of this chapter, a "multi-tiered system of supports for behavioral health and wellness" or "MTSS-B" shall include:
(1) A school wide system of evidence-based behavioral practices for all students;
(2) A targeted system of practices for youth who need additional support; and
(3) A tertiary system of intensive and individualized interventions for students with the greatest behavioral needs.
135-F:5 Duties of Commissioner of the Department of Education. The commissioner of the department of education shall:
I. To the extent possible within existing statutory and budgetary constraints, [modify the policies and practices of the department of education to support establishment of a system of care; and] support the system of care established under this chapter through:
(a) The development of a multi-tiered system of supports for New Hampshire schools and support for school districts implementing MTSS-B through technical assistance and professional development, including the use of external consultation training and coaching services.
(b) Alignment of federal funding to support local school districts implementing a multi-tiered system of support.
(c) Technical assistance to local school districts regarding the use of federal funds to implement and maintain MTSS-B.
(d) Technical assistance to local school districts on the use of research- and data-driven decision-making, organized and shared leadership, support for personnel through embedded professional development, and purposefully planned implementation cycles with continuous evaluation for improvement of outcomes.
II. Develop a plan for full support and participation of the department of education in the establishment and maintenance of a system of care [by the department of health and human services]. Such plan shall be reviewed and amended annually. It shall include sufficient detail to allow compliance with the reporting requirements of RSA 135-F:6, and shall address at least the following elements:
(a) Development of a multi-tiered system of supports in all New Hampshire schools.
(b) System capacity, including workforce sufficiency.
(c) Federal funding participation, including but not limited to [Medicaid waivers and plan amendments] state set-aside funds received from the federal government under the Individuals with Disabilities Education Act (IDEA) and Titles I, II, IVa, and IVb under the Elementary and Secondary Education Act (ESEA).
(d) Changes to statutes, administrative rules, and structure of appropriations, and department policy, practice, and structure.
(e) Projections of cost savings from increased service effectiveness and reductions in costly forms of care and use of such savings to close existing gaps in children's behavioral health services.
(f) Coordination with [the plans and activities of] the commissioner of the department of health and human services to implement the system of care.
(2) Provision of technical assistance to support development of coordinated services by [school districts, other education providers,] area agencies, community mental health centers, and other entities participating in the system of care.
(3) Provision of technical assistance to school districts and other education providers to support implementation of MTSS-B.