HOUSE DOCKET, NO. 3722        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 577

The Commonwealth of Massachusetts

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PRESENTED BY:

Chynah Tyler

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act promoting trauma informed supports in schools.

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PETITION OF:

HOUSE DOCKET, NO. 3722        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 577

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act promoting trauma informed supports in schools.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 71 of the General Laws is hereby amended by striking out section 37Q and inserting in place thereof the following section:-

Section 37Q. (a) As used in this section the following words shall have the following meanings, unless the context clearly requires otherwise:

''Approved private day or residential school'', a school that accepts, through agreement with a school committee, a child requiring special education pursuant to section 10 of chapter 71B.

''Charter school'', commonwealth charter schools and Horace Mann charter schools established pursuant to section 89.

''Collaborative school'', a school operated by an educational collaborative established pursuant to section 4E of chapter 40.

''Counselor to student ratio'', licensed school counselors, social workers and/or school trauma specialists who by license and assignment are identified as school counselors, social workers and/or school trauma specialists for students on September 1 of each year compared to the student enrollment on September 1 of each year.

''Plan'', a mental health support plan established pursuant to subsection (b).

''School counselor'', an individual who has documented competence in counseling children and adolescents in a school setting who –

i.Holds a minimum of a bachelor’s degree with a major in counseling.

ii.Has completed course work and clinical experience that demonstrates subject matter knowledge as outlined in the Subject Matter Knowledge Guidelines, including, but not limited to:

(1)principles of therapeutic relationships;

(2)theories of normal and abnormal intellectual, social, and emotional development;

(3)learning disorders, including emotional issues affecting student achievement, and their treatment;

(4)prevention and treatment of substance abuse, physical and sexual abuse, and violence in PreK-12 students;

(5)knowledge of state-of-the-art diagnostic instruments;

(6)procedures for testing and interpreting results;

(7)techniques for communicating and working with families and school and community personnel;

(8)knowledge of the criminal justice system with particular reference to the juvenile justice system and organizations;

(9)knowledge of medical conditions and medication related to physical disabilities and learning disorders;

(10)knowledge of trauma informed care;

(11)knowledge of cultural competence; and

(12)federal and state laws and regulations addressing the legal rights of students and families;

iii.Has completed a practicum of 450 hours in an educational setting;

iv.Obtains a passing score on the Communication and Literacy Skills test.

''School district'', the school department of a city or town, a regional school district or a county agricultural school.

''School social worker'', an individual who –

i.holds a minimum of a master’s degree in social work or counseling.

ii.has completed course work and clinical experience that demonstrates subject matter knowledge as outlined in the Subject Matter Knowledge Guidelines, including, but not limited to:

(i)principles of therapeutic relationships;

(ii)theories of normal and abnormal intellectual, social, and emotional development;

(iii)learning disorders, including emotional issues affecting student achievement, and their treatment;

(iv)prevention and treatment of substance abuse, physical and sexual abuse, and violence in PreK-12 students,

(v)knowledge of state-of-the-art diagnostic instruments; procedures for testing and interpreting results;

(vi)techniques for communicating and working with families and school and community personnel;

(vii)knowledge of the criminal justice system with particular reference to the juvenile justice system and organizations;

(viii)knowledge of medical conditions and medication related to physical disabilities and learning disorders;

(ix)knowledge of trauma informed care;

(x)knowledge of cultural competence; and

(xi)federal and state laws and regulations addressing the legal rights of students and families;

iii.Has completed a practicum of 900 hours, 450 of which must be working with children, adolescents, and families in an educational setting; and

iv.Obtains a passing score on the Communication and Literacy Skills test.

“School Trauma Specialist”, an individual who-

i.Holds a minimum of a high school diploma and certificate in Psychological First Aid.

ii. Has completed relevant training and trauma response experience that demonstrates subject matter knowledge, including, but not limited to:

(i)knowledge of trauma informed care;

(ii)knowledge of healing centered engagement;

(iii)knowledge of cultural competence;

(iv)knowledge of the support and tools necessary for recovery from trauma and return to normal experience;

(v)knowledge of social and emotional development;

(vi)knowledge of the criminal justice system with particular reference to the juvenile justice system;

(vii)knowledge of impacts of trauma in urban environments;

(viii)knowledge of how trauma impacts learning;

(ix)knowledge to holistic approaches to foster well-being of children and/or adolescents; and

v.Has worked a minimum of 2 years with children and/or adolescents who have experienced trauma.

(b) Each school district, charter school, approved private day or residential school and collaborative school shall develop and adhere to a plan to address the general mental health needs of its students, including the students' families, teachers and school administrators. Each plan shall also address the potential need for emergency and acute treatment for students, including the students' families, teachers and school administrators as a result of a tragedy or crisis within the district or school. Each plan shall include employing or contracting school counselors or social workers; Each plan shall also include employing or contracting school trauma specialist in school districts, charter schools, approved private day or residential schools and collaborative schools in which majority of students are low income; to:

(i)deliver responsive services related to identification and placement of children with trauma and other handicapping conditions into the appropriate programs for support; services should complement and coordinate with existing school, familial, and community programs.

(ii)provide preventative, intervention, developmental, social, emotional and resolution counseling or supports to students when appropriate programs and resources are not available.

(iii)create training for teachers relative to the identification and care of students suspected of experiencing trauma or other handicapping conditions.

(iv)offer consultations to parents to develop their understanding of student growth and development problems and how some non-school factors affect the learning and achievement of their children.

School counselors, social workers or school trauma specialists shall spend the majority of their time in providing the direct counseling or supports to students, parents, and faculty. Responsibilities of the school counselor shall not include clerical duties, substitute teaching, and other related administrative functions outside the scope of a school counselor’s, social worker’s or trauma specialist purview.

Before September 1 of each year, each school district, charter school, approved private day or residential school and collaborative school shall review and update its plan to achieve best practices.              

(c) The department of elementary and secondary education shall promulgate rules or regulations necessary to carry out this section; provided, however, that each school district, charter school, approved private day or residential school and collaborative school shall provide school counselors, social workers, or school trauma specialists at the following counselor to student ratio: (a) For elementary schools, one (1) school counselor for five hundred (500) students enrolled in grades K-5; (b) For middle schools, one (1) school counselor for every two hundred and fifty (250) students enrolled in grades 6 through 8; (c) For high schools, one (1) school counselor for every two hundred and fifty (250) students enrolled in grades 9 through 12.

(d) No student shall be required to participate in any plan to which the student’s parents object.

(e) Each school district, charter school, approved private day or residential school and collaborative school shall demonstrate the effectiveness of their plan through a summary report of student performance in achievement, attendance, and behavior to the local school board at least once a year.

(f) Each school counselor, social workers, and school trauma specialists shall be evaluated on knowledge, abilities, skills and attitudes necessary to plan, organize, implement and self-evaluate the implementation of each plan.

(g) Any school district, charter school, approved private day or residential school or collaborative school may request a waiver from the Massachusetts Department of Elementary and Secondary Education of the counselor to student ratio requirements, provided that the school district, charter school, approved private day or residential school or collaborative school provides:

(i)Data to the Massachusetts Department of Elementary and Secondary Education proving that the intent of this section is being fulfilled by an alternative program model.

(ii)Evidence of its use of the Behavioral Health and Public Schools Self-Assessment Tool for Schools for the self-assessment of current activities and strategies that the staff and programs in the respective school district, charter school, approved private day or residential school or collaborative school in to create a supportive school environment at a minimum of once-per-year.

(h) No public employer shall be liable for injury, loss of property, personal injury or death caused by an act or omission of a public employee while acting in the scope of the public employee's employment and arising out of the implementation of this section.

(i) This section shall not be construed as creating or imposing a specific duty of care.