Bill H.4655

FILED ON: 5/15/2024

HOUSE . . . . . . . . . . . . . . . No. 4655

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act establishing a child and adolescent behavioral health implementation coordinating council.

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

SECTION 1. Chapter 19 of the General Laws is hereby amended by inserting after section 23 the following section:-

Section 23A. (a) For the purposes of this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:

“Comprehensive school based behavioral health system”, a collaboration between school professionals and community partners to create a positive school climate, foster social and emotional development and promote mental health and wellbeing, while reducing the prevalence and severity of mental illness by providing a range of behavioral health promotion, prevention and intervention programs and interventions.

“Multi-tiered system of supports”, a framework for providing behavioral health promotion and prevention programs, services and support for the entire student population and providing more acute intervention and support for the students that need them.

(b) The department shall, in collaboration with the department of elementary and secondary education and the Behavioral Health Integrated Resources for Children Project within the University of Massachusetts at Boston, establish a school based behavioral health implementation coordinating council within, but not subject to control of, the Children’s Behavioral Health Research Center established under section 23 of chapter 19. The council shall advise the governor, the general court, the secretary of education and the secretary of health and human services, and provide guidance to districts on the implementation of a statewide comprehensive school based behavioral health system within a multi-tiered system of supports framework to provide equitable access to behavioral health promotion, prevention and intervention services and supports in each school district.

(i) The council shall be composed of the following 11 members: (A) the following 3 members, who shall serve ex officio: the commissioner of mental health or a designee, who shall serve as co-chair, the commissioner of elementary and secondary education or a designee, who shall serve as co-chair and a representative of the technical assistance center established under section 16FF of chapter 6A; and (B) the following 8 members to be appointed by the co-chairs: 1 member representative of school based behavioral health professionals, 1 member representing school administrators, 1 member representing teachers, 1 member a representing school nurses, 1 member representing pediatricians, 1 member representing community-based child behavioral health providers, 1 member representing parents and caregivers of students with behavioral health needs and 1 member representing the student stakeholder advisory committee convened by the office of behavioral health promotion established under section 16DD of said chapter 6A.

The co-chairs shall make an effort to ensure that to the extent possible the council members represent the diversity of children and adolescents in the commonwealth including race, ethnicity, gender and gender identity, sexual orientation and geographic region.

(ii) The term for members appointed by the co-chairs shall be 3 years. Upon the expiration of a term, the co-chairs may appoint such a member to an additional term at their discretion; provided, however, that such a member who resigns or is not appointed to a new term may serve until a successor has been appointed; and provided further, that if a vacancy exists prior to the expiration of a term, another member shall be appointed to complete the unexpired term.

(iii) The co-chairs may appoint other state agency staff or community members on a permanent or ad hoc basis as necessary to fulfill the purpose of the council.

(c) Within 6 months of its first meeting, the council shall develop a 3 year statewide plan for rapidly implementing a comprehensive school based behavioral health system within a multi-tiered system of supports framework. The plan shall set forth goals and benchmarks for key elements of comprehensive school based behavioral health system implementation, including workforce expansion and retention, access to training and professional development, use of evidence-based practices and evaluation and outcome data specifications to include measures for identifying disparities in access for particular subgroups of students. The plan shall also include, but not be limited to, strategies for cross sector engagement and mechanisms for leveraging and coordinating funding and resources across agencies and sectors. The council shall update the plan every 3 years, or more frequently as needed, to ensure quality, promote use of current best practices and address issues of access, including, but not limited to, persistent disparities.

(d) The council shall assist with the development of guidance documents to support schools in operationalizing the comprehensive school based behavioral health statewide plan and to broadly inform school behavioral health policy and practice.

(e) Annually on or before January 1, the council shall a issue a report of its activities and statewide progress toward implementation of comprehensive school based behavioral health systems, including but not limited to recommendations for addressing barriers to implementation and for addressing persistent disparities in access to behavioral health services and supports in schools, to be filed with the governor, the children’s behavioral health advisory council, the secretary of health and human services, the secretary of education, the clerks of the senate and the house of representatives, the joint committee on mental health, substance use and recovery, the joint committee on education and the senate and the house committees on ways and means.

(f) Meetings of the council shall comply with chapter 30A, except that the council may hold executive sessions. No action of the council shall be taken in an executive session.

(g) The members of the council shall receive no compensation, but shall be reimbursed for actual and necessary expenses reasonably incurred in the performance of their duties.

SECTION 2. Chapter 69 of the Generals Laws is hereby amended by inserting after section 1T the following section:-

Section 1U. The department shall provide school districts with a format and metrics and a deadline for annually reporting progress toward implementing a comprehensive school based behavioral health system within a multi-tiered system of supports framework. Not later than September 1 of each year, the department shall provide submitted reports and an aggregate summary of the reports to the school based behavioral health implementation coordinating council established in section 23A of chapter 19.

SECTION 3. Chapter 71 of the General Laws is hereby amended by inserting after section 98 the following section:-

Section 99. On or before September 1, 2026, each school district shall implement a comprehensive school based behavioral health system within a multi-tiered system of supports framework. The department shall collaborate with the department of mental health, the technical assistance center established under section 16FF of chapter 6A and the school based behavioral health implementation coordinating council established under section 23A of chapter 19 to provide guidance and technical assistance to inform and assist implementation. Districts shall report annually on the status of implementation in a manner and form prescribed by the department.