PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1044
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-119, to read:
15-119. Safe schools plans; models; required postings; immunity
A. Beginning in the 2022-2023 school year, each school district AND CHARTER SCHOOL shall adopt a safe schools plan pursuant to this section to include indicators of possible substance abuse, violence and youth suicide.
B. A safe schools plan adopted pursuant to this section shall require that, unless a school district or charter school determines that a student poses an IMMINENT danger to self or to other persons, the school district or charter school shall notify and obtain consent from a parent or guardian before referring the student to a third-party, independent or offsite health care professional for screening, evaluation or treatment pursuant to this section.
C. Each school district and charter school shall annually provide its safe schools plan to all persons employed by the school district AND CHARTER SCHOOL.
D. A safe schools plan adopted pursuant to this section may be a separate plan or a component of a broader plan or policy.
E. On or before july 1, 2021, The Superintendent of Public Instruction shall develop and post on the website of the department of education a model safe schools plan along with relevant resources and information to support school districts and charter schools in developing, adopting and implementing their safe schools plans.
F. THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL DEVELOP AND POST ON THE WEBSITE OF THE DEPARTMENT OF EDUCATION A MODEL MEMORANDUM OF UNDERSTANDING BETWEEN A SCHOOL DISTRICT OR CHARTER school AND A MENTAL HEALTH OR BEHAVIORAL HEALTH ENTITY IN THE COMMUNITY to refer and treat students in need of behavioral health services.
G. The Superintendent of public instruction shall annually post on the website of the department of education a list of resources BY COUNTY, including community-based organizations, that provide support to youth. The superintendent shall annually update and post the information prescribed in this subsection.
H. school personnel, entities or any other persons are not civilly or criminally liable for any actions taken in good faith pursuant to this section.
Sec. 2. Safe schools plan task force; duties; report; delayed repeal
A. On or before December 31, 2019, the superintendent of public instruction shall establish a safe schools plan task force within the department of education to identity best practices, model programs and successful strategies for school districts and charter schools to form partnerships with qualified health, mental health and social services agencies in the community to coordinate and improve support for youth in need and improve mental health supports in public schools.
B. The task force shall include at least the following members who are appointed by the superintendent of public instruction:
1. Students and representatives of student organizations.
2. Administrators.
3. School board members.
4. Counselors.
5. Licensed mental health professionals.
6. Law enforcement officers.
7. Teachers.
8. A representative from the Arizona health care cost containment system who has experience in youth behavioral and mental health.
9. Two representatives from mental health providers that have existing partnerships with schools, one of which is located in a county with a population of at least three hundred seventy‑five thousand persons and one of which is located in a county with a population of less than three hundred seventy‑five thousand persons.
C. The task force shall:
1. Explore the potential use of advanced online youth emotional health and crisis response systems that have been developed for use in other states and countries.
2. Suggest to all school district governing boards and charter school governing bodies a safe schools plan that includes at least the following:
(a) Reliable protocols and procedures for communicating with parents and guardians.
(b) Training opportunities for school staff in recognition, screening and referral.
(c) A description of how staff should respond to suspicions, concerns or warning signs of emotional or behavioral distress in students.
(d) A description of how staff should respond to a crisis situation in which a student is an imminent danger to self or to other students or persons.
(e) A description of how the school district or charter school will provide support to students and staff after an incident of violence or youth suicide.
3. Identify and develop partnerships with community organizations and agencies to refer students, including students without private health insurance, for health, mental health, substance abuse and social support services.
4. Make recommendations on how current state and federal programs that provide funding for mental health services can assist students and examine whether current state or federal laws, rules and regulations prohibit making the best use of those programs for students.
5. Identify and make recommendations to address barriers to accessing treatment for students, especially in rural and remote areas of the state.
6. Identify potential resource documents to access mental health and substance abuse supports, including online crisis systems, and post these documents on the department of education's website.
7. Explore the potential use of advanced online youth emotional health and crisis response systems that have been developed for use in other states and countries.
8. Beginning December 31, 2020, annually submit a report to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the senate education committee and the chairperson of the house of representatives education committee that includes the task force's findings, conclusions and recommendations. The task force shall submit a copy of this report to the secretary of state.
D. This section is repealed from and after December 31, 2024."
Amend title to conform