Bill Text: NY A06804 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to improving student mental health and mental health literacy in institutions of higher education in the state; requires the amendment or adoption of related protocols, policies and programs in SUNY, CUNY and independent institutions of higher education.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-02-02 - print number 6804a [A06804 Detail]

Download: New_York-2023-A06804-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6804--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M.  of A. GUNTHER, FAHY -- read once and referred to the
          Committee on Higher Education -- recommitted to the Committee on High-
          er Education in accordance with Assembly Rule 3, sec. 2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the  education law, in relation to improving student
          mental health and mental health literacy  in  institutions  of  higher
          education  in  the  state,  and requiring the amendment or adoption of
          related protocols and policies of SUNY, CUNY  and  independent  insti-
          tutions of higher education

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 362 to
     2  read as follows:
     3    § 362. Student mental health. 1.  The state university shall take  the
     4  following actions regarding student mental health needs:
     5    (a)  (i)  review,  amend  and  publish  various protocols and policies
     6  intended to improve the mental health of  students,  to  improve  mental
     7  health  literacy  among  students  and  staff,  and  to establish parity
     8  between physical and mental health, including reasonable accommodations,
     9  whenever possible and appropriate;
    10    (ii) review, amend  and  publish  enrollment,  re-enrollment,  medical
    11  leave  of absence, voluntary and involuntary leave and termination poli-
    12  cies of the state university and create specific provisions for students
    13  experiencing mental health  issues  or  crises,  that  are  intended  to
    14  improve  responses  to  the  mental health needs and crises of students,
    15  improve suicide prevention and intervention, provide flexible  voluntary
    16  leave  opportunities,  provide  individualized  student assessments with
    17  consideration of reasonable requests by students and appropriate  defer-
    18  ence  to their treating providers, and provide reasonable accommodations

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10931-02-4

        A. 6804--A                          2

     1  to avoid extended involuntary leave or  termination,  whenever  possible
     2  and appropriate;
     3    (b)  include a mental health section in orientation programs for newly
     4  enrolled students intended  to  enhance  mental  health  literacy  among
     5  students,  to  increase  knowledge  about mental health and help-seeking
     6  behaviors, and to reduce stigma;
     7    (c) all full-time faculty, administrators, athletic coaches,  student-
     8  facing  and support staff, including adjunct professors of the universi-
     9  ty, shall be required to receive mental health training on mental health
    10  literacy, relevant disability law, reduction of  stigma  training,  best
    11  practices  regarding  reasonable accommodations for students with mental
    12  health needs, and recognizing signs of mental  distress  among  students
    13  and  recommended  follow-up  safety  actions. All such training shall be
    14  provided in a culturally competent manner. Staff shall  receive  initial
    15  training within one year of the effective date of this section, or with-
    16  in  one  year  after the date upon which they commence employment at the
    17  university, with refresher  training  required  within  each  three-year
    18  period  thereafter.  The chancellor of the state university, in conjunc-
    19  tion with the commissioner, shall prescribe the form and manner in which
    20  such training shall be provided; and
    21    (d) institute other programs intended to address and  improve  student
    22  mental health.
    23    2. The state university and the department shall research, review, and
    24  publish  model  protocols  and  policies, that may be adopted and imple-
    25  mented by colleges and universities under their jurisdiction, to  imple-
    26  ment the provisions of subdivision one of this section.
    27    § 2. The education law is amended by adding a new section 6235 to read
    28  as follows:
    29    §  6235. Student mental health. 1.  The city university shall take the
    30  following actions regarding student mental health:
    31    (a) (i) review, amend  and  publish  various  protocols  and  policies
    32  intended  to  improve  the  mental health of students, to improve mental
    33  health literacy among  students  and  staff,  and  to  establish  parity
    34  between physical and mental health, including reasonable accommodations,
    35  whenever possible and appropriate;
    36    (ii)  review,  amend  and  publish  enrollment, re-enrollment, medical
    37  leave of absence, voluntary and involuntary leave and termination  poli-
    38  cies  of the city university and create specific provisions for students
    39  experiencing mental health  issues  or  crises,  that  are  intended  to
    40  improve  responses  to  the  mental health needs and crises of students,
    41  improve suicide prevention and intervention, provide flexible  voluntary
    42  leave  opportunities,  provide  individualized  student assessments with
    43  consideration of reasonable requests by students and appropriate  defer-
    44  ence  to their treating providers, and provide reasonable accommodations
    45  to avoid extended involuntary leave or  termination,  whenever  possible
    46  and appropriate;
    47    (b)  include a mental health section in orientation programs for newly
    48  enrolled students intended  to  enhance  mental  health  literacy  among
    49  students,  to  increase  knowledge  about mental health and help-seeking
    50  behaviors, and to reduce stigma;
    51    (c) all full-time faculty, administrators, athletic coaches,  student-
    52  facing  and  support  staff,  including  adjunct  professors of the city
    53  university, shall be required  to  receive  mental  health  training  on
    54  mental  health  literacy,  relevant  disability law, reduction of stigma
    55  training,  best  practices  regarding  reasonable   accommodations   for
    56  students  with  mental  health  needs,  and  recognizing signs of mental

        A. 6804--A                          3

     1  distress among students and recommended follow-up  safety  actions.  All
     2  such  training shall be provided in a culturally competent manner. Staff
     3  shall receive initial training within one year of the effective date  of
     4  this section, or within one year after the date upon which they commence
     5  employment  at  the  city  university,  with refresher training required
     6  within each three-year period thereafter. The  chancellor  of  the  city
     7  university,  in  conjunction  with the commissioner, shall prescribe the
     8  form and manner in which such training shall be provided; and
     9    (d) institute other programs intended to address and  improve  student
    10  mental health.
    11    2.  The city university and the department shall research, review, and
    12  publish model protocols and policies, that may  be  adopted  and  imple-
    13  mented  by colleges and universities under their jurisdiction, to imple-
    14  ment the provisions of subdivision one of this section.
    15    § 3. The education law is amended by adding a  new  section  237-a  to
    16  read as follows:
    17    § 237-a. Student mental health, mental health literacy and training in
    18  master  plans  of  independent  institutions of higher education. 1. The
    19  regents plan for higher education, required to be developed  and  trans-
    20  mitted  pursuant  to  section two hundred thirty-seven of this part, and
    21  approved master plans of independent institutions  of  higher  education
    22  shall  include  protocols  and  policies  intended to improve the mental
    23  health of students,  improve  mental  health  literacy  among  students,
    24  faculty  and  support  staff,  and establish parity between physical and
    25  mental health, including reasonable  accommodations,  whenever  possible
    26  and  appropriate.  The regents plan shall also require such institutions
    27  to review, amend and publish enrollment, re-enrollment, medical leave of
    28  absence, voluntary and involuntary leave, and termination  policies  for
    29  students  experiencing mental health issues or crises; improve responses
    30  to mental health needs and crises; review and improve suicide prevention
    31  and intervention policies; and provide appropriate staff training to all
    32  full-time faculty, administrators, athletic coaches, student-facing  and
    33  support staff, as well as adjunct professors, to implement the above-re-
    34  ferenced protocols and policies.
    35    2.  Independent  institutions  of higher education, shall review model
    36  protocols and policies that may be developed or adopted by the universi-
    37  ty, the city university, or the department and consider whether to adopt
    38  such protocols and policies, in whole or in part, for inclusion in their
    39  master plans, for purposes of improving student  mental  health,  mental
    40  health literacy, and responses to mental health needs and crises in such
    41  institutions.
    42    §  4.  This act shall take effect immediately; provided, however, that
    43  the provisions relating to the regents plan and university master  plans
    44  pursuant  to  section three of this act, shall be effective on the first
    45  date, following the effective date of this  act,  when  such  plans  are
    46  required to be completed under section 237 of the education law.
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