WEST virginia legislature
2019 regular session
Introduced
House Bill 2100
[Introduced January
9, 2019; Referred
to the Committee on Health and Human Resources then Education.]
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§18A-5-9, relating to establishing a pilot program to develop school-based
mental and behavioral health services as an alternative to disciplinary action
for disruptive student behavior.
Be it enacted by the
Legislature of West Virginia:
§18A-5-9. Pilot
program for expansion of school-based mental health and school-based diversion.
(a) As used in this
section:
(1) “Expanded school mental
health framework” means any program authorized and created under the
collaboration between the West Virginia Department of Education and the West
Virginia Bureau for Behavioral Health and Health Facilities to provide mental
and behavioral health services to students;
(2) “Mental and
behavioral health services” means any individualized or group program designed
to provide pharmacological, therapeutic, emotional, or behavioral health
supports; and
(3) “School-based health
center” means any federally qualified health center operating on school
grounds.
(b) The department of education
shall develop a three-year pilot program to establish school-based mental and
behavioral health services for students and families as an alternative to the
disciplinary measures authorized in §18A-5-1 of this code.
(c) The pilot program
will be available to schools that have implemented:
(1) A school-based
health center providing mental and behavioral health services; or
(2) The expanded school
mental health framework.
(d) The pilot program
shall require that participating schools:
(1) Through direct
employment or contractual relationship, provide mental and behavioral health
services.
(2) Through direct
employment or contractual relationship, have appropriate services available for
all levels of need.
(3) Authorize employees
or contractors who provide mental and behavioral health services to do the
following:
(A) Receive referrals
for students who violate the disciplinary code;
(B) Receive referrals
from a judge, juvenile referee, or magistrate for treatment as part of a
diversion or disposition;
(C) Provide a mental or
behavioral health assessment to the student;
(D) Provide ongoing
services to the student if merited by the assessment;
(E) Contact the family
and household members of the students;
(i) To obtain additional
information about the student’s case; and
(ii) To offer services
to family or household members;
(F) Provide services to
family members and household members of the student; and
(G) Provide services to
community members: Provided, That all students and students’ family
members can be provided services first; and
(4) Bill and collect
payment for services rendered from the insurance of families and community
members, from the school, in the case of referral for behavior, or the
Department of Health and Human Resources in the case of court order.
NOTE: The purpose of this bill is
to require the State Department of Education to develop a pilot program to
provide mental and behavioral health services as an alternative to suspending
students for disruptive behaviors.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.