Senate File 2071 - Introduced SENATE FILE 2071 BY MATHIS , CELSI , BOLKCOM , RAGAN , JOCHUM , T. TAYLOR , PETERSEN , J. SMITH , GIDDENS , and BOULTON A BILL FOR An Act relating to a mental health service providers 1 competitive grant program for school districts and area 2 education agencies, reducing state aid to area education 3 agencies, and making an appropriation. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5508XS (5) 88 kh/jh

S.F. 2071 Section 1. NEW SECTION . 256.25 Mental health service 1 providers competitive grant program. 2 1. The department shall establish a mental health service 3 providers competitive grant program to use mental health 4 service providers in high-need school districts or in high-need 5 attendance centers operated by school districts. The state 6 board, after consultation with education stakeholders, shall 7 adopt administrative rules pursuant to chapter 17A for the 8 program, including but not limited to grant application 9 materials, eligibility requirements, and award criteria. 10 2. A school district or area education agency or any 11 combination thereof may apply to the department for a grant to 12 employ a mental health service provider to design and implement 13 a program that provides counseling and support services for 14 children who are enrolled in a school district, and counseling, 15 support services, and training for adults employed by or 16 served by the school district, who have a serious emotional 17 disturbance. For purposes of this section, “serious emotional 18 disturbance” means the same as defined in section 225C.2. 19 3. a. Except as provided for in paragraph “b” , there 20 is appropriated from the general fund of the state to the 21 department of education for the fiscal year beginning July 22 1, 2020, and each succeeding fiscal year, the sum of fifteen 23 million dollars to award competitive grants in accordance with 24 this section. 25 b. For a fiscal year, if the reduction in state aid for 26 area education agencies and the portion of the combined 27 district cost calculated for these agencies pursuant to section 28 257.35, subsection 14A, is less than fifteen million dollars, 29 the moneys appropriated pursuant to paragraph “a” for the 30 same fiscal year shall be reduced by an amount equal to the 31 difference between fifteen million dollars and the amount of 32 reduction specified in section 257.35, subsection 14A, for that 33 fiscal year. 34 4. Moneys awarded under this section shall be used to 35 -1- LSB 5508XS (5) 88 kh/jh 1/ 3

S.F. 2071 supplement, not supplant, existing public funding used by a 1 school district or area education agency for similar purposes. 2 Sec. 2. Section 257.35, Code 2020, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 14A. Notwithstanding subsection 1, and in 5 addition to the reduction applicable pursuant to subsection 2, 6 the state aid for area education agencies and the portion of 7 the combined district cost calculated for these agencies for 8 the fiscal year beginning July 1, 2020, and each succeeding 9 fiscal year, shall be reduced by the department of management 10 by fifteen million dollars. The reduction for each area 11 education agency shall be prorated based on the reduction that 12 the agency received in the fiscal year beginning July 1, 2003. 13 Sec. 3. EMERGENCY RULES. The state board of education 14 may adopt emergency rules under section 17A.4, subsection 3, 15 and section 17A.5, subsection 2, paragraph “b”, to implement 16 the provisions of this Act and the rules shall be effective 17 immediately upon filing unless a later date is specified in the 18 rules. Any rules adopted in accordance with this section shall 19 also be published as a notice of intended action as provided 20 in section 17A.4. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill extends a current reduction of $15 million in state 25 aid to area education agencies for FY 2021 and for subsequent 26 fiscal years, provides for the establishment by the department 27 of education of a mental health service providers competitive 28 grant program to use mental health service providers in 29 high-need school districts or in high-need attendance centers 30 operated by school districts, and provides for a standing 31 appropriation of $15 million from the general fund of the state 32 to the department for purposes of the program. 33 A school district or area education agency or any 34 combination thereof may apply to the department for a grant to 35 -2- LSB 5508XS (5) 88 kh/jh 2/ 3

S.F. 2071 employ a mental health service provider to design and implement 1 a program that provides counseling and support services 2 for children who are enrolled in a school district and such 3 counseling and support services, as well as training, to adults 4 employed by or served by the school district who have a serious 5 emotional disturbance. 6 “Serious emotional disturbance” is defined as a diagnosable 7 mental, behavioral, or emotional disorder of sufficient 8 duration to meet diagnostic criteria specified within the most 9 current diagnostic and statistical manual of mental disorders 10 published by the American psychiatric association that results 11 in a functional impairment. “Serious emotional disturbance” 12 does not include substance use and developmental disorders 13 unless such disorders co-occur with such a diagnosable mental, 14 behavioral, or emotional disorder. 15 In adopting rules for the program, the state board of 16 education is directed to consult with education stakeholders. 17 The bill provides the state board with emergency rulemaking 18 authority. 19 If the reduction to state aid for area education agencies 20 is less than $15 million for a given fiscal year, the bill 21 provides for an equivalent reduction in the amount appropriated 22 to the department from the general fund of the state for the 23 program for the same fiscal year. 24 Moneys awarded must be used to supplement, not supplant, 25 existing public funding used by a school district or area 26 education agency for similar purposes. 27 -3- LSB 5508XS (5) 88 kh/jh 3/ 3