Senate File 398 - Introduced SENATE FILE 398 BY MATHIS A BILL FOR An Act relating to a mental health service providers 1 competitive grant program for school districts and area 2 education agencies, making an appropriation, and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2712XS (4) 89 kh/jh

S.F. 398 Section 1. NEW SECTION . 256.20 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 rules pursuant to chapter 17A for the program, including 8 but not limited to rules relating 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. Moneys awarded under this section shall be used to 20 supplement, not supplant, existing public funding used by a 21 school district or area education agency for similar purposes. 22 Sec. 2. DEPARTMENT OF EDUCATION —— MENTAL HEALTH SERVICE 23 PROVIDERS COMPETITIVE GRANT PROGRAM. There is appropriated 24 from the general fund of the state to the department of 25 education for the fiscal year beginning July 1, 2020, and 26 ending June 30, 2021, the following amount, or so much thereof 27 as is necessary, to be used for the purposes designated: 28 For purposes of the mental health service providers 29 competitive grant program pursuant to section 256.20, if 30 enacted, including the establishment and start-up programming 31 costs of implementing the program: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,000,000 33 Notwithstanding section 8.33, moneys received by the 34 department pursuant to this section that remain unencumbered or 35 -1- LSB 2712XS (4) 89 kh/jh 1/ 3

S.F. 398 unobligated at the close of the fiscal year shall not revert 1 but shall remain available for expenditure for the purposes 2 specified in this section for the following fiscal year. 3 Sec. 3. EMERGENCY RULES. The state board of education 4 may adopt emergency rules under section 17A.4, subsection 3, 5 and section 17A.5, subsection 2, paragraph “b”, to implement 6 the provisions of this Act and the rules shall be effective 7 immediately upon filing unless a later date is specified in the 8 rules. Any rules adopted in accordance with this section shall 9 also be published as a notice of intended action as provided 10 in section 17A.4. 11 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 12 importance, takes effect upon enactment. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill provides for the establishment by the department 17 of education of a mental health service providers competitive 18 grant program to use mental health service providers in 19 high-need school districts or in high-need attendance centers 20 operated by school districts, and appropriates $15 million 21 from the general fund of the state to the department for FY 22 2020-2021 for purposes of the program. 23 A school district or area education agency or any 24 combination thereof may apply to the department for a grant to 25 employ a mental health service provider to design and implement 26 a program that provides counseling and support services 27 for children who are enrolled in a school district and such 28 counseling and support services, as well as training, to adults 29 employed by or served by the school district who have a serious 30 emotional disturbance. 31 “Serious emotional disturbance” is defined as a diagnosable 32 mental, behavioral, or emotional disorder of sufficient 33 duration to meet diagnostic criteria specified within the most 34 current diagnostic and statistical manual of mental disorders 35 -2- LSB 2712XS (4) 89 kh/jh 2/ 3

S.F. 398 published by the American psychiatric association that results 1 in a functional impairment. “Serious emotional disturbance” 2 does not include substance use and developmental disorders 3 unless such disorders co-occur with such a diagnosable mental, 4 behavioral, or emotional disorder. 5 In adopting rules for the program, the state board of 6 education is directed to consult with education stakeholders. 7 The bill provides the state board with emergency rulemaking 8 authority. 9 Moneys awarded must be used to supplement, not supplant, 10 existing public funding used by a school district or area 11 education agency for similar purposes. Moneys remaining 12 unencumbered or unobligated at the close of the fiscal year 13 do not revert but remain available for the following year for 14 expenditure for the specified purposes. 15 The bill takes effect upon enactment. 16 -3- LSB 2712XS (4) 89 kh/jh 3/ 3