WHEREAS, 1 in 5 school students suffer from a mental health disorder; and
WHEREAS, 11% of youth have a mood disorder, 10% of youth have a behavior or conduct disorder, and 8% of youth have an anxiety disorder; and
WHEREAS, 45% of children have had a potentially traumatic experience; and
WHEREAS, of young children who show early signs of challenging behavior, fewer than 10% receive mental health services, resulting in less than 1/3 of the children and adolescents with a diagnosable mental health condition receiving any type of treatment; and
WHEREAS, 50% of all lifelong cases of mental illness begin by age 14, and 37% of students with a mental health condition at age 14 and older, drop out of school which is the highest school dropout rate of any group of students with a disability; and
WHEREAS, 70% of youth in state juvenile systems have a mental illness; and
WHEREAS, youth with access to mental health services in school-based health centers are 10 times more likely to seek care for mental health or substance abuse than youth without access; and
WHEREAS, early intervention is critical to building life skills, resilience, and mental wellness; and
WHEREAS, leading counseling and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, and the School Social Worker Association of America recommend that schools maintain all of the following:
(a) A maximum student to school counselor ratio of 250 to 1.
(b) A maximum student to school social worker ratio of 250 to 1.
(c) A student to school psychologist ratio of 500 to 1; and
WHEREAS, Delaware middle schools average ratio of students to each school counselor does not meet this standard; and
WHEREAS, the American School Counselor Association National Model includes a strong foundation in social and emotional learning, direct and indirect counseling, and establishing positive mindsets and behaviors; and
WHEREAS, school counselors are prepared to address barriers and assess ways to maximize students’ success in schools, communities, and their family structure by offering education, prevention, and crisis and short-term intervention until the student is connected to available community resources; and
WHEREAS, many Delaware middle schools do not employ a school social worker; and
WHEREAS, school social workers create and implement school-based programs to promote a positive school environment for all students, work with the entire student body to identify students in need of more intensive interventions, and connect these students to additional services in the community where needed; and
WHEREAS, school social workers serve as a resource to the principal and other educators by providing training on identifying students with mental health needs and providing a referral process when services are sought; and
WHEREAS, by working more closely with individual students and their families, school social workers also create a bridge between the school and the community by coordinating students with resources in the community. This coordination is critical to a school’s success and by partnering with services in the community, social workers maximize limited resources, facilitate better delivery of services, and maintain communication between partners; and
WHEREAS, school psychologists provide services that promote a child’s communication and social skills, problem solving, anger management, conflict resolution, self-regulation, self-determination, resilience, and optimism; and
WHEREAS, school psychologists consult with teachers and administrators on effective classroom management strategies, promoting positive peer relationships and social problem-solving, school-wide positive behavior interventions and supports, effective discipline policies and practices, and programs to promote student wellness and reduce risk-taking; and
WHEREAS, school psychologists provide mental health services, including wellness and prevention programming, risk assessment and interventions, and counseling, which are proven to reduce discipline referrals and increase attendance and academic performance; and
WHEREAS, Delaware educators report that students come to school with significant unmet needs that impact the students’ ability to learn in school, such as hunger, homelessness, trauma, mental health issues; and
WHEREAS, without adequate resources to support our students, these challenges manifest as frequent, and at times severe, disruptions in school that impact learning and affect all our students.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section
1.
Amend
Chapter 17,
Title
14
of
the
Delaware
Code
by
making
deletions
as
shown
by
strike
through
and insertions as shown by underline as
follows:
§ 1716F. Mental health services unit and
funding for middle school.
(a) “Mental health services unit for middle school” for funding purposes
means:
(1) In fiscal year 2023, one unit for each 400 full-time equivalent students in a school district or charter school, grades 6 through 8, for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 400 full-time equivalent pupils enrolled in grades
6 through 8.
(2) In fiscal year 2024, one unit for each 325 full-time equivalent students in a school district or charter school, grades 6 through 8, for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 325 full-time equivalent pupils enrolled in grades 6 through 8.
(3) Beginning in fiscal year 2025, one unit for each 250 full-time equivalent students in a school district or charter school, grades 6 through 8, for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 250 full-time equivalent pupils enrolled in grades 6 through 8.
(4) 1 unit for each 700 full time equivalent students in a school district or charter school, grades 6 through
8, for
employment
of
full-time
school
psychologists or licensed mental health therapist with experience in a school setting or experience providing direct services to school age children.
Districts
and
charter
schools
shall
qualify
for
funding
for
a
fractional part of 700 full-time equivalent pupils enrolled in grades 6 through 8.
(b)
Each
pupil
counted
in
establishing
a
unit
for
mental
health
services
may
be
counted
only
once
in
a
district
or charter.
(c)
For
purposes
of
this
section,
“mental
health
services”
means
prevention,
response,
and
coordination
services delivered to students in middle school.
(d)
Funds
appropriated
by
this
unit
shall
be
used
for
employment
of
full-time licensed mental health therapists who hold the appropriate license as required by the Board of Mental Health and Chemical
Dependency Professional or
school
counselors,
school
social workers,
or
school
psychologists
that
hold
the
appropriate
licensure
and
certifications
under
Chapter
12
of
this
title.
(1)
School
counselors
shall
be
required
to
provide
services
that
are
aligned
with
the
American
School Counselor
Association
(ASCA)
National
Model,
including
the
provisions
related
to
indirect
and
direct
services
as
those terms are defined by
ASCA.
(2) School social workers shall be required to provide services aligned to the National Association of School Social Work school social work
standards.
(3) School psychologists shall be required to provide services aligned with the National Association of
School Psychologists
(NASP)
Model
for
Comprehensive
and
Integrated
School
Psychological
Services.
(f) Funds cannot be used to supplant a unit currently allocated under this section unless a district or charter
school has met or exceeded the ratios listed in §
1716F(a).
(g)
Funds
appropriated
in
support
of
this
unit
shall
be
applied
to
the
employment
of
a full-time
certified, licensed school counselor, school social worker, licensed clinical social worker, school psychologist, or licensed mental health therapist. Districts may pursue contracting out school psychologists with approval of their governing board until such time as school psychologists are no longer designated by the Department of Education as a certification shortage area. Districts or charter schools must combine fractional units to
fund additional
full
-time
mental
health
services
staff
to
the
extent
possible.
Districts
and
charter
schools
may
exercise
a
cash option
consistent
with
the
provisions
of
§1716(g)
of
this
title
for
any
remaining
fractional
funding.
Funds
received
under this
provision
must
be
used
for
the
purchase
of
materials
or
services
to
be
used
in
support
of
preventative
and responsive mental health services herein authorized, and for no other
purpose.
(h) To the extent possible, school districts should prioritize the hiring and placement of staff hired pursuant to this section in schools with the highest percentage of low-income students, English learners, and students with disabilities.
(i) Funds shall be provided pursuant to this section at a level necessary to satisfy the ratio requirements. Determination of necessary funding level shall consider funds received through the Opportunity Fund and any other existing funding already applied toward employment of mental health support personnel or school psychology services already in place as of [the effective date of this Act].
(j) Funds allocated under this section may not supplant mental health funding from another source unless a district or charter meets or exceeds the ratios listed in 1716F(a) and has an approved application for supplanted funds by the Secretary of Education.
(k) (1) The Department shall provide a report to the Office of Management and Budget and to the Controller General detailing the number of positions filled by position type and number of school psychology positions contracted for under this program at each eligible local education agency by December 15th of each year.
(2) Each district and charter school shall provide to the Department the number of positions filled by position type at each school and the number of school psychology positions contracted for under this program by November 30th of each year.
(l) The
Department
of
Education
shall
promulgate
rules
and
regulations
to
implement
and
enforce
this
chapter.
