SB2333_H_Cmte_Amend

SECTION 1. As used in this act, the term "seizure action plan" means a written, individualized health plan designed to acknowledge and prepare for the health care needs of a student or employee diagnosed with a seizure disorder.

SECTION 2. (1) (a) Beginning on July 1, 2024, the local school board of each public school district shall have at least one (1) school employee or vendor at each school who has met the training requirements necessary to administer or assist with the self-administration of a seizure rescue medication or medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration and any successor agency.

(b) For those assigned the duties under paragraph (a) of this subsection, the training provided shall include instructions in administering seizure medications as well as the recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms.

(c) The presence of a registered nurse employed full time by a school who assumes responsibility for the administration of seizure medications may fulfill requirements of paragraphs (a) and (b) of this subsection.

(d) The Mississippi Department of Education shall provide webinar training at no cost and shall make such training available to all public and charter schools in the state. Public and charter schools shall provide training to all relevant personnel who have direct contact and supervision of children, on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid.

(e) A local school district shall be permitted to use any adequate and appropriate training program or guidelines for training of school personnel in the seizure disorder care tasks covered under this section.

(2) (a) Before administering a seizure rescue medication or medication prescribed to treat seizure disorder symptoms, the student's parent, guardian or responsible adult shall:

(i) Provide the school with a written authorization to administer the medication at school;

(ii) Provide a written statement from the person's health care practitioner, which shall contain the following information:

1. Full name;

2. The name and purpose of the medication;

3. The prescribed dosage;

4. The route of administration;

5. The frequency that the medication may be administered; and

6. The circumstances under which the medication may be administered;

(iii) Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact.

(b) In addition to the statements required in paragraph (a) of this subsection, the parent or guardian, or adult shall collaborate with school personnel to create a seizure action plan.

(3) The statements and seizure action plan required in subsection (2) of this section shall be kept on file in the office of the school nurse or school administrator.

(4) The permission for the administration of any of the medications authorized under subsection (1)(a) of this section shall be effective for the school year in which it is granted and shall be renewed each following school year upon fulfilling the requirements of subsections (2) through (4) of this section.

(5) The requirements of this section shall apply only to schools that have an adult employee or enrolled student who has a seizure disorder, a seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and any successor agency prescribed by the student's health care provider.

SECTION 3. A school district, school district employee or agent acting in good faith and in substantial compliance with the student's individual health plan and the instructions of the student's licensed health care professional, that provides assistance or services under this act shall be immune from criminal prosecution and shall not be liable in any criminal action for civil damages in his or her individual, marital, governmental, corporate or other capacities as a result of the services provided under this act to students with epilepsy or seizure disorders.

SECTION 4. The provisions of Sections 4 through 8 of this act shall be known and may be cited as the "Mental Awareness Program for School Act."

SECTION 5. Section 37-3-89, Mississippi Code of 1972, is amended as follows:

37-3-89. (1) The State Board of Education, acting through the Commission on Teacher and Administrator Education, Certification and Licensure and Development, shall require each educator preparation program in the state, as a condition for approval, to include a course or courses on school discipline or classroom management, including mental disturbance awareness and trauma-informed approaches as defined in subsection (2) of this section, as a required part of the teacher education program. All school discipline or classroom management courses offered by a teacher education program shall be approved by the Educator License Commission.

(2) "Mental disturbance awareness and trauma-informed approaches" means incorporating principles of mental disturbance awareness, trauma awareness and trauma-informed practices, as recommended by the federal Department of Health and Human Services' Substance Abuse and Mental Health Services Administration, in a school in order to foster a safe learning environment for all students and staff, and to ensure that each student is well-known by at least one (1) adult in the school setting.

SECTION 6. Section 37-9-79, Mississippi Code of 1972, is amended as follows:

37-9-79. (1) Beginning with the 2014-2015 school year, the assignment of K-12 Professional School Counselors to the particular schools within the district shall be at the discretion of the local school board with the following restrictions:

(a) As funds and qualified personnel become available, every public school district and public charter school shall employ at least one (1) school counselor in each school;

(b) As funds and qualified personnel become available, it shall be the goal that each public school district and public charter school shall provide at least one (1) school counselor for every two hundred fifty (250) students, including, but not limited to, the school counselor required in paragraph (a) of this subsection;

(c) If funds or qualified personnel are not available each public school district and public charter school shall employ at least one (1) school counselor who shall serve the entire school district, and who shall proportionately allocate his or her service, on a rotational basis, to each school in the school district or each public charter school under the jurisdiction of a single charter governing board. Additionally, in the event that a mental disturbance or trauma-inducing incident occurs at any school in the school district or charter district on a date the school counselor is not scheduled in assigned service rotation at that school, the school counselor shall be temporarily assigned to the school where the incident occurred, until such time that the school counselor, building principal and district superintendent or charter administrator reasonably conclude that the trauma has been mitigated.

( * * *ad) Except as otherwise provided under subsection (6) of this section, no individual shall be employed as a professional school counselor without a minimum of a master's degree in * * *~~Guidance and~~ counseling, or in an emergency situation, an appropriate certification as determined by the Commission on Teacher and Administrator Education, Certification and Licensure and Development; and

( * * *be) Professional school counselors shall provide the following comprehensive counseling services:

(i) Academic, * * *~~and personal/~~ social, emotional and college-and-career readiness counseling;

(ii) Use multiple student data sources to help students make informed academic and career choices;

(iii) Career and educational counseling;

(iv) Individual and group counseling (large/small);

(v) Crisis intervention and preventive counseling;

(vi) Referrals to community agencies;

(vii) Educational consultations and collaboration with teachers, administrators, parents and community leaders;

(viii) Educational and career placement services;

(ix) Follow-up counseling services;

(x) Conflict resolution; and

(xi) Professional school counselors must spend a minimum of eighty percent (80%) of their * * *~~contractual~~ time to the delivery of services to students * * *. Delivery of services is the direct service provided to students, parents, school staff and the community which are interaction between professional school counselors and students. These direct services may include the delivery of the following:

1. School counseling core curriculum: This curriculum is designed to help students attain the desired competencies and to provide all students with the knowledge, attitudes and skills appropriate for their developmental level. The school counseling core curriculum is delivered throughout the school's overall curriculum and may be presented by professional school counselors in collaboration with other professional educators and other resources. Collaborative efforts may be implemented to enhance the services provided.

2. Individual student planning: Professional school counselors coordinate ongoing systemic activities or individual/group sessions designed to assist students in establishing personal/social goals and developing future career plans.

3. Responsive services: Responsive services are designed to meet students' immediate needs and concerns in regard to social/personal issues. Responsive services may include counseling in individual, small-group settings, * * *or crisis responses, mentally disturbance awareness or trauma-informed approaches as defined in Section 37-3-89(2).

4. Indirect Student Services: Indirect services are provided on behalf of students as a result of the school counselors' interactions with others including referrals for additional assistance, consultation and collaboration with parents, teachers, other educators and community organizations.

(2) Professional school counselors shall abide by * * * a relevant national counseling code of ethics.

(3) A professional school counselor or administrator shall facilitate at each school the creation of a trauma-informed team to identify students whose learning, behavior and relationships have been impacted by trauma. The trauma-informed team may consist of school administrators, school counselors, teachers, mental health services providers, family resource and youth service coordinators, school nurses and any other school or district personnel.

(4) Each school counselor providing services pursuant to this section, in collaboration with the trauma-informed team members described in this section, shall provide at least one (1) hour of in-person or virtual annual training, guidance and assistance to administrators, teachers and staff on:

(a) Recognizing symptoms of mentally induced disturbance or trauma in students; and

(b) Utilizing responses, interventions and strategies to support the learning needs of those students.

(5) (a) School districts may employ, contract or otherwise work collaboratively with mental health service providers, including community mental health centers, other organizations providing relevant training for educators and school personnel, or other school districts to assist with the development and implementation of mental awareness and trauma-informed approaches and a trauma-informed team.

(b) School districts and public charter schools may enter in a memorandum of agreement (MOA) with the Consortium for Career Development in Social Work Education, or other similar nationally recognized consortium career services professionals representing and/or serving social work education, which partner with colleges and universities serving social work students in the State of Mississippi, including, but not limited to, Delta State University, Jackson State University, Mississippi State University and the University of Mississippi. Through the use of the MOA the consortium shall establish a program in collaboration with the Social Work Departments of the participating colleges and universities to:

(i) Provide students pursuing master's degrees in social work, counseling or psychology with internship placement opportunities in school districts or charter schools to assist in providing counseling services to schools in need;

(ii) Provide students pursuing master's degrees in social work, counseling or psychology with practical workplace experience; and

(iii) Pair such students with local consortium-member mentees who will offer professional guidance and constructive observation and feedback.

(6) Local school districts and each public charter school shall report the number and placement of school counselors in the district to the State Department of Education no later than November 1, 2023, and each subsequent year thereafter. The report shall include the source of funding for each position, as well as a summary of the job duties of each counselor and the approximate percent of time devoted to duties over the course of the year.

( * * *37) The State Department of Education may adopt regulations regarding the activities of the professional school counselor as are not inconsistent with this section.

SECTION 7. The following shall be codified as Section 37-9-80, Mississippi Code of 1972:

37-9-80. (1) On or before July 1, 2023, the State Department of Education, in collaboration with the State Department of Mental Health, shall make available a toolkit to assist school districts and public charter schools in

implementing trauma-informed teams as described in Section 37-9-79(3). The toolkit shall include a template for local boards of education and public charter schools to develop a plan to incorporate mental disturbance awareness and trauma-informed approaches in schools.

(2) On or before July 1, 2025, each local board of education and public charter school shall develop a plan for implementing trauma-informed teams and mental disturbance awareness and trauma-informed approaches in its schools. These plans shall be submitted to the State Department of Education and the State Department of Mental Health, which may collaborate to provide feedback to school districts on the plans. Plans shall include, but not be limited to, strategies for:

(a) Enhancing mental disturbance and trauma awareness throughout the school community and provide services designed to foster a safe school environment for students;

(b) Developing trauma-informed discipline policies and practices, which may include consultation with the school counselor or school-based mental health services provider when a student is recommended for suspension for ten (10) or more days, expulsion or attendance at an alternative school; and

(c) Collaborating with appropriate and relevant school, public safety, and community organizations to create procedures for notification of trauma-exposed students.

SECTION 8. Section 37-173-1, Mississippi Code of 1972, is amended as follows:

37-173-1. As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Board" means the State Board of Education.

(b) "Department" means the State Department of Education.

(c) "Dyslexia" means a specific learning disability that is neurological in origin, characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities, which typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction, and secondary consequences which may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

(d) "Dyslexia therapy" means an appropriate specialized dyslexia instructional program that is delivered by a Mississippi Department of Education licensed dyslexia therapist or certified academic language therapist, which is scientific, research-based, Orton-Gillingham based, and is offered in a small group setting to teach students the components of reading instruction which include:

(i) Phonemic awareness to enable students to detect, segment, blend and manipulate sounds in spoken language;

(ii) Graphophonemic knowledge (phonics) for teaching the letter-sound plan of English;

(iii) The entire structure of the English language that encompasses morphology, semantics, syntax and pragmatics;

(iv) Linguistic instruction directed toward proficiency and fluency with the patterns of language so that words and sentences are carriers of meaning; and

(v) Strategies that students use for decoding, encoding, word recognition, fluency and comprehension.

These components shall be taught using instructional approaches that include explicit, direct instruction which is systematic, sequential and cumulative, following a logical plan of presenting the alphabetic principle commensurate with the students' needs, with no assumption of prior skills or language knowledge; individualized to meet the specific learning needs of each individual student in a small group setting; intensive, highly concentrated instruction that maximizes student engagement and uses specialized methods and materials; meaning-based instruction directed toward purposeful reading and writing, with an emphasis on comprehension and composition; and multisensory instruction that incorporates the simultaneous use of two (2) or more sensory pathways during teacher presentations and student practice.

(e) "Dyslexia therapist" means a professional who has completed training in a department approved Orton-Gillingham based dyslexia therapy training program attaining a AA license in dyslexia therapy * * * or, a professional participating in a state approved dyslexia therapy training program to attain a AA license in dyslexia therapy or a certified academic language therapist.

(f) "Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program" means a scholarship to provide the option to attend a public school other than the one to which assigned, or to provide a scholarship to a nonpublic school of choice, for students in Grade 1 through Grade 12 diagnosed with dyslexia in order to receive comprehensive multisensory dyslexia therapy delivered by holders of an appropriate license in dyslexia therapy issued by the department.

(g) "School" means any public or state accredited nonpublic special purpose school that provides a specific learning environment that provides comprehensive dyslexia therapy instruction delivered by dyslexia therapists licensed by the department providing highly qualified education and intervention services to children diagnosed with the primary learning disability of dyslexia.

SECTION 9. Section 37-173-9, Mississippi Code of 1972, is amended as follows:

37-173-9. (1) (a) The parent or legal guardian is not required to accept the offer of enrolling in another public school in lieu of requesting a Mississippi Dyslexia Therapy Scholarship to a nonpublic school. However, if the parent or legal guardian chooses the public school option, the student may continue attending a public school chosen by the parent or legal guardian until the student completes Grade 12.

(b) If the parent or legal guardian chooses a public school within the district, the school district shall provide transportation to the public school selected by the parent or legal guardian. However, if the parent or legal guardian chooses a public school in another district, the parent or legal guardian is responsible to provide transportation to the school of choice.

These provisions do not prohibit a parent or legal guardian of a student diagnosed with dyslexia, at any time, from choosing the option of a Mississippi Dyslexia Therapy Scholarship which would allow the student to attend another public school or nonpublic special purpose school.

(2) If the parent or legal guardian chooses the nonpublic school option and the student is accepted by the nonpublic school pending the availability of a space for the student, the parent or legal guardian of the student must notify the department thirty (30) days before the first scholarship payment and before entering the nonpublic school in order to be eligible for the scholarship when a space becomes available for the student in the nonpublic school.

(3) The parent or legal guardian of a student may choose, as an alternative, to enroll the student in and transport the student to a public school in an adjacent school district which has available space and has a program with dyslexia services that provide daily dyslexia therapy sessions delivered by a department licensed dyslexia therapist or certified academic language therapist, and that school district shall accept the student and report the student for purposes of the district's funding under the Mississippi Adequate Education Program.

SECTION 10. Section 37-173-21, Mississippi Code of 1972, is amended as follows:

37-173-21. (1) The State Board of Education in conjunction with each nonpublic school and local school board operating under the provisions of this chapter, may:

(a) Extend the school day or length of the scholastic year;

(b) Develop and establish a curriculum that is consistent with the Mississippi Curriculum Framework in the subject areas of mathematics, social studies, science, music, art and physical education; and

(c) Select, purchase and use textbooks, literature and other instructional materials that would improve educational attainment by students in the school, subject to the approval of the board.

(2) The qualified personnel to facilitate the educational process of learning and instruction for children with dyslexia who attend the schools shall consist of the following:

(a) An administrator or director with additional training in the characteristics of dyslexia;

(b) A dyslexia therapist licensed by the department in dyslexia therapy;

(c) Dyslexia therapists in training participating in a department approved dyslexia therapy graduate internship program; and

(d) Licensed elementary teachers under the supervision of a state department licensed dyslexia therapist or certified academic language therapist qualified instructor.

SECTION 11. Section 37-106-71, Mississippi Code of 1972, is amended as follows:

37-106-71. (1) There is established the Mississippi Dyslexia Education Forgivable Loan Program for the purpose of identifying and recruiting qualified university and college students from the state for schooling in education with a focus on dyslexia therapy.

(2) The receipt of a forgivable loan under the program shall be solely limited to those students who are enrolled in or who have been accepted for enrollment into a master's degree program of study for dyslexia therapy at any public or private institution of higher learning within the State of Mississippi at the time an application for a forgivable loan is filed with the board.

(3) The annual amount of the forgivable loan award shall be equal to the total cost for tuition, materials and fees at the college or university in which the student is enrolled. Awards made to nonresidents of the state shall not include any amount assessed by the college or university for out-of-state tuition.

(4) Upon completion of the master's program and licensure requirements, a forgivable loan recipient who has not been previously licensed by the State Department of Education shall render service in an instructional or clinical capacity as a licensed dyslexia therapist in a public school district in the state or an eligible nonpublic school as defined by Section 37-173-1 and meets the criteria established in Section 37-173-17, not to exceed five (5) recipients rendering instructional or clinical services in a nonpublic school at any time.

(5) Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.

(6) The board shall prepare and submit a report to the Legislature by January 1, 2015, and annually thereafter, outlining in detail the number of participants who have received forgivable loans under the program, the record of service provided by those recipients as they transition out of the degree program into the public school districts of this state, and the projection for expanding the program to include more participants annually as determined by the need for such qualified professionals in the public school setting. Additionally, the report shall include a summary of allocations and expenditures for the administration of the program and the total amount of funds issued to recipients of forgivable loans from the inception of the program until such time as the report has been prepared and submitted to the Legislature.

(7) The Mississippi Dyslexia Education Forgivable Loan Program shall be administered in the same manner as the Critical Needs Teacher Forgivable Loan Program established under Section 37-106-55 and shall be incorporated into the Critical Needs Teacher Forgivable Loan Program for all purposes.

(8) Funding for the establishment and continued operation of the Mississippi Dyslexia Education Forgivable Loan Program shall be administered by the board through a special fund established within the Critical Needs Teacher Forgivable Loan Program. The board may accept and receive monetary gifts and donations from any source, public or private, which such funds shall be deposited in the special fund for the benefit of the Mississippi Dyslexia Education Forgivable Loan Program with the Critical Needs Teacher Forgivable Loan Program.

(9) No more than twenty (20) students per cohort shall be selected annually to be admitted into the program for receipt of forgivable loans beginning with the 2013-2014 academic year. However, forgivable loans awarded under the program shall be provided only to students who have been accepted into a Dyslexia Therapy Master's Degree Cohort Program approved by the State Department of Education that provides instructional training as required under Chapter 173, Title 37, Mississippi Code of 1972, for dyslexia therapy in preparation of those cohort students for AA licensure by the department.

(10) As part of the Mississippi Dyslexia Education Forgivable Loan Program, the State Department of Education is authorized and directed, subject to the availability of funds specifically appropriated therefor by the Legislature, to provide financial assistance for the recruitment, placement and employment of qualified licensed dyslexia therapy professionals identified under Section 37-173-15(1)(b), Mississippi Code of 1972, in order to provide dyslexia screening, evaluation and therapy services to the students attending school in the school district. Said funding may be used to purchase curriculum materials and supplies for dyslexia therapy services. Said funding shall be provided to public school districts upon application therefor regardless of the financial need of the school district in an amount not to exceed Fifty Thousand Dollars ($50,000.00) annually, and subject to specific appropriation therefor by the Legislature. In order to qualify for such funds, the school district shall meet the following criteria:

(a) Use licensed dyslexia therapists, certified academic language therapist or individuals participating in an approved training program resulting in State Department of Education licensure to provide dyslexia therapy to students diagnosed with dyslexia;

(b) Use daily Orton-Gillingham-based therapy;

(d) Have a current School Program Verification and Assurances form on file with the State Department of Education, Office of Curriculum and Instruction. Procedures and standards for the application for such funds shall be established by regulations developed and issued by the State Board of Education.

SECTION 12. Section 37-41-1, Mississippi Code of 1972, is amended as follows:

37-41-1. (1) The State Board of Education is authorized, empowered and directed to promulgate rules and regulations relating to the transportation of students enrolled in the public school districts, including rules and regulations for:

(a) Setting standards for public school district bus routes;

(b) Setting standards for public school district buses;

(d) Formulating procedure for selecting public school district bus drivers;

(e) Formulating courses of training for public school district bus drivers and mechanics, and assist in administering and financing such courses;

(f) Providing operation procedure for public school district buses to insure safety of pupils;

(g) Formulating specifications for use in purchasing public school district buses; getting bids on public school district buses; equipment and supplies; and fixing prices based upon said bids which school districts may not exceed in purchasing said equipment;

(h) Formulating specifications for use by school districts in purchasing used school buses; and

(i) Providing a system of records and reports for the purpose of carrying out the provisions of Sections 37-41-1 through 37-41-51, and providing the superintendent of schools with a sufficient supply of report forms.

All rules and regulations adopted and promulgated by the State Board of Education relating to school district bus drivers shall also be applicable to drivers of privately owned buses transporting public school district children.

All rules and regulations adopted and promulgated by the State Board of Education pursuant to the authority conferred by this section shall be spread at large upon the minutes of the State Board of Education and copies thereof shall be furnished to all school boards not less than thirty (30) days prior to the effective date of such rules and regulations.

Except for subsection (2) of this section, the provisions of this chapter are applicable to school districts and the transportation of students enrolled in public school districts. Charter schools authorized by the Mississippi Charter School Authorizer Board are exempt from the provisions of this chapter.

(2) The driver of every school transportation vehicle used to transport pupils must be trained and certified in first aid and cardiopulmonary resuscitation (CPR). The State Board of Education and Mississippi Charter School Authorizer Board shall enforce this subsection.

SECTION 13. This act shall take effect and be in force from and after July 1, 2023.