To set forth requirements relating to youth mental health training (YMHAT) and reporting. It will incorporate a form for reporting.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.094120Youth Mental Health Awareness Training and Reporting

PURPOSE AND EFFECT: To set forth requirements relating to youth mental health training (YMHAT) and reporting. It will incorporate a form for reporting.

SUMMARY: Requirements relating to youth mental health awareness training (YMHAT) and reporting. The proposed rule identifies the site where training approved by the Department can be found and the method to identify personnel for the training, and incorporates a form to certify training in each school district has been provided.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based upon the nature of the changes, this proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of the rule changes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(1), (2)(n), F.S.

LAW IMPLEMENTED: 1012.584, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 20, 2022, 9:00 a.m.

PLACE: Caribe Royale, 8101 World Center Drive Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Victoria Gaitanis, Bureau of Exceptional Education and Student Services, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.094120 Youth Mental Health Awareness Training and Reporting.

(1) Purpose. The purpose of this rule is to set forth requirements for training and reporting of Youth Mental Health Awareness Training, pursuant to Section 1012.584(5), F.S.

(2) Definitions. In this rule, the terms have the following meaning:

(a) “Department” means the Department of Education;

(b) “School District” means the Florida Virtual School under Section 1002.37, F.S., the Florida School for the Deaf and the Blind under Section 1002.36, F.S., Developmental Research (Laboratory) Schools under Section 1002.32, F.S., and districts set forth in Article IX, Section 4, of the Florida Constitution;

(c) “School Personnel” means persons who must receive Youth Mental Health Awareness Training in any public school in a School District, including a charter school.

(d) “Youth Mental Health Awareness Training” means programs designed to help school personnel identify and understand signs of emotional disturbance, mental illness and substance abuse disorders and provide school personnel with the skills to assist a person who may be developing or experiencing an emotional, mental health or substance use concern.

(3) Approved Youth Mental Health Awareness Training. The program approved by the Department to provide Youth Mental Health Awareness Training to school personnel is listed at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml. All school personnel identified as set forth in subsection (4) of this rule must receive this training.

(4) Presumptive Identification of School Personnel for Training and Certification.

(a) The Department will provide, by February 1 of each year, a list of job codes or categories from the document entitled “Data Elements – Staff” incorporated in Rule 6A-1.0014, F.A.C., Comprehensive Management Information System, in order to identify the positions that must receive Youth Mental Health Awareness Training. This list will be posted annually at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml.

(b) Unless a School District submits a request to establish another method of identifying school personnel and receives approval from the Department, a School District must use these job codes and categories and the persons who hold these positions as of February 1, when providing the certification required by this rule. 

(5) Certification of Training.

(a) The annual certification that at least 80% of school personnel in a School District, including school personnel at charter schools, have completed the approved youth mental health awareness training must be submitted to the Department on the form entitled “Certification of Youth Mental Health Awareness Training,” Form No. YMHAT-1 by July 1 of each year. This form, effective December 2022, is incorporated by reference and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml.

(b) This form must be submitted by the superintendent or designee. Instructions to submit this form may be obtained at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml.

(6) Charter Schools. School Districts must implement procedures to include school personnel at charter schools in the School District’s certification. A School District may rely upon a charter school’s certification without independent verification when submitting the School District’s certification of training under subsection (5) of this rule.

Rulemaking Authority. 1001.02(1), (2)(n) FS.  Law Implemented 1012.584 FS. History–New

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Victoria Gaitanis, Bureau of Exceptional Education and Student Services.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 9, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 5, 2022