HOUSE BILL 615
54th legislature - STATE OF NEW MEXICO - first session, 2019
Raymundo Lara and Willie D. Madrid
RELATING TO EDUCATION; REQUIRING ANNUAL TRAINING IN VARIOUS ASPECTS OF MENTAL HEALTH FOR ALL PUBLIC EDUCATION PERSONNEL; REQUIRING THE PROVISION OF MENTAL HEALTH TRAINING TO STUDENTS' FAMILIES; REQUIRING THE CREATION OF TRAINING MATERIALS IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT AND THE HUMAN SERVICES DEPARTMENT; PROVIDING FOR NO PRIVATE RIGHT OF ACTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the School Personnel Act is enacted to read:
"[NEW MATERIAL] TRAINING IN STUDENT MENTAL HEALTH NEEDS REQUIRED--NO PRIVATE RIGHT OF ACTION.--
A. The department shall:
(1) require all public school personnel, including ancillary staff, instructional support providers and volunteers, to annually receive training regarding:
(a) early identification of social, emotional and behavioral problems, or substance use disorders and the provision of early intervention services;
(b) techniques and supports needed to early identify those children with trauma histories and children with, or at risk of, mental illness;
(c) the use of referral processes that link children and families to appropriate treatment and intervention services in the school and in the community and processes to follow up with children and families when services are not available;
(d) strategies that promote a schoolwide positive environment; and
(e) strategies for promoting the social, emotional, mental and behavioral health of all students;
(2) regularly provide opportunities to students' parents, siblings and other family members for training that is substantially similar to that provided for in Subparagraphs (a) through (e) of Paragraph (1) of this subsection, which may include classes, workshops, seminars or community health events that introduce students and their families to local behavioral health service providers; and
(3) in consultation with the department of health, the children, youth and families department and the human services department, develop course materials to effectuate the training outlined in Paragraphs (1) and (2) of this subsection, including materials that address:
(a) programs and activities related to mental health;
(b) eating disorders;
(c) suicide prevention;
(d) behavioral health disorders;
(e) safe techniques to de-escalate crisis situations;
(f) identification of signs and symptoms of early stages of mental illness and behavioral health issues; and
(g) the use of evidence-based practices and programs, including mental health first aid or core elements of similar programs.
B. No person shall have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this section or resulting from any training, or lack thereof, required by this section.
C. The training, or lack thereof, required by the provisions of this section shall not be construed to impose any specific duty of care."
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