Michigan School Discipline Laws & Regulations: School-based Behavioral Health Programs

Discipline Compendium

Michigan School Discipline Laws & Regulations: School-based Behavioral Health Programs

Category: Prevention, Behavioral Interventions, and Supports
Subcategory: School-based Behavioral Health Programs
State: Michigan

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LAWS

388.1631a. Allocations to eligible districts and eligible public school academies; proficiencies; funding eligibility; early literacy and numeracy; multi-tiered system of supports; weighted foundation per-pupil payment for economically disadvantaged pupils; school breakfast program; primary health care services; hearing and vision screenings; report; audit; implementation of schoolwide reform in schools with at-risk pupils; research-based professional development; instructional or behavioral coaches; prorated payments; dissolved district; anti-bullying or crisis intervention program; assignment of Pathways to Potential Success coaches; definitions.

(5) Except as otherwise provided in this section, a district or public school academy receiving funding under this section shall use that money only to provide instructional programs and direct noninstructional services, including, but not limited to, medical, mental health, or counseling services, for at-risk pupils; for school health clinics; and for the purposes of subsection (6), (7), or (8). In addition, a district that is a school district of the first class or a district or public school academy in which at least 50% of the pupils in membership were determined to be economically disadvantaged in the immediately preceding state fiscal year, as determined and reported as described in subsection (4), may use not more than 20% of the funds it receives under this section for school security that aligns to the needs assessment and the multi-tiered system of supports model. A district or public school academy shall not use any of that money for administrative costs. The instruction or direct noninstructional services provided under this section may be conducted before or after regular school hours or by adding extra school days to the school year.

388.1631m. School mental health and support services fund; creation; deposit of money; money remaining end of the year; expenditures.

(1) The school mental health and support services fund is created as a separate account within the state school aid fund.

(2) The state treasurer may receive money or other assets from any source for deposit into the school mental health and support services fund. The state treasurer shall direct the investment of the school mental health and support services fund and shall credit to the school mental health and support services fund interest and earnings from the school mental health and support services fund.

(3) Money available in the school mental health and support services fund shall not be expended without a specific appropriation.

(4) Money in the school mental health and support services fund at the close of the fiscal year shall remain in the school mental health and support services fund and shall not lapse to the state school aid fund or to the general fund. The department of treasury shall be the administrator of the school mental health and support services fund for auditing purposes.

(5) For the fiscal year ending September 30, 2018, $30,000,000.00 from the state school aid fund shall be deposited into the school mental health and support services fund to be used to support efforts to improve mental health and support services for K-12 pupils in this state, including, but not limited to, improved access to counseling services, educational awareness programs, and enhanced mental health and clinical services.

388.1631n. Licensed behavioral health providers for general education pupils; advisory council; application; services by child and adolescent health centers; services to nonpublic students.

(6) From the state school aid fund money allocated under subsection (1), there is allocated for 2020-2021 an amount not to exceed $45,800,000.00 to be distributed to intermediate districts for the provision of mental health and support services to general education students. From the funds allocated under this subsection, the department shall distribute $817,800.00 for 2020-2021 to each intermediate district that submits a plan approved by the department and the department of health and human services. The department and department of health and human services shall work cooperatively in providing oversight and assistance to intermediate districts during the plan submission process and shall monitor the program upon implementation. An intermediate district shall use funds awarded under this subsection to provide funding to its constituent districts, including public school academies that are considered to be constituent districts under section 705(7) of the revised school code, MCL 380.705, for the provision of mental health and support services to general education students. In addition to the criteria identified under subsection (7), an intermediate district shall consider geography, cost, or other challenges when awarding funding to its constituent districts. For 2020-2021 only, even if grants under this subsection have already been received by constituent districts of an intermediate district under this subsection, the intermediate district may award additional grants to its constituent districts from funding allocated through the amendatory act that added this sentence, based on applications as described in subsection (7) that have already been submitted for the fiscal year, and, if a constituent district did not apply for initial grants as described in subsection (7) before the effective date of the amendatory act that added this sentence and asks to apply for the additional grants described in this sentence, the intermediate district must allow the constituent district to submit an application for the additional grant funding. If funding awarded to an intermediate district remains after funds are provided by the intermediate district to its constituent districts, the intermediate district may hire or contract for experts to provide mental health and support services to general education students residing within the boundaries of the intermediate district, including, but not limited to, expanding, hiring, or contracting for staff and experts to provide those services directly or to increase access to those services through coordination with outside mental health agencies.

752.913. Potential self-harm and potential harm or criminal acts directed at school students, school employees, or schools; establishment of program for receiving reports and information from public; hotline; operational and administrative oversight; report; referral to community mental health services program psychiatric crisis line; source of information on available community mental health resources and contacts; notice; biannual update of emergency contact information.

(7) The department shall develop a source of information on available community mental health resources and contacts, including mental health services. The department shall notify schools and law enforcement of this information source. The notice must include the departmental recommendation that schools and law enforcement, on investigating a case and determining that mental illness or emotional disturbance is or may be involved, utilize this information in aiding subjects and their parents or guardians.

REGULATIONS

R 340.1011. Role of school social worker.

Rule 1. A school social worker may function in any of the following roles:

(a) Provide individual and group counseling to students and their families in need of assistance utilizing an ecological framework addressing variations in development and learning, as well as reciprocal influences of home, school, and community.

(b) Provide consultation, collaboration, and advisement services to students, their family members and school staff regarding students' social, emotional, and behavioral status impacting learning, development, mental health, and school success. Encourage developmentally appropriate student self-determination and self-advocacy.

(c) Implement school social work services within a multi-tiered intervention model for programs and services.

(d) Provide instruction, modeling, and coaching to students, parents, and school staff in the implementation of effective behavior intervention strategies and techniques. Provide ongoing guidance and training services to parents and school staff on topics pertinent to the development, mental health, and learning needs of students.

(e) Provide liaison, coordination, and case management services with schools, families, community agencies, and other resources to influence positive school outcomes for students.

(f) Develop functional behavior assessments and behavior intervention plans to facilitate successful learning and socialization opportunities.

Provide services and disseminate information to encourage schoolwide positive behavior supports.

(g) Identify and coordinate accommodations and modifications of school environment for a student to obtain access to general education curriculum and instruction.

(h) Provide support to facilitate successful transitions in areas that affect students' learning opportunities.

(i) Provide crisis prevention, planning, and intervention services, including assessments of the impact of trauma on development, learning, and school performance.

(j) Provide comprehensive written reports of assessments and evaluations of students that specifically address the reasons for referral. Utilize multiple methods of collecting data, and provide appropriate measurable goals for intervention and anticipated outcomes from service.

(k) Provide and interpret assessments and evaluations to determine eligibility for special education, and identify needs for programs and services.

(l) Utilize home and community settings, as appropriate, to collect assessment information, collaborate with parents, and provide interventions.

(m) Collaborate with parents, multidisciplinary evaluation team members, school administrators, and other community agencies to develop an accurate understanding of a student's disability, the impact of the disability on students' educational performance, and provide information regarding whether behaviors and school performance are attributable to manifestations of the disability.

(n) Conduct needs assessments and advocate for policies, programs, and services to meet educational and mental health needs of all students, and to support safe school climates conducive to learning.

(o) Identify issues that may interfere with student development, learning, and school success.

(p) Identify and work to prevent bias, prejudice, discrimination, and oppression that interfere with individual rights in the educational process.

(q) Ensure that prevention, assessment, evaluation, and intervention services are sensitive to the diverse needs of the student's multi-cultural differences.

(r) Consult, collaborate, and supervise school social work students and colleagues.

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