New York School Discipline Laws & Regulations: School-based Behavioral Health Programs

Discipline Compendium

New York School Discipline Laws & Regulations: School-based Behavioral Health Programs

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

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LAWS

414. Use of schoolhouse and grounds.

1. (j) For licensed school-based health, dental or mental health clinics.

(i) For the purposes of this subdivision, the term "licensed school-based health, dental or mental health clinic" means a clinic that is located in a school facility of a school district or board of cooperative educational services, is operated by an entity other than the school district or board of cooperative educational services and will provide health, dental or mental health services during school hours and/or non-school hours to school-age and preschool children, and that is: (1) a health clinic approved under the provisions of chapter one hundred ninety-eight of the laws of nineteen hundred seventy-eight; or (2) another school-based health or dental clinic licensed by the department of health pursuant to article twenty-eight of the public health law; or (3) a school-based mental health clinic licensed or approved by the office of mental health pursuant to article thirty-one of the mental hygiene law; or (4) a school-based mental health clinic licensed by the office for people with developmental disabilities pursuant to article sixteen of the mental hygiene law.

(ii) Health professionals who provide services in licensed school-based health, dental or mental health clinics shall be duly licensed pursuant to the provisions of title eight of this chapter unless otherwise exempted by law and shall be authorized to provide such services to the extent permitted by their respective practice acts.

(iii) Except where otherwise authorized by law, the cost of providing health, dental or mental health services shall not be a charge upon the school district or board of cooperative educational services, and shall be paid from federal, state or other local funds available for such purpose. Building space used for such a clinic shall be excluded from the rated capacity of the school building for the purpose of computing building aid pursuant to subdivision six of section thirty-six hundred two of this chapter or aid pursuant to subdivision five of section nineteen hundred fifty of this chapter.

(iv) Nothing in this paragraph shall be construed to justify a cause of action for damages against a school district or a board of cooperative educational services by reason of acts of negligence or misconduct by a school-based health, dental or mental health clinic or such clinic's officers or employees.

REGULATIONS

144.7. School safety grant program.

(a) Scope of section. The purpose of this section is to establish standards and procedures for the awarding of grants pursuant to section 551 of Chapter 170 of the Laws of 1994 to school districts for the conduct of school safety programs.

(b) Definitions. As used in this section: "school districts," "school safety and violence prevention programs," "extended day programs," "conflict resolution/violence prevention programs," "safe corridors program," "parent centers," "additional support staff," "collaborative school safety programs" and "needs assessments" shall have the meanings ascribed to them by subdivision 1 of section 551 of chapter 170 of the laws of 1994.

(c) Applications.

(3) Applications shall describe how the program is coordinated with related programs and projects, including, but not limited to, education, law enforcement, judicial, health, social service, juvenile justice programs, alcohol and drug counseling and mental health programs and projects, and relates to improved student achievement and identifies how the objectives of the program will become part of the overall school program.

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U.S. Department of Education

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