Relates to improving student mental health and mental health literacy in institutions of higher education in the state; requires the amendment or adoption of related protocols, policies and programs in SUNY, CUNY and independent institutions of higher education.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6804A
SPONSOR: Gunther TITLE OF BILL:
An act to amend the education law, in relation to improving student
mental health and mental health literacy in institutions of higher
education in the state, and requiring the amendment or adoption of
related protocols and policies of SUNY, CUNY and independent insti-
tutions of higher education
PURPOSE OR GENERAL IDEA OF BILL:
To promote policies at institutions of higher education to improve
responses to mental health needs and crises, to increase mental health
literacy on campuses, and to encourage whole health parity.
SUMMARY OF PROVISIONS:
Section one of the bill amends the education law by adding a new section
362, which requires the state university of New York (SUNY) schools to
review and amend protocols and policies intended to improve the mental
health of students, to improve mental health literacy among students and
staff, and to establish parity between physical and mental' health poli-
cies, whenever possible an appropriate. SUNY schools shall review, amend
and publish enrollment, re-enrollment, medical leave of absence, volun-
tary and involuntary leave and termination policies of the university,
intended to improve responses to mental health needs and crises of
students and improve suicide prevention and intervention. This section
also requires that a portion of orientation programs for new students be
devoted to mental health to enhance mental health literacy, to increase
knowledge about mental health, to increase help-seeking behavior, and to
reduce stigma.
This section also requires all full-time faculty, administrators,
athletic coaches, student-facing and support staff, as well as adjunct
professors of SUNY, on an annual basis, to undergo mental health train-
ing with a focus on identifying or recognizing signs of mental distress
among students.
Finally, this section directs SUNY and the State Education Department to
research, review, and publish model protocols and policies that may be
adopted to implement the goals of this section.
Section two of this bill adds a new section 6235 to the Education Law,
to require the same type of training and development of protocols and
policies for the City University of New York (CUNY), as would be
required for SUNY schools in section one.
Section three of the-bill adds a new section 237-a to the Education Law
to require the master plans of independent institutions of higher educa-
tion, as required by the Regents, to include protocols and policies
intended to improve the mental health of students, improve mental health
literacy among students, faculty and support staff, and establish parity
between physical and mental health. The master plans shall also review,
amend and publish enrollment, re-enrollment, medical leave of absence,
voluntary and involuntary leave and termination policies for students
experiencing mental health needs and crises; improve responses to mental
health needs and crises, improve suicide prevention and intervention
policies, and provide appropriate staff training to implement the
above-referenced protocols and policies.
Finally, independent institutions of higher education, shall review
model protocols and policies that may be developed or adopted by SONY,
CONY, or the State Education Department and consider whether to modify
or adopt for inclusion in their master plans.
Section four of the bill provides the effective date.
JUSTIFICATION:
There is evidence of a college mental health crisis dating back to at
least 2007. Data from an April of 2022 Active' Minds study showed a 135%
increase in depression and 110% increase in anxiety among college
students between 2013 and 2021, and in 2021 60% of college students met
the criteria for one or more mental health conditions.
A March, 2023 Healthy Minds study found that 44% of college students
reported symptoms of depression, 37% reported anxiety disorders, and 15%
reported having seriously considered suicide in the past year - the
highest recorded rates in the 15-year history of the survey.
A survey of college presidents conducted by Inside Higher Ed, found that
over 90 percent of presidents reported being very or somewhat concerned
about student mental health during the COVID-19.. crisis, making it
their top concern. The American. Council on Higher Education found that
over 66 percent of all presidents are reporting an increase in the
utilization of mental health services due to COVID-19.
This crisis is not limited to college students but pervades the mental
health and wellness of the whole college, including faculty, staff and
students. More than half of college faculty report signs of professional
burnout with 40% considering leaving their current jobs as a result of
COVID changes.
There are two ways to immediately support the mental health needs of
colleges. First, targeted training is needed to raise mental health
literacy on campuses tailored to the unique needs of students, faculty
and staff. In addition, colleges need to review and whenever possible
improve their policies and practices for responding to student mental
health challenges (i.e., whole health parity). These policies include,
but are not limited to, leave of absence and return to campus policies,
as well as policies for suicide prevention, intervention and "post-ven-
tion."
PRIOR LEGISLATIVE HISTORY:
A.6804 was referred to the Higher Education Committee on 5/8/23, but not
reported.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD.
EFFECTIVE DATE:
This act shall take effect immediately, except that the provisions
relating to the regents plan and university master plans pursuant to
section three of this act, shall be effective on the first date, follow-
ing the effective date of this act, when such plans are required to be
completed under section 237 of the education law.
STATE OF NEW YORK
________________________________________________________________________
6804--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. GUNTHER, FAHY -- read once and referred to the
Committee on Higher Education -- recommitted to the Committee on High-
er Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to improving student
mental health and mental health literacy in institutions of higher
education in the state, and requiring the amendment or adoption of
related protocols and policies of SUNY, CUNY and independent insti-
tutions of higher education
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 362 to
2 read as follows:
3 § 362. Student mental health. 1. The state university shall take the
4 following actions regarding student mental health needs:
5 (a) (i) review, amend and publish various protocols and policies
6 intended to improve the mental health of students, to improve mental
7 health literacy among students and staff, and to establish parity
8 between physical and mental health, including reasonable accommodations,
9 whenever possible and appropriate;
10 (ii) review, amend and publish enrollment, re-enrollment, medical
11 leave of absence, voluntary and involuntary leave and termination poli-
12 cies of the state university and create specific provisions for students
13 experiencing mental health issues or crises, that are intended to
14 improve responses to the mental health needs and crises of students,
15 improve suicide prevention and intervention, provide flexible voluntary
16 leave opportunities, provide individualized student assessments with
17 consideration of reasonable requests by students and appropriate defer-
18 ence to their treating providers, and provide reasonable accommodations
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10931-02-4
A. 6804--A 2
1 to avoid extended involuntary leave or termination, whenever possible
2 and appropriate;
3 (b) include a mental health section in orientation programs for newly
4 enrolled students intended to enhance mental health literacy among
5 students, to increase knowledge about mental health and help-seeking
6 behaviors, and to reduce stigma;
7 (c) all full-time faculty, administrators, athletic coaches, student-
8 facing and support staff, including adjunct professors of the universi-
9 ty, shall be required to receive mental health training on mental health
10 literacy, relevant disability law, reduction of stigma training, best
11 practices regarding reasonable accommodations for students with mental
12 health needs, and recognizing signs of mental distress among students
13 and recommended follow-up safety actions. All such training shall be
14 provided in a culturally competent manner. Staff shall receive initial
15 training within one year of the effective date of this section, or with-
16 in one year after the date upon which they commence employment at the
17 university, with refresher training required within each three-year
18 period thereafter. The chancellor of the state university, in conjunc-
19 tion with the commissioner, shall prescribe the form and manner in which
20 such training shall be provided; and
21 (d) institute other programs intended to address and improve student
22 mental health.
23 2. The state university and the department shall research, review, and
24 publish model protocols and policies, that may be adopted and imple-
25 mented by colleges and universities under their jurisdiction, to imple-
26 ment the provisions of subdivision one of this section.
27 § 2. The education law is amended by adding a new section 6235 to read
28 as follows:
29 § 6235. Student mental health. 1. The city university shall take the
30 following actions regarding student mental health:
31 (a) (i) review, amend and publish various protocols and policies
32 intended to improve the mental health of students, to improve mental
33 health literacy among students and staff, and to establish parity
34 between physical and mental health, including reasonable accommodations,
35 whenever possible and appropriate;
36 (ii) review, amend and publish enrollment, re-enrollment, medical
37 leave of absence, voluntary and involuntary leave and termination poli-
38 cies of the city university and create specific provisions for students
39 experiencing mental health issues or crises, that are intended to
40 improve responses to the mental health needs and crises of students,
41 improve suicide prevention and intervention, provide flexible voluntary
42 leave opportunities, provide individualized student assessments with
43 consideration of reasonable requests by students and appropriate defer-
44 ence to their treating providers, and provide reasonable accommodations
45 to avoid extended involuntary leave or termination, whenever possible
46 and appropriate;
47 (b) include a mental health section in orientation programs for newly
48 enrolled students intended to enhance mental health literacy among
49 students, to increase knowledge about mental health and help-seeking
50 behaviors, and to reduce stigma;
51 (c) all full-time faculty, administrators, athletic coaches, student-
52 facing and support staff, including adjunct professors of the city
53 university, shall be required to receive mental health training on
54 mental health literacy, relevant disability law, reduction of stigma
55 training, best practices regarding reasonable accommodations for
56 students with mental health needs, and recognizing signs of mental
A. 6804--A 3
1 distress among students and recommended follow-up safety actions. All
2 such training shall be provided in a culturally competent manner. Staff
3 shall receive initial training within one year of the effective date of
4 this section, or within one year after the date upon which they commence
5 employment at the city university, with refresher training required
6 within each three-year period thereafter. The chancellor of the city
7 university, in conjunction with the commissioner, shall prescribe the
8 form and manner in which such training shall be provided; and
9 (d) institute other programs intended to address and improve student
10 mental health.
11 2. The city university and the department shall research, review, and
12 publish model protocols and policies, that may be adopted and imple-
13 mented by colleges and universities under their jurisdiction, to imple-
14 ment the provisions of subdivision one of this section.
15 § 3. The education law is amended by adding a new section 237-a to
16 read as follows:
17 § 237-a. Student mental health, mental health literacy and training in
18 master plans of independent institutions of higher education. 1. The
19 regents plan for higher education, required to be developed and trans-
20 mitted pursuant to section two hundred thirty-seven of this part, and
21 approved master plans of independent institutions of higher education
22 shall include protocols and policies intended to improve the mental
23 health of students, improve mental health literacy among students,
24 faculty and support staff, and establish parity between physical and
25 mental health, including reasonable accommodations, whenever possible
26 and appropriate. The regents plan shall also require such institutions
27 to review, amend and publish enrollment, re-enrollment, medical leave of
28 absence, voluntary and involuntary leave, and termination policies for
29 students experiencing mental health issues or crises; improve responses
30 to mental health needs and crises; review and improve suicide prevention
31 and intervention policies; and provide appropriate staff training to all
32 full-time faculty, administrators, athletic coaches, student-facing and
33 support staff, as well as adjunct professors, to implement the above-re-
34 ferenced protocols and policies.
35 2. Independent institutions of higher education, shall review model
36 protocols and policies that may be developed or adopted by the universi-
37 ty, the city university, or the department and consider whether to adopt
38 such protocols and policies, in whole or in part, for inclusion in their
39 master plans, for purposes of improving student mental health, mental
40 health literacy, and responses to mental health needs and crises in such
41 institutions.
42 § 4. This act shall take effect immediately; provided, however, that
43 the provisions relating to the regents plan and university master plans
44 pursuant to section three of this act, shall be effective on the first
45 date, following the effective date of this act, when such plans are
46 required to be completed under section 237 of the education law.
