Employment of certain school-based therapists - legislative declaration - definitions

(1) The general assembly finds and declares that: (a) In 2021, children's hospital in Colorado declared a youth mental health state of emergency and in 2022 said that conditions are worse; (b) In 2022, the centers for disease control and prevention released a survey that found that forty-four percent of high school students reported that they felt persistently sad or hopeless during the past year and that schools are crucial partners in supporting the health and well-being of students; (c) The complex and time-consuming process for school-based therapists to receive a special services license from the department of education prevents schools and school districts from employing school-based therapists who might otherwise help students; (d) School-based therapists are already licensed by various state boards in the department of regulatory affairs; and (e) Students can be protected by requiring school-based therapists employed in schools to submit to fingerprint-based criminal history background checks and to be supervised by administrators who are licensed by the department of education. (2) As used in this section, unless the context otherwise requires: (a) "Eligible school-based therapist" means a person who meets the eligibility requirements described in subsection (4) of this section and who is a: (I) Psychologist licensed pursuant to part 3 of article 245 of title 12; (II) Social worker licensed pursuant to part 4 of article 245 of title 12; (III) Marriage and family therapist licensed pursuant to part 5 of article 245 of title 12; (IV) Licensed professional counselor licensed pursuant to part 6 of article 245 of title 12; or (V) Addiction counselor licensed pursuant to part 8 of article 245 of title 12. (b) "School" means a school of a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or the Colorado school for the deaf and the blind. (c) "School district" means a school district organized and existing pursuant to law. "School district" includes the state charter school institute, a board of cooperative services that operates a school, and schools operated by the division of youth services. (3) Notwithstanding any provision of this article 60.5 to the contrary, and subject to the requirements of this section, a school or a school district may employ an eligible school-based therapist to work in coordination with licensed special service providers at the school or school district coordinating mental health supports for students. A person employed as an eligible school-based therapist may be supervised by a special services provider with a school counselor endorsement or an administrator licensed pursuant to section 22-60.5-306. When hiring an eligible school-based therapist, schools and school districts should ensure that the therapist has a background and expertise in working with children and adolescents. An eligible school-based therapist should supplement and not replace or supplant a special services provider. (4) Prior to employment, the school or a school district and an eligible school-based therapist shall comply with the requirements of section 22-32-109.8, including the requirement for the eligible school-based therapist to submit fingerprints. (5) If an eligible school-based therapist provides services to a student related to the student's individualized education program, as developed pursuant to part 1 of article 20 of this title 22, the eligible school-based therapist must have qualifications consistent with the student's individualized education program.