Monday, February 1, 2016
Jason Flatt Act Background Info
State Laws on Suicide Prevention Training for School Personnel Overview: According to the latest (2013) data from the Centers for Disease Control and Prevention (CDC), suicide is the second leading cause of death for young people ages 10-24 (Centers for Disease Control and Prevention, 2015). According to the 2013 Youth Risk Behavior Survey, more than 1 in 6 high school students in the U.S. reported having seriously considered attempting suicide in the 12 months preceding the survey, and 8% of students (about 1 in 12) reported having attempted suicide in the preceding 12 months (Centers for Disease Control and Prevention, 2013). As children and teens spend a significant amount of their young lives in school, the personnel that interact with them on a daily basis are in a prime position to recognize the signs of suicide and make the appropriate referrals for help. To be able to do this, they will need effective training to acquire the necessary skills and confidence to intervene with youth at-risk, and mandated training is one way to ensure that all school personnel have a baseline understanding of suicide risk and the referral process. Suicide prevention training for school personnel is targeted within the updated 2012 National Strategy for Suicide Prevention (NSSP), which includes 4 strategic directives and a set of 13 goals and corresponding 60 objectives that recommend a variety of organizations and individuals become involved in suicide prevention. Specifically, Goal 7 of the revised NSSP is to “Provide training to community and clinical service providers on the prevention of suicide and related behaviors.” These community-based and clinical prevention professionals include educators and school personnel, as their “work brings them into contact with persons with suicide risk,” and they should therefore be “trained on how to address suicidal thoughts and behaviors and on how to respond to those who have been affected by suicide.” Corresponding Objective 7.1 specifically indicates school counselors as persons “on the frontlines of suicide prevention” that should receive training, and recommends that schools, colleges, and universities “train relevant school staff to recognize students at potential risk of suicide and refer to appropriate services.” Several other objectives within the NSSP (Objectives 1.1, 3.1, and 5.2 specifically) also assert that suicide prevention should be integrated into the values, culture, leadership, and work of educational institutions, and that schools, colleges, and universities have a role to play in “training personnel who are in contact with individuals with suicide risk, and providing support to individuals in crisis,” (U.S. Department of Health and Human Services Office of the Surgeon General and National Action Alliance for Suicide Prevention [U.S. Dept. of HHS & Action Alliance], 2012). Teachers and other school personnel must not only be well-equipped to identify and communicate with their students about suicidal behaviors, but they must also be able to accurately discuss these issues with each other. While school staff and faculty should not be expected to make clinical diagnoses, they should be able to recognize developing signs and symptoms associated with suicide risk, mental disorders, and substance abuse. Providing these professionals with the skills, vocabulary, and techniques to be comfortable with these issues through specific training “could enhance these providers’ ability to provide support to individuals at risk and make appropriate referrals,” (U.S. Dept. of HHS & Action Alliance, 2012). Updated 9/29/2015 School Personnel Training Laws Overview Page 2 of 7 Current State Laws: State Mandated Annual Training (9 states) There are currently nine states (Alaska, Delaware, Georgia, Kentucky, Louisiana, Nebraska, North Dakota, Tennessee, and Texas) that mandate annual suicide prevention training for school personnel. In Alaska, Georgia, Louisiana, North Dakota, Tennessee, and Texas, this mandate is titled the Jason Flatt Act. Alaska requires 2 hours of training each year for teachers, administrators, counselors, and specialists who provide services to students in grades 7-12 [adopted 2012] Delaware requires public school employees to receive 90 minutes of training each year; training materials must be evidence based and developed/approved by the Departments of Health and Social Services, Services for Children Youth and their Families, and Education [adopted 2015] Georgia requires annual training for all certificated public school personnel; the training must be provided within the framework of existing in-service training programs offered by the department of education or as part of required professional development offered by a local school system [adopted 2015] Kentucky requires 2 hours of “self-study review of suicide prevention materials” each year for high school and middle school principals, guidance counselors, and teachers [adopted 2010] Louisiana requires 2 hours of in-service training each year for teachers, school counselors, principals, and other administrators “for whom such training is deemed beneficial” [adopted 2008] Nebraska requires at least 1 hour of training each year for all public school nurses, teachers, counselors, school psychologists, administrators, school social workers, and other “appropriate personnel”; also requires the department of education to collaborate with others in the state to develop a list of approved training materials that identify available mental health services and instruct on when and how to refer youth and their families to those services [adopted 2014] North Dakota requires that middle and high school teachers, administrators, and instructional staff receive at least 2 hours of professional development annually in youth suicide risk indicators, appropriate responses, and referral sources [initially adopted 2013, added annual requirement 2015] Tennessee requires 2 hours of in-service training each year for teachers and principals [adopted 2007] Texas: o Requires annual staff development for educators in suicide prevention; training must be based on best practice recommended by the Department of State Health Services in coordination with the Texas Education Agency and may be completed via independent online review [adopted 2015]; o Requires that minimum academic qualifications for certified educators also require instruction regarding mental health, substance abuse, and youth suicide, provided through a program selected from the list of recommended best practice-based programs established under §161.325 Health and Safety Code, and including effective strategies for teaching and intervening with students with mental or emotional Updated 9/29/2015 School Personnel Training Laws Overview Page 3 of 7 disorders, including de-escalation techniques and positive behavioral interventions and supports [initially adopted 2013, amended 2015] State Mandated Training, Not Annual (16 states) There are currently sixteen states (Arkansas, Connecticut, Illinois, Indiana, Maine, Maryland, Massachusetts, Mississippi, New Jersey, Ohio, Pennsylvania, South Carolina, Utah, Washington, West Virginia, and Wyoming) that mandate training in suicide prevention for school personnel but do not specify that the training must be annual. In Arkansas, Mississippi, Ohio, South Carolina, West Virginia, and Wyoming, the law is titled the Jason Flatt Act. Arkansas requires 2 hours of training every 5 years for licensed personnel [adopted 2011] Connecticut requires (an unspecified duration of) training once, as a condition of initial certification for beginning teachers; local boards of education must also provide an in-service training program for teachers, administrators, and pupil personnel that includes information on youth suicide prevention and response [adopted 2011] Illinois requires school guidance counselors, teachers, school social workers, and other personnel who work with pupils in grades 7-12 to be trained (unspecified duration) and taught various intervention techniques; the training must be provided within the framework of existing in-service training programs or required professional development activities [adopted 2009] Indiana requires (an unspecified duration of) training as a requirement for initial teaching licensure, for applicants for initial teaching license at any grade level [adopted 2011] In Maine, beginning in the 2014-2015 school year for high schools and in the 2015-2016 school year for middle and elementary schools, all school personnel will be required to receive a 1-2 hour in-service training module in suicide prevention awareness every 5 years, and at least two personnel in each school will be required to take a more intensive one-day course in suicide prevention and intervention training every 5 years [adopted 2013] Maryland now requires certified school counselors, on or before July 1, 2016, to have obtained the knowledge and skills required to understand and respond to the social, emotional, and personal development of students, including (1) knowledge and skills relating to the recognition of indicators of mental illness and behavioral distress, including depression, trauma, violence, youth suicide, and substance abuse; and (2) The identification of professional resources to help students in crisis [adopted 2015] Massachusetts requires that all licensed school personnel receive at least 2 hours of training every three years [adopted 2014] Mississippi requires (an unspecified duration of) training only once, for all newly employed licensed teachers and principals [adopted 2009] New Jersey requires 2 hours of training to be completed in each professional development period for public school teaching staff members; New Jersey is unique in that it specifies that a qualified trainer in the mental health community must administer the training [adopted 2006] Ohio requires that training in youth suicide, awareness, and prevention be incorporated into existing in-service training required for nurses, teachers, counselors, school psychologists, administrators, and any other “appropriate” personnel every 5 years [adopted 2012] Updated 9/29/2015 School Personnel Training Laws Overview Page 4 of 7 Pennsylvania, beginning with the 2015-2016 school year, will require at least 4 hours of training every 5 years for professional educators in school buildings serving students in grades 6-12 [adopted 2014] South Carolina requires 2 hours of training every 5 years (consistent with the state’s existing licensure cycle) [adopted 2012] Utah requires 2 hours of training consistent with the state’s licensure cycle [adopted 2012] In Washington, school social workers, school nurses, school psychologists, and school counselors are required to receive at least 3 hours of training as a condition of professional certification [adopted 2013] West Virginia requires “routine education” for professional educators, including principals, administrators, and those service personnel having direct contact with students [adopted 2012] Wyoming requires at least 8 hours of suicide prevention education every 4 school years for all teachers and administrators using “suitable materials reviewed and recommended” by the state superintendent and the director of the department of education (beginning in the 2014-2015 school year) [adopted 2014] State Encourages Training (14 states) There are fourteen states (Alabama, Arizona, California, Colorado, Florida, Michigan, Minnesota, Montana, Nevada, New York, Oklahoma, Rhode Island, Virginia, and Wisconsin) with laws in place that encourage suicide prevention training for school personnel. In some states this means the provision of access to training as an option for professional development. In others, structures are put in place by the legislature to provide for the training, but school personnel are not required to make use of those training options. Or, the state allows grant funding to be used for suicide prevention training, but does not require it. Other (Unique) School Suicide Prevention Statutes Eight states (Connecticut, Delaware, Georgia, Illinois, Maine, Pennsylvania, Utah, and Washington) require school suicide prevention policies and or programming statewide; nine other states (Alabama, Arkansas, California, Louisiana, Maryland, New Jersey, Oklahoma, Texas, and Virginia) encourage school suicide prevention policies and or programming Idaho encourages the inclusion of teen early intervention specialists in schools to provide suicide prevention counseling services Iowa encourages early intervention programs for students at-risk for suicide North Carolina requires at least one employee within the local school administrative unit be trained in the unique needs of children who have immediate family members in the military, including training on suicide risks Oklahoma requires teachers, counselors, principals, administrators, and other school personnel to immediately notify the parents or legal guardians of students determined to be at risk for attempting suicide Utah requires schools to notify a parent or guardian if their student threatens to complete suicide or is involved in a bullying incident and maintain a record of that notification; school boards are required to adopt a policy regarding the process for parent/guardian notification Updated 9/29/2015 School Personnel Training Laws Overview Page 5 of 7 Virginia requires all licensed administrative or instructional personnel to contact a student’s parent “as soon as practicable” should they have reason to believe, as a result of direct communication from a student, that such student is at imminent risk of suicide Current Advocacy Efforts: The American Foundation for Suicide Prevention (AFSP) recognizes that the training of school personnel is a crucial step toward reducing the rate of suicide among young people in the U.S., and has therefore made mandated suicide prevention training for these key gatekeepers a public policy priority. Many states that currently mandate suicide prevention training for school personnel achieved this through adopting a bill titled The Jason Flatt Act, the hallmark piece of legislation for the not-for-profit organization, the Jason Foundation, Inc. (JFI). In most states, the Jason Flatt Act mandates 2 hours of suicide prevention training for school personnel, although in each state the requirements vary slightly. Recognizing this accomplishment, and to better address this public policy priority, AFSP joined efforts with JFI in 2011-2015 to actively support passage of the Jason Flatt Act in Alaska, Georgia, North Dakota, Ohio, South Carolina, Utah, and Wyoming. AFSP Model Legislation on Suicide Prevention in Schools: After working with JFI on several states in 2011-2012, AFSP wanted to promote this type of advocacy work in additional states where JFI has not introduced the Jason Flatt Act. For these states, AFSP has developed model legislation for use by AFSP Field Advocate volunteers, AFSP Chapter volunteers, and members of the general public who would like to propose this type of legislation to their own state lawmakers. In development of the model legislation, AFSP public policy staff consulted with members of AFSP’s national Public Policy Council, referenced current empirical research and existing state laws, and incorporated feedback from staff and volunteers who were involved in the passage of suicide prevention training laws in their state. The model legislation is intended to serve as an ideal starting point with elected officials who are willing to consider sponsoring a suicide prevention in schools bill. See page 7 of this document for the full model legislation. Training Resources: Every state has some form of suicide prevention training or awareness program available. However, the availability and accessibility of these programs vary. The appeal of AFSP’s Model Legislation on Suicide Prevention in Schools, and of the Jason Flatt Act, is that their language is worded to allow flexibility within states to choose the training programs that will best fit the educational environment(s) within their state. AFSP offers several resources for schools that may be used to implement existing laws or to offset the cost of proposed legislation (fiscal note). Details can be found online at http://www.afsp.org/preventing-suicide/our-education-and-prevention-programs/programs-forteens-and-young-adults. All are offered either as a free download online or through local AFSP chapters. Seventy-five (75) AFSP chapters currently serve 43 states across the U.S. Find your local chapter online at http://www.afsp.org/local-chapters/find-your-local-chapter. Updated 9/29/2015 School Personnel Training Laws Overview Page 6 of 7 References: The following resources were consulted for statistics and background information for this overview: Centers for Disease Control and Prevention. (2015). National Center for Injury Prevention and Control: WISQARS Leading Causes of Death Reports, National and Regional, 1999-2008. Retrieved January 30, 2015 from http://webappa.cdc.gov/sasweb/ncipc/leadcaus10_us.html. Centers for Disease Control and Prevention. 2013 Youth Risk Behavior Survey. Available at: www.cdc.gov/yrbs. Accessed on June 30, 2014. U.S. Department of Health and Human Services (HHS) Office of the Surgeon General and National Action Alliance for Suicide Prevention. (September 2012). 2012 National Strategy for Suicide Prevention: Goals and Objectives for Action. Washington, DC: HHS. Retrieved September 11, 2012 from http://www.surgeongeneral.gov/library/reports/national-strategy-suicideprevention/full-report.pdf. Updated 9/29/2015 School Personnel Training Laws Overview Page 7 of 7 AFSP Model Legislation: Suicide Prevention in Schools (1) Beginning in the 2016-2017 school year, the State Board/Department of Education shall adopt rules to require that all public school personnel receive at least 2 hours of suicide awareness and prevention training each year*. This training shall be provided within the framework of existing inservice training programs offered by the State Board/Department of Education or as part of required professional development activities. (2) The State Board/Department of Education shall, in consultation with state agency/coalition charged with coordinating state suicide prevention activities, other stakeholders, and suicide prevention experts, develop a list of approved training materials to fulfill the requirements of this Section. (a) Approved materials shall include training on how to identify appropriate mental health services both within the school and also within the larger community, and when and how to refer youth and their families to those services. (b) Approved materials may include programs that can be completed through self-review of suitable suicide prevention materials. (3) (a) Each public school district shall adopt a policy on student suicide prevention. Such policies shall be developed in consultation with school and community stakeholders, school employed mental health professionals, and suicide prevention experts, and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention. (b) To assist school districts in developing policies for student suicide prevention, the Department of Education shall develop and maintain a model policy to serve as a guide for school districts in accordance with this section. (4) (a) 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. (b) The training, or lack thereof, required by the provisions of this Section shall not be construed to impose any specific duty of care. *In those states where the legislature must amend section (1) to require training less often, for example, once every 5 years, or that remove a frequency requirement entirely, a new section will be added that states: The State Board/Department of Education shall adopt rules to require that all newly employed public school personnel receive at least 2 hours of suicide awareness and prevention training within 12 months of their date of hire.
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