ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 91
March 13, 2025 - Offered by Representative Sinicki.
AB91-ASA1,1,8
1An Act to repeal 115.364 (1) (a), (am) and (b), 115.364 (2) (a) 2. and 3. and 2115.364 (2) (b) 2.; to renumber and amend 115.364 (1) (intro.) and 115.364 3(2) (b) 1.; to consolidate, renumber and amend 115.364 (2) (a) (intro.) and 41.; to amend 20.255 (2) (da), 20.255 (2) (dt) (title), 115.28 (63) (intro.), 115.364 5(title) and 115.366 (3); to repeal and recreate 115.367 of the statutes; 6relating to: school-based mental health services, peer-to-peer suicide
7prevention grants, mental health training programs for school staff, and
8making an appropriation. Analysis by the Legislative Reference Bureau
This bill 1) replaces an existing grant program that supports collaboration between public schools and community mental health agencies to provide mental health services to pupils with a new categorical aid for comprehensive school mental health services; 2) expands the types of expenditures that are eligible for reimbursement under the categorical aid program related to the costs of employing, hiring, and retaining pupil services professionals; 3) increases the maximum annual peer-to-peer suicide prevention grant amount to $6,000; and 4) expands the types of training included in the mental health training program that the Department of Public Instruction must offer to school districts and independent charter schools and requires DPI to offer the program to out-of-school-time program employees.
Aid for comprehensive school mental health services
Under current law, DPI awards grants to school districts and independent charter schools for the purpose of collaborating with community mental health agencies to provide mental health services to pupils. This bill replaces the current grant program with new categorical aid for comprehensive school mental health services to school districts and independent charter schools.
Under the bill, beginning in the 2025–26 school year, DPI must annually reimburse a school board or the operator of an independent charter school for costs incurred for mental health services during in-school or out-of-school time, up to the greater of $100,000 or $100 per pupil who was enrolled in the school district or independent charter school in the previous school year. If the amount appropriated for this purpose is insufficient, DPI must prorate the reimbursements.
School mental health and pupil wellness; categorical aid
Under current law, DPI must make payments to school districts, independent charter schools, and private schools participating in parental choice programs (local education agency) that increased the amount they spent to employ, hire, or retain social workers. Under current law, DPI first pays each eligible local education agency 50 percent of the amount by which the eligible local education agency increased its expenditures for social workers in the preceding school year over the amount it expended in the school year immediately preceding the preceding school year. If, after making those payments, there is money remaining in the appropriation account for that aid program, DPI makes additional payments to eligible local education agencies. The amount of those additional payments is determined based on the amount remaining in the appropriation account and the amount spent by eligible local education agencies to employ, hire, and retain social workers during the previous school year.
The bill expands eligibility for the payments under the aid program to include spending on school counselors, school social workers, school psychologists, and school nurses (pupil services professionals). The bill also eliminates the two tier reimbursement structure of the aid program and eliminates the requirement that a local education agency is eligible for the aid only if the local education agency increased its spending. Under the bill, any local education agency that made expenditures to employ, hire, or retain pupil services professionals during the previous school year is eligible for reimbursement under the aid program.
Peer-to-peer suicide prevention grants
Under current law, DPI administers a competitive grant program to award grants to public, private, and tribal high schools for the purpose of supporting peer-to-peer suicide prevention programs. Under current law, the maximum annual peer-to-peer suicide prevention grant amount is $1,000. The bill increases the maximum annual peer-to-peer suicide prevention grant amount to $6,000.
Mental health training programs
Under current law, DPI must establish a mental health training program under which it provides training to school district and independent charter school staff on three specific evidence-based strategies related to addressing mental health issues in schools. The three specific evidence-based strategies are 1) The Screening, Brief Intervention, and Referral to Treatment program, 2) Trauma Sensitive Schools, and 3) Youth Mental Health First Aid.
The bill expands the mental health training program to include training on any evidence-based strategy related to addressing mental health issues and suicide prevention in schools and converts the list of evidence-based strategies under current law to a nonexclusive list of strategies. Additionally, the bill requires that DPI provide the training to out-of-school-time program employees.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB91-ASA1,1
1Section 1. 20.255 (2) (da) of the statutes is amended to read: AB91-ASA1,2,5220.255 (2) (da) Aid for school mental health programs; pupil services 3professionals. The amounts in the schedule for aid to school districts and 4independent charter schools employ, hire, and retain pupil services professionals 5under s. 115.364. AB91-ASA1,26Section 2. 20.255 (2) (dt) (title) of the statutes is amended to read: AB91-ASA1,2,8720.255 (2) (dt) (title) School-based Aid for comprehensive school mental health 8services grants. AB91-ASA1,39Section 3. 115.28 (63) (intro.) of the statutes is amended to read: AB91-ASA1,3,410115.28 (63) Mental health training program. (intro.) Establish a mental 11health training support program under which the department provides training on 12all of the following evidence-based strategies related to addressing mental health
1issues in schools to school district staff and, instructional staff of charter schools 2under s. 118.40 (2r) or (2x), and individuals employed by an out-of-school-time 3program on evidence-based strategies related to addressing mental health needs 4and suicide prevention in schools, including all of the following: AB91-ASA1,45Section 4. 115.364 (title) of the statutes is amended to read: AB91-ASA1,3,76115.364 (title) Aid for school mental health programs, pupil services 7professionals. AB91-ASA1,58Section 5. 115.364 (1) (intro.) of the statutes is renumbered 115.364 (1) and 9amended to read: AB91-ASA1,3,1110115.364 (1) In this section:, “pupil services professional” means a school 11counselor, school social worker, school psychologist, or school nurse. AB91-ASA1,612Section 6. 115.364 (1) (a), (am) and (b) of the statutes are repealed. AB91-ASA1,713Section 7. 115.364 (2) (a) (intro.) and 1. of the statutes are consolidated, 14renumbered 115.364 (2) (a) and amended to read: AB91-ASA1,4,215115.364 (2) (a) Beginning in the 2018-19 2025-26 school year and annually 16thereafter, the state superintendent shall do all of the following: 1. Subject, subject 17to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible 18reimburse a school district board, the operator of a charter school established under 19s. 118.40 (2r) or (2x), or the governing body of a private school participating in a 20program under s. 118.60 or 119.23 for an amount equal to 50 percent of the amount 21by which the school district increased its expenditures made by the school board, 22operator, or governing body in the preceding school year to employ, hire, or retain 23social workers over the amount it expended in the school year immediately
1preceding the preceding school year to employ, hire, or retain social workers pupil 2services professionals. AB91-ASA1,83Section 8. 115.364 (2) (a) 2. and 3. of the statutes are repealed. AB91-ASA1,94Section 9. 115.364 (2) (b) 1. of the statutes is renumbered 115.364 (2) (b) and 5amended to read: AB91-ASA1,4,116115.364 (2) (b) If the appropriation under s. 20.255 (2) (da) in any fiscal year 7is insufficient to pay the full amount of aid under par. (a), the state superintendent 8shall prorate state aid payments among the school districts, private schools, and 9independent charter schools boards, operators of charter schools established under 10s. 118.40 (2r) and (2x), and governing bodies of private schools participating in 11programs under ss. 118.60 and 119.23 that are eligible for the aid. AB91-ASA1,1012Section 10. 115.364 (2) (b) 2. of the statutes is repealed. AB91-ASA1,1113Section 11. 115.366 (3) of the statutes is amended to read: AB91-ASA1,4,1614115.366 (3) Awards. Beginning in the 2020-21 school year, from From the 15appropriation under s. 20.255 (2) (du), the department shall award up to $1,000 16$6,000 for each school for which a grant is awarded under sub. (1). AB91-ASA1,1217Section 12. 115.367 of the statutes is repealed and recreated to read: AB91-ASA1,4,2418115.367 Aid for comprehensive school mental health services. (1) 19Beginning in the 2025-26 school year and annually thereafter, the state 20superintendent shall, from the appropriation under s. 20.255 (2) (dt) and subject to 21sub. (3), reimburse a school board or the operator of a charter school established 22under s. 118.40 (2r) or (2x) for expenditures relating to mental health services 23provided during in-school or out-of-school time. Mental health services eligible for 24reimbursement under this subsection include at least all of the following: AB91-ASA1,5,1
1(a) Mental health evidence-based improvement strategies. AB91-ASA1,5,32(b) Mental health literacy and stigma reduction programs for pupils and 3adults. AB91-ASA1,5,64(c) Collaborating or contracting with community mental health providers, 5consultants, organizations, cooperative educational service agencies, and other 6experts to provide consultation, training, mentoring, and coaching. AB91-ASA1,5,77(d) Parent training and informational events. AB91-ASA1,5,88(e) Assistance programs for pupils and families. AB91-ASA1,5,99(f) Mental health navigators. AB91-ASA1,5,1010(g) Mental health system planning. AB91-ASA1,5,1111(h) Translator and interpreter services. AB91-ASA1,5,1312(i) School-employed mental health professionals who are accessible to all 13pupils and for whom a reimbursement is not made under s. 115.364 (2) (a). AB91-ASA1,5,1514(j) Setting up spaces and purchasing equipment suitable for mental health 15telehealth service delivery. AB91-ASA1,5,1716(k) Projects designed to assist minors experiencing problems resulting from 17the use of alcohol or other drugs or to prevent alcohol or other drug use by minors. AB91-ASA1,5,1818(L) Telehealth services, as defined in s. 440.01 (1) (hm). AB91-ASA1,5,1919(2) The following costs are ineligible for reimbursement under sub. (1): AB91-ASA1,5,2020(a) Payments for direct treatment services or insurance deductibles. AB91-ASA1,5,2121(b) Training that is not related to pupil mental health. AB91-ASA1,5,2222(c) Staff salaries for positions that are not related to pupil mental health.
