[HISTORY: Adopted by the County Legislature of the County
of Ulster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-23-2013 by L.L. No. 2-2013[1]]
[1]
Editor's Note: This local law, a complete copy of which
is on file in the County offices, also included a list of resolutions
pertaining to its legislative history.
This article shall be known as the Ulster County School-based
Mental Health And Safety Act of 2013.
A.
The Ulster County Legislature finds that a lack of adequate mental
health services significantly affects school attendance and limits
academic success for students suffering from mental health issues.
It has been demonstrated that access to school-based mental health
treatment services improves school attendance and academic performance,
and is especially effective in rural areas, like Ulster County, where
families are often unable to travel great distances to reach mental
health professionals.
B.
It is imperative
that students receive greater access to mental health services, which
will both increase school attendance and academic performance, and
also alleviate the pressure on families in Ulster County struggling
with their child's mental health needs, coupled with a lack of
access to adequate mental health service. The stigmatization of people
dealing with mental health issues combined with the economic pressures
on schools has reduced access to mental health services in Ulster
County. Recent funding cuts to Ulster County based mental health programs
have only exacerbated this gap in services.
C.
School districts in Ulster County depend on the Ulster Board of Educational
Cooperative Services (BOCES) for a variety of programs and services
to meet their educational and financial goals. The BOCES model provides
accountability, municipal sharing, efficiency and equity. As such,
school districts may authorize Ulster BOCES to centralize mental health
professionals and deploy staff to meet the individual needs of each
school district.
As used in this article, the following terms shall have the
following meanings:
Created in 1948 by the New York State legislature, BOCES
serves New York State schools. BOCES has grown from the birth of the
cooperative services concept in 1948 to the present through an evolutionary
process combining the success of BOCES services with appropriate changes
in legislation. The BOCES of New York State have become true educational
service agencies serving local school districts, the community, and
the State Education Department. New York General Municipal Law, § 119-n,
Subdivision a, the definition of a municipal corporation includes
a board of cooperative educational services (BOCES).
Pursuant to Article VI, § C-44, of the Ulster County Charter, is experienced in public mental health administration and meets the qualifications for this position as specified in the New York State Mental Hygiene Law and/or by the State Commissioner of Mental Hygiene. He or she shall have and exercise all the powers and duties conferred or imposed upon a Director of Community Mental Health or Community Services Board by the Mental Hygiene Law or any other law.
Pursuant to Article VI, § C-45, of the Ulster County Charter, consists of 15 members who have demonstrated interest in behavioral health services.
The joint provision, performance, or delivery of a service,
facility, activity, project or undertaking by two or more municipalities
which each may lawfully undertake separately. For purposes of this
article, school districts shall be considered and treated as municipalities.
A treatment center within each school for the purposes of
treating mental health issues which offers an assortment of programs
and services targeting those students who have emotional and behavioral
difficulties in educational settings.
A member of law enforcement hired by the school district
who visits classrooms and teaches students concepts of safety, traffic
laws, general law, and crime prevention techniques. The S.R.O. will
work closely with individual teachers to create special programs tailored
to specific units of study to help increase student awareness and
understanding of laws and personal safety. The S.R.O. provides a positive
image of law enforcement in an effort to help young people make constructive
choices in their lives. The S.R.O.'s primary duty is to protect
the school's safe environment and to maintain an atmosphere where
students, teachers and staff feel safe enough to learn.
The chief executive officer of a school district.
Pursuant to Article II, § C-11 of the Ulster County Charter, the appropriating and policy-determining body of the County and, as such, shall have and exercise all powers and duties now or hereafter conferred upon it by applicable law and any and all powers necessarily implied or incidental thereto, and all the powers assigned to it by the Ulster County Charter and restricted as therein provided. Further, § C-11O of the Ulster County Charter authorizes the Legislature to approve the execution of all contracts in excess of $50,000 entered into by the County and Section A2-6A(3) of the Ulster County Administrative Code provides that the Chairman of the Ulster County Legislature can, upon approval of the County Legislature, enter into an intermunicipal shared services agreement (ISSA) on behalf of the County of Ulster.
Pursuant to Article VI of the Ulster County Charter, the
local government agency responsible for planning, funding and monitoring
of community mental health, mental retardation/developmental disability
and alcohol and substance abuse services in Ulster County.
All public schools within Ulster County, as defined by the
New York State Education Department.
Pursuant to Article XX of the Ulster County Charter, the
chief law enforcement official in Ulster County. The Sheriff is responsible
for protecting life and property, preventing crime, solving problems
and fostering good will through courtesy and professionalism.
This article shall be implemented and administered in the following
manner:
A.
The Commissioner of the Ulster County Mental Health Department, in
consultation with the Community Services Board, shall be authorized
and directed to perform the following actions:
(1)
Conduct a needs assessment every three years of mental health services
in Ulster County School Districts and report its findings to the Legislature.
(2)
Provide assistance to Ulster County School Districts and BOCES based
upon the findings of the needs assessment.
(3)
Procure intermunicipal shared services agreements on behalf of the
County.
(4)
Report the program's efficacy to the County Legislature on an
annual basis.
(5)
The Commissioner of the Mental Health Department, in consultation
with the Legislature's committee assigned to oversee health matters,
is hereby authorized to develop procedures necessary to implement
this article.
B.
In furtherance of this article, School Districts should offer students
counseling, conflict mediation and resiliency building, alternatives
to violence and gangs, attendance monitoring, community referral and
liaison work, school dropout reduction, suicide prevention, crisis
intervention, child and family advocacy, peer mediation and intervention
programs, anti-bullying, and eating disorders awareness and prevention
programs.
C.
Schools may consult with the Ulster County Sheriff to safely provide
security, including the possibility of placement of School Resource
Officers, for those in educational settings.
