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The Baker Act: Educational Policies, Procedures & Initiatives

The Baker Act: Educational Policies, Procedures & Initiatives. David Wheeler, Ph.D. State School Psychology Consultant Florida Department of Education Student Support Services Project, USF. Student Mental Health in Educational Context.

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The Baker Act: Educational Policies, Procedures & Initiatives

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  1. The Baker Act: Educational Policies, Procedures & Initiatives David Wheeler, Ph.D. State School Psychology Consultant Florida Department of Education Student Support Services Project, USF

  2. Student Mental Health in Educational Context • Priority mission of public education: increase the proficiency of all students within one seamless, efficient system that engages and prepares all students to be globally competitive for college and careers. • School-based mental services and supports address barriers to learning that impact student engagement and achievement. • Florida addresses student academic, social, emotional, and behavioral needs through a multi-tiered system of supports (MTSS) http://florida-rti.org/index.htm. • Within a tiered system, the primary focus is on prevention and early intervention.

  3. Multi-tiered System of School-Based Mental Health Support Few Some All

  4. Student Mental Health and Baker Act: What does the data tell us? • There are over 2.8 million students in Florida public schools. • National prevalence data – 20% of school-age children have a diagnosable mental health disorder (Merikangas et al., 2010). • On the 2015 Florida Youth Risk Behavior Survey, 8% of the high school students sampled reported having attempted suicide (extrapolates to ~ 67,000 students). • School-initiated Baker Acts account for only 22% percent of involuntary examinations for minors (2015-16 Baker Act Data Report). • 98% of Baker Acts are initiated by law enforcement or mental health professionals.

  5. Mental Health & Schools: Legislation and Policy • Every Student Succeeds Act (ESSA) – Federal Legislation • Multi-tiered supports • Mental health • School-based mental health services providers • Individuals with Disabilities Education Act (IDEA) • Student personnel services, 1012.01(2)(b), F.S., • Youth Suicide Awareness and Prevention Training – s. 1012.583, F.S. http://sss.usf.edu/resources/topic/suicide/index.html • Bullying prevention policies & procedures (s. 1006.147, F.S.) • Early Warning System s. 1001.42(18)(b), F.S. • Full-service schools s. 402.3026, F.S.

  6. FDOE Support for Mental Health • Bureau of Exceptional Student Education and Student Services http://www.fldoe.org/academics/exceptional-student-edu • Student Support Services Project http://sss.usf.edu • Florida Positive Behavior Support Project http://flpbs.fmhi.usf.edu • SEDNET http://www.sednetfl.info/Index.aspx • Office of Safe Schools http://www.fldoe.org/schools/safe-healthy-schools/safe-schools/ • Student Services Professionals (2016-17 ratios) • School Psychologists (1:2032) • School Social Workers (1:2469) • School Counselors (1:488)

  7. Florida AWARE (Advancing Wellness & Resiliency in Education • Goal 1: Increase youth access to mental health services and supports within multi-tired framework. • Goal 2: Increase implementation of evidence-based, culturally responsive mental health practices. • Goal 3: Increase awareness of mental health issues within our youth, families, schools and communities. http://sss.usf.edu/resources/floridaaware/index.html

  8. Other Promising Prevention & Awareness Initiatives • Youth Mental Health First Aid training http://sss.usf.edu/resources/floridaaware/resources/2017-03%20Florida%20AWARE%20YMHFA.pdf • Schoolwide positive behavior supports http://www.pbis.org • School climate and student engagement initiatives • Social-emotional learning initiatives http://www.casel.org • Trauma-informed care schools https://traumaawareschools.org/traumaInSchools • Restorative disciplinary practices and policies http://schottfoundation.org/restorative-practices

  9. Baker Act & Schools: Legislation and Policy • Parent notification requirement in s. 1002.20(3)(l) and 1002.33(9)(q), F.S. – requires school boards to develop policies and procedures for providing immediate parental notice when a Baker Act is initiated. • Policy decisions are made at the local level unless the FDOE has been given statutory authority to develop statewide policy (s. 1001.33, F.S.). • Baker Act Policies & Procedures are addressed locally in the District Bylaws and Policies document and in suicide prevention protocols & procedures.

  10. Suicide Prevention/Baker Act Procedures • Student safety is primary consideration!! • Suicide concern reported to administrator & student services personnel. • Qualified school personnel conduct risk assessment (certified or licensed mental health services provider). • Take action corresponding to the level of risk. • For moderate or high risk, only release student to parent or law enforcement. • Contact parent and involve in monitoring and follow-up. • Involve law enforcement to initiate Baker Act when needed. • Follow-up with student & family. • Postvention procedures for completed suicides.

  11. Role of School Personnel in Baker Act • Districts involve school-based mental health services providers (school counselors, school psychologists, school social workers) provide crisis intervention and conduct suicide risk assessments. • Student Services personnel collaborate with administrator & law enforcement (SRO) to determine if Baker Act is necessary. • Law enforcement initiates Baker Act and transports student to a receiving facility. • School-based mental services providers provide follow-up services and support when students return to school and ongoing communication and support to the family.

  12. Crisis Intervention Trainings • Youth Mental Health First Aid • PREPaRE • Nova Crisis Response Training • Suicide Prevention Gatekeeper Training • Suicide Risk Assessment Training • Threat Assessment Training • American Red Cross Psychological First Aid Training • Critical Incident Stress Management Training • Professional Crisis Management (PCM) • Crisis Prevention Institute (CPI)

  13. Challenges • Prevalence of mental health issues combined with difficulty of accessing mental health services in schools & community. • Impact of mental health awareness training on referrals. • Limited options for students in mental health crisis or who are imminent risk to harm self or others. • Risk of being wrong – a false positive (decision not to Baker Act a minor who subsequently attempts suicide). • No standard for what constitutes an “appropriate” Baker Act. • Communication from receiving facility and parents so that school can provide follow-up support after an attempt.

  14. Recommendations • Emphasize prevention and early intervention – focus on improving supports and reducing completed suicides. • Implement systematic mental health screening to identify students who need mental health services & supports. • Increase access to & funding for mental health services within schools and communities. • Adopt a standard risk assessment protocol • SAMHSA’s Suicide Assessment Five-Step Evaluation and Triage (SAFE-T) http://www.shiacmh.org/docs/safe-t.pdf. • Provide crisis intervention training for school- and community-based mental health providers. • Foster collaboration and coordination between school and community mental health resources.

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