You are URGED to contact the Executive Councilors and urge them to vote AGAINST #52–funding for MTSS-B.
Cinde.Warmington@nh.gov, Ted.Gatsas@nh.gov, David.K.Wheeler@nh.gov, Janet.L.Stevens@nh.gov, Joseph.D.Kenney@nh.gov
#52 Authorize to enter into a Memorandum of Understanding with the New Hampshire Department of Education, Concord, NH, in the amount of $562,000, to support New Hampshire school districts with exploring the feasibility of, or expanding a previously implemented Multi-Tiered System of Supports for Behavioral Health and Wellness and/or Pyramid Model Framework. Effective July 1, 2024, upon G&C approval through June 30, 2026, with the option to renew for up to four additional years. 100% Other Funds (Governor’s Commission) Download
Dear Executive Counselors:
I am writing to you regarding #52 and the request to enter into a Memorandum of Understanding with the New Hampshire Department of Education to support New Hampshire school districts in exploring the feasibility of or expanding a previously implemented Multi-Tiered System of Support for Behavioral Health and Wellness and/or Pyramid Model Framework.
I urge you to REJECT this request for funding based on several reasons I will explain below.
The MTSS-B funding requires reporting to the federal government by various contractors. These contractors have been Plymouth State, Antioch University, and now Keene State BHII. The reports prepared are supposed to show how well the MTSS-B framework is working in our public schools. This report looks more like a marketing brochure than any in-depth independent study that’s been peer-reviewed. In addition, I’ve found numerous problems that have erupted since this framework has been implemented in schools across New Hampshire.
1) Lack of Ethical Practices
If you click on this link to Keene State BHII, you will see that under “school mental health,” it says, “Install and evaluate a Multi-Tiered System of Supports for Behavioral Health & Wellness.” MTSS-B crosses over to mental health assessments and services that are now provided in our public schools. There is a lack of ethical guidelines in place, which I believe has led some schools to ignore consent laws that are in place.
School Counselors do have a Code of Ethics that they must follow. However, school counselors have reported that they were required to share private and sensitive mental health data with Keene State BHII. This was done without the knowledge or consent by parents or students in some of our New Hampshire Schools. (Please see attached School Counselors Code of Ethics under Confidentiality)
2) Violations of Constitutional Right to Privacy
Not only is this unethical, violates the School Counselor’s Code of Ethics, but this action violates a student’s Constitutional Right to Privacy. [Art.] 2-b. [Right of Privacy.] An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.
December 5, 2018
3) Violation of Federal Law Every Student Succeeds Act
MTSS-B includes a 3 tiered system of support. The first level involves Social and Emotional Learning (SEL). SEL programs and assessments are now used in the classroom by teachers who are not qualified to assess or administer mental health services to students. School Counselors and Social Workers are also participating in this treatment in the schools but lack the necessary qualifications and education.
I have filed numerous complaints with the New Hampshire Department of Education when schools have administered these assessments and treatments in the schools without parental consent.
ESSA Section 4002 General Protections requires consent by parents or guardians when administering mental health assessments or services in school.
One of New Hampshire’s physicians wrote about how schools are now preparing psychological profiles on students through the SEL assessments here. This is done without informed consent by parents.
4) More evidence Social Workers are violating Federal Law
Superintendents are not mental health professionals, so they do not always understand or know what laws or ethical codes that need to be followed. We’ve turned our public schools into mental health clinics run by education professionals instead of utilizing these resources in an actual mental health clinic where laws are respected, and ethical treatment for children is held in the highest regard.
Executive Director Lynn Stanley, from the New Hampshire Chapter National Association of Social Workers, testified before a Senate Judiciary Committee on SB 573. SB573, as introduced, would have required parental consent for any medical or mental health care. This would have essentially required what ESSA already requires when it comes to consent for mental health services in our schools.
During Ms. Stanley’s testimony she indicated that if this consent law were to pass, it would have a “chilling effect” on school social workers. You can listen to her testimony at the 9:02:00 mark here. I found this testimony to be extremely disturbing since school social workers should be abiding by the federal consent provision in ESSA. This indicated to me that this national organization is either unfamiliar with federal law, or they are freely violating federal consent laws in our public schools.
5) Manipulation of Parental Consent Forms by School Counselors in New Hampshire Schools
I urge you to watch this 20-minute video from a Zoom meeting where Data Analysts from Keene State BHII were present, along with an employee from the New Hampshire Department of Education and several LEAs in our local public schools. You can see at the 20 minute mark, Heather Garcia from Hillsboro-Deering School district, admitted that they changed the consent form so that it does not reflect mental health treatment. This lack of respect for parental rights, and ethical treatment of our children, should cause us all to put a stop to this program in our public schools.
6) SEL programs shift focus to Political Agendas
Transformative SEL moves SEL programs to a political focus.
The Trouble with Social and Emotional Learning
Second Step SEL program used in some NH schools : Anti-Racism Anti-Bias Resources
Equity Based Social and Emotional Learning
Now that you know that the administrators of this program in our public schools are violating their students’ rights to privacy, and laws that were put in place to protect them, it is critical that any funding for MTSS-B be rejected. The Senate Health and Human Services Committee rejected additional funding for MTSS-B based on the problems that have been exposed.
Until there is substantial evidence that the people working in our schools, or servicing these federal grants are abiding by ethical guidelines and federal laws, this program needs to be stopped immediately. No funding should be granted without a serious overhaul of the MTSS-B program in our schools. Parents need to know that their child’s mental health information is confidential, will not be shared with anyone, and that they will be fully informed and consent to these practices in our schools.
I urge you to oppose approval of #52 at the June 26th Executive Council meeting.
