Heated hearing on repeal of statewide MTSS‑B exposes deep divisions over school mental‑health framework

Education Policy Administration Committee · February 11, 2026

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Summary

Representative John Sellers asked the committee to repeal the statewide MTSS‑B framework, calling it unfunded, ineffective and intrusive; dozens of district leaders, school psychologists, mental‑health providers, the Department of Health and Human Services and Department of Education defended MTSS‑B as a prevention-focused framework that improves instructional time, coordination and safety.

Representative John Sellers opened testimony on House Bill 17-54, a three-line repeal of the statewide mandate for Multi‑Tiered System of Supports for Behavioral Health and Wellness (MTSS‑B). Sellers argued MTSS‑B is an unfunded mandate that diverts instructional time, misdirects teachers into clinical roles, costs districts and collects student behavioral data that could be used by vendors without sufficient privacy safeguards.

A long series of witnesses followed under a two-minute limit. Opposition testimony came from school psychologists, principals and community mental-health providers who described MTSS‑B as a framework (not a program) that helps schools screen all students, identify skill deficits and track whether interventions work. School psychologists and district coordinators described local implementations that they said reduced office-discipline referrals, increased instructional time and improved coordination with community mental-health partners.

Mental‑health providers (Riverbend, Greater Nashua Mental Health, NAMI) and DHHS officials told the committee MTSS‑B is a key component of the state’s children's system of care and a practical tool for reducing emergency-department boarding and unnecessary inpatient care. DHHS provided data showing large reductions in children boarding in emergency departments compared with earlier years and said the system-of-care advisory committee has worked since 2016 to align statewide supports.

Critics at the hearing reiterated concerns about insufficient funding, unclear parental-consent practices and the potential for private vendor data collection embedded in some SEL curricula. Several district administrators said MTSS‑B helped them secure federal grants and technical assistance. DOE officials described training and a statewide toolkit with thousands of users; they said about 70% of schools self-report using components of MTSS‑B.

Committee members asked for empirical evidence and trend data; DOE and DHHS witnesses agreed to provide evaluations, implementation data and trend statistics to the committee. No vote was taken at the hearing; the committee suspended further action to review materials and the written record.