Representative Steve Eliason proposes the following substitute bill:




Chief Sponsor: Steve Eliason

Senate Sponsor: Ann Millner


8     General Description:
9          This bill addresses provisions relating to school-based mental health support.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     prohibits mental health screening without parental consent;
14          ▸     provides that data collected from a mental health screening may not be included in a
15     student's Student Achievement Backpack;
16          ▸     sets standards for participating local education agencies (LEAs) to implement
17     approved mental health screening programs for participating students;
18          ▸     requires the State Board of Education (state board) to:
19               •     in consultation with the Division of Substance Abuse and Mental Health,
20     approve an evidence-based mental health screening program to be administered
21     annually to students in a participating LEA; and
22               •     annually report on the screening programs to the State Suicide Prevention
23     Coalition and the Education Interim Committee;
24          ▸     permits an LEA to use Teacher and Student Support Program money to match
25     money distributed to an LEA for school-based student support;

26          ▸     removes the fund matching requirement for an LEA that has a school-based student
27     support plan that is approved by the state board after a certain date; and
28          ▸     permits the state board to use funds appropriated for school-based student support to
29     pay an employee to administer the program and oversee mental health personnel in
30     LEAs.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          None
35     Utah Code Sections Affected:
36     AMENDS:
37          53E-9-203, as last amended by Laws of Utah 2019, Chapter 186
38          53F-2-415, as enacted by Laws of Utah 2019, Chapter 446
39     ENACTS:
40          53F-2-522, Utah Code Annotated 1953

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 53E-9-203 is amended to read:
44          53E-9-203. Activities prohibited without prior written consent -- Validity of
45     consent -- Qualifications -- Training on implementation.
46          (1) Except as provided in Subsection (7), Section 53G-9-604, and Section 53G-9-702,
47     policies adopted by a school district or charter school under Section 53E-9-202 shall include
48     prohibitions on the administration to a student of any psychological or psychiatric examination,
49     test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the
50     student's parent, in which the purpose or evident intended effect is to cause the student to
51     reveal information, whether the information is personally identifiable or not, concerning the
52     student's or any family member's:
53          (a) political affiliations or, except as provided under Section 53G-10-202 or rules of
54     the state board, political philosophies;
55          (b) mental or psychological problems;
56          (c) sexual behavior, orientation, or attitudes;

57          (d) illegal, anti-social, self-incriminating, or demeaning behavior;
58          (e) critical appraisals of individuals with whom the student or family member has close
59     family relationships;
60          (f) religious affiliations or beliefs;
61          (g) legally recognized privileged and analogous relationships, such as those with
62     lawyers, medical personnel, or ministers; and
63          (h) income, except as required by law.
64          (2) Prior written consent under Subsection (1) is required in all grades, kindergarten
65     through grade 12.     
66          (3) Except as provided in Subsection (7), Section 53G-9-604, and Section 53G-9-702,
67     the prohibitions under Subsection (1) shall also apply within the curriculum and other school
68     activities unless prior written consent of the student's parent has been obtained.
69          (4) (a) Written parental consent is valid only if a parent has been first given written
70     notice, including notice that a copy of the educational or student survey questions to be asked
71     of the student in obtaining the desired information is made available at the school, and a
72     reasonable opportunity to obtain written information concerning:
73          (i) records or information, including information about relationships, that may be
74     examined or requested;
75          (ii) the means by which the records or information shall be examined or reviewed;
76          (iii) the means by which the information is to be obtained;
77          (iv) the purposes for which the records or information are needed;
78          (v) the entities or persons, regardless of affiliation, who will have access to the
79     personally identifiable information; and
80          (vi) a method by which a parent of a student can grant permission to access or examine
81     the personally identifiable information.
82          (b) For a survey described in Subsection (1), written notice described in Subsection
83     (4)(a) shall include an Internet address where a parent can view the exact survey to be
84     administered to the parent's student.
85          (5) (a) Except in response to a situation which a school employee reasonably believes
86     to be an emergency, or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or
87     Neglect Reporting Requirements, or by order of a court, disclosure to a parent must be given at

88     least two weeks before information protected under this section is sought.
89          (b) Following disclosure, a parent may waive the two week minimum notification
90     period.
91          (c) Unless otherwise agreed to by a student's parent and the person requesting written
92     consent, the authorization is valid only for the activity for which it was granted.
93          (d) A written withdrawal of authorization submitted to the school principal by the
94     authorizing parent terminates the authorization.
95          (e) A general consent used to approve admission to school or involvement in special
96     education, remedial education, or a school activity does not constitute written consent under
97     this section.
98          (6) (a) This section does not limit the ability of a student under Section 53G-10-203 to
99     spontaneously express sentiments or opinions otherwise protected against disclosure under this
100     section.
101          (b) (i) If a school employee or agent believes that a situation exists which presents a
102     serious threat to the well-being of a student, that employee or agent shall notify the student's
103     parent without delay.
104          (ii) If, however, the matter has been reported to the Division of Child and Family
105     Services within the Department of Human Services, it is the responsibility of the division to
106     notify the student's parent of any possible investigation, prior to the student's return home from
107     school.
108          (iii) The division may be exempted from the notification requirements described in this
109     Subsection (6)(b)(ii) only if it determines that the student would be endangered by notification
110     of the student's parent, or if that notification is otherwise prohibited by state or federal law.
111          (7) (a) If a school employee, agent, or school resource officer believes a student is
112     at-risk of attempting suicide, physical self-harm, or harming others, the school employee,
113     agent, or school resource officer may intervene and ask a student questions regarding the
114     student's suicidal thoughts, physically self-harming behavior, or thoughts of harming others for
115     the purposes of:
116          (i) referring the student to appropriate prevention services; and
117          (ii) informing the student's parent.
118          (b) On or before September 1, 2014, a school district or charter school shall develop

119     and adopt a policy regarding intervention measures consistent with Subsection (7)(a) while
120     requiring the minimum degree of intervention to accomplish the goals of this section.
121          (8) Local school boards and charter school governing boards shall provide inservice for
122     teachers and administrators on the implementation of this section.
123          (9) The state board shall provide procedures for disciplinary action for violations of
124     this section.
125          (10) Data collected from a survey described in Subsection (1):
126          (a) is a private record as provided in Subsection 63G-2-302(6);
127          (b) may not be shared except in accordance with the Family Educational Rights and
128     Privacy Act, 20 U.S.C. Sec. 1232g; and
129          (c) may not be included in a student's Student Achievement Backpack, as that term is
130     defined in Section 53E-3-511.
131          Section 2. Section 53F-2-415 is amended to read:
132          53F-2-415. Student health and counseling support -- Qualifying personnel --
133     Distribution formula -- Rulemaking.
134          (1) As used in this section[, "qualifying]:
135          (a) "Qualifying personnel" means a school counselor or other counselor, school
136     psychologist or other psychologist, school social worker or other social worker, or school nurse
137     who:
138          [(a)] (i) is licensed; and
139          [(b)] (ii) collaborates with educators and a student's parent on:
140          [(i)] (A) early identification and intervention of the student's academic and mental
141     health needs; and
142          [(ii)] (B) removing barriers to learning and developing skills and behaviors critical for
143     the student's academic achievement.
144          (b) "Telehealth services" means the same as that term is defined in Section 26-60-102.
145          (2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
146     the state board shall distribute money appropriated under this section to LEAs to provide in a
147     school targeted school-based mental health support, including clinical services and
148     trauma-informed care, through:
149          (i) employing qualifying personnel; or

150          (ii) entering into contracts for services provided by qualifying personnel, including
151     telehealth services.
152          (b) (i) The state board shall, after consulting with LEA governing boards, develop a
153     formula to distribute money appropriated under this section to LEAs.
154          (ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
155     incentivizes an LEA to provide school-based mental health support in collaboration with the
156     local mental health authority of the county in which the LEA is located.
157          (3) To qualify for money under this section, an LEA shall submit to the state board a
158     plan that includes:
159          (a) measurable goals approved by the LEA governing board on improving student
160     safety, student engagement, school culture, or academic achievement;
161          (b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
162     use of the money;
163          (c) how the LEA is meeting the requirements related to parent education described in
164     Section 53G-9-703; and
165          (d) whether the LEA intends to provide school-based mental health support in
166     collaboration with the local mental health authority of the county in which the LEA is located.
167          (4) The state board shall distribute money appropriated under this section to an LEA
168     that qualifies under Subsection (3):
169          (a) based on the formula described in Subsection (2)(b); and
170          (b) if the state board approves the LEA's plan before April 1, 2020, in an amount of
171     money that the LEA equally matches using local [or] money, unrestricted state money, or
172     money distributed to the LEA under Section 53G-7-1303.
173          (5) An LEA may not use money distributed by the state board under this section to
174     supplant federal, state, or local money previously allocated to:
175          (a) employ qualifying personnel; or
176          (b) enter into contracts for services provided by qualified personnel, including
177     telehealth services.
178          (6) The state board shall make rules that establish:
179          (a) procedures for submitting a plan for and distributing money under this section;
180          (b) the formula the state board will use to distribute money to LEAs described in

181     Subsection (2)(b); and
182          (c) in accordance with Subsection (7), annual reporting requirements for an LEA that
183     receives money under this section.
184          (7) An LEA that receives money under this section shall submit an annual report to the
185     state board, including:
186          (a) progress toward achieving the goals submitted under Subsection (3)(a);
187          (b) if the LEA discontinues a qualifying personnel position, the LEA's reason for
188     discontinuing the position; and
189          (c) how the LEA, in providing school-based mental health support, complies with the
190     provisions of Section 53E-9-203.
191          (8) Beginning on or before July 1, 2019, the state board shall provide training that
192     instructs school personnel on the impact of childhood trauma on student learning, including
193     information advising educators against practicing medicine, giving a diagnosis, or providing
194     treatment.
195          (9) The state board may use up to 2% of an appropriation under this section for costs
196     related to the administration of the provisions of this section.
197          (10) Notwithstanding the provisions of this section, money appropriated under this
198     section may be used, as determined by the state board, for:
199          (a) the SafeUT Crisis Line described in Section 53B-17-1202; or
200          (b) youth suicide prevention programs described in Section 53G-9-702.
201          Section 3. Section 53F-2-522 is enacted to read:
202          53F-2-522. Public Education Mental Health Screening.
203          (1) As used in this section:
204          (a) "Division" means the Division of Substance Abuse and Mental Health.
205          (b) "Participating LEA" means an LEA that has an approved screening program
206     described in this section.
207          (c) "Participating student" means a student in a participating LEA who participates in a
208     mental health screening program.
209          (d) "Qualifying parent" means a parent:
210          (i) of a participating student who, based on the results of a screening program, would
211     benefit from resources that cannot be provided to the participating student in the school setting;

212     and
213          (ii) who qualifies for financial assistance to pay for the resources under rules made by
214     the state board.
215          (e) "Screening program" means a student mental health screening program selected by
216     a participating LEA and approved by the state board in consultation with the division.
217          (2) A participating LEA may implement a mental health screening for participating
218     students using an evidence-based screening program.
219          (3) The state board shall:
220          (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
221     Rulemaking Act, to establish:
222          (i) a process for a participating LEA to submit a selected screening program to the state
223     board for approval;
224          (ii) in accordance with Title 53E, Chapter 9, Student Privacy and Data Protection, and
225     the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, who may access and use a
226     participating student's screening data; and
227          (iii) a requirement and a process for appropriate LEA or school personnel to attend
228     annual training related to administering the screening program;
229          (b) in consultation with the division, approve an evidence-based student mental health
230     screening program selected by a participating LEA that:
231          (i) is age appropriate for each grade in which the screening program is administered;
232          (ii) screens for the mental health conditions determined by the state board and division;
233     and
234          (iii) is an effective tool for identifying whether a student has a mental health condition
235     that requires intervention; and
236          (c) on or before November 30 of each year, submit a report on the screening programs
237     to:
238          (i) the State Suicide Prevention Coalition created under Subsection 62A-15-1101(2);
239     and
240          (ii) the Education Interim Committee in accordance with Section 53E-1-201.
241          (4) A participating LEA shall:
242          (a) in accordance with rules made by the state board under Subsection (3)(a), submit a

243     selected screening program to the state board for approval;
244          (b) administer a screening program to participating students in the participating LEA;
245          (c) obtain prior written consent from a student's parent, that complies with Section
246     53E-9-203, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g, before
247     the participating LEA administers the screening program to a participating student; and
248          (d) if results of a participating student's screening indicate a potential mental health
249     condition, notify the parent of the participating student of:
250          (i) the participating student's results; and
251          (ii) resources available to the participating student, including any services that can be
252     provided by the school mental health provider or by a partnering entity.
253          (5) (a) Within appropriations made by the Legislature for this purpose, the state board
254     may distribute funds to a participating LEA to use to assist a qualifying parent to pay for
255     resources described in Subsection (4)(d)(ii) that cannot be provided by a school mental health
256     professional in the school setting.
257          (b) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah
258     Administrative Rulemaking Act, for:
259          (i) determining whether a parent is eligible to receive the financial support described in
260     Subsection (5)(a); and
261          (ii) applying for and distributing the financial support described in Subsection (5)(a).
262          (6) A school employee trained in accordance with rules made by the state board under
263     Subsection (3)(a)(iii), who administers an approved mental health screening in accordance with
264     this section in good faith, is not liable in a civil action for an act taken or not taken under this
265     section.