This document includes House Floor Amendments incorporated into the bill on Fri, Feb 17, 2023 at 4:06 PM by pflowers.
This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 24, 2023 at 11:01 AM by lpoole.
1     
STUDENT MENTAL HEALTH AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of public education student mental health screening.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines "non-participating LEA" (non-participating local education agency);
13          ▸     requires an LEA to determine whether the LEA will be a participating or
14     non-participating LEA;
15          ▸     requires a non-participating LEA to report each year whether the LEA will change
16     or maintain the LEA's participation status;
17          ▸     amends participating LEA mental health screening and parental notification
18     requirements;
19          ▸     amends the annual mental health screening report requirements for the State Board
20     of Education; and
21          ▸     amends the uses for which an LEA may use State Board of Education funds and
22     when the board may distribute those funds.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          53F-2-522, as enacted by Laws of Utah 2020, Chapter 202
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 53F-2-522 is amended to read:
33          53F-2-522. Public education mental health screening.
34          (1) As used in this section:
35          (a) "Division" means the Division of Ŝ→ [Substance Abuse and Mental Health] Integrated
35a     Healthcare ←Ŝ .
36          (b) "Non-participating LEA" means an LEA that does not administer an approved
37     mental health screening program described in this section.
38          [(b)] (c) "Participating LEA" means an LEA that has an approved screening program
39     described in this section.
40          [(c)] (d) "Participating student" means a student in a participating LEA who
41     participates in a mental health screening program.
42          [(d)] (e) "Qualifying parent" means a parent:
43          (i) of a participating student who, based on the results of a screening program, would
44     benefit from resources that cannot be provided to the participating student in the school setting;
45     and
46          (ii) who qualifies for financial assistance to pay for the resources under rules made by
47     the state board.
48          [(e)] (f) "Screening program" means a student mental health screening program
49     selected by a participating LEA and approved by the state board in consultation with the
50     division.
51          [(2) A participating LEA may implement a mental health screening for participating
52     students using an evidence-based screening program.]
53          (2) (a) On or before July 1, 2023, an LEA governing board shall determine whether the
54     LEA will be a participating LEA or a non-participating LEA for the 2023-24 school year.
55          (b) (i) During the 2023-24 school year, and each year after, a participating LEA may
56     change the LEA's participation status and become a non-participating LEA for the next school
57     year by reporting the status change to the state board by the end of the current school year.
58          (ii) An LEA that changed the LEA's status from participating to non-participating in
59     Subsection (2)(b)(i) is subject to the requirements of a non-participating LEA described in
60     Subsection (2)(c).
61          (c) (i) During the 2023-24 school year, and each year after, a non-participating LEA's
62     governing board shall submit a record of determination to the state board by the end of the
63     school year, which record shall state whether the non-participating LEA will:
64          (A) maintain the LEA's non-participating status; or
65          (B) change the LEA's status to be a participating LEA.
66          (ii) If the non-participating LEA determines the LEA will change participation status
67     and become a participating LEA, the LEA's status of participation will change at the end of the
68     current school year.
69          (3) The state board shall:
70          (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
71     Rulemaking Act, to [establish]:
72          (i) establish a process for a participating LEA to submit a selected screening program
73     to the state board for approval;
74          (ii) in accordance with Title 53E, Chapter 9, Student Privacy and Data Protection, and
75     the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, establish who may access
76     and use a participating student's screening data; [and]
77          (iii) establish a requirement and a process for appropriate LEA or school personnel to
78     attend annual training related to administering the screening program;
79          (iv) determine whether a parent is eligible to receive the financial support described in
80     Subsection (5)(a) as a qualifying parent; and
81          (v) apply for and distribute the financial support described in Subsection (5)(a);
82          (b) in consultation with the division, approve an evidence-based student mental health
83     screening program selected by a participating LEA that:
84          (i) is age appropriate for each grade in which the screening program is administered;
85          (ii) screens for the mental health conditions determined by the state board and division;
86     and
87          (iii) is an effective tool for identifying whether a student has a mental health condition
88     that requires intervention; and
89          (c) on or before November 30 of each year, submit a report on the screening programs
90     to[:]
91          [(i)] the State Suicide Prevention Coalition created under Subsection
92     62A-15-1101(2)[;] and
93          [(ii)] the Education Interim Committee in accordance with Section 53E-1-201[.] that
94     contains the following:
95          (i) the approximate number of participating students that were screened in each
96     participating LEA the previous school year;
97          (ii) the names and number of:
98          (A) participating LEAs; and
99          (B) non-participating LEAs;
100          (iii) an overview of how participating LEAs utilized distributed funds; and
101          (iv) whether the amount of distributed funds to each participating LEA was sufficient
102     for the participating LEA's needs.
103          (4) A participating LEA shall:
104          (a) in accordance with rules made by the state board under Subsection (3)(a), submit a
105     selected evidence-based screening program to the state board for approval;
106          (b) implement and administer a state board-approved mental health screening program
107     to participating students in the participating LEA[;] by:
108          (i) annually notifying each parent with a student in the participating LEA Ĥ→ [by mail, and
109     at the school's student registration,] ←Ĥ that the parent may have the student screened for mental
110     health conditions;
111          [(c)] (ii) [obtain] obtaining prior written consent from a student's parent, that complies
112     with Section 53E-9-203, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec.
113     1232g, before the participating LEA [administers the screening program to] screens a
114     participating student; [and]
115          (iii) screening the student for mental health conditions; and
116          [(d)] (iv) if results of a participating student's screening indicate a potential mental
117     health condition, [notify] notifying the parent of the participating student of:
118          [(i)] (A) the participating student's results; and
119          [(ii)] (B) resources available to the participating student, including any services that
120     can be provided by the school mental health provider or by a partnering entity[.];
121          (c) use state board-distributed funds for the purposes described in Subsection (5)(a);
122     and
123          (d) provide the state board with necessary information and data for the state board to
124     complete the report described in Subsection (3)(c).
125          (5) (a) Within appropriations made by the Legislature for this purpose, the state board
126     may distribute funds to a participating LEA to use to:
127          (i) implement and administer a mental health screening for participating students as
128     described in Subsection (4)(b); and
129          (ii) assist a qualifying parent to pay for resources described in Subsection [(4)(d)(ii)]
130     (4)(b)(iv)(B) that cannot be provided by a school mental health professional in the school
131     setting.
132          [(b) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah
133     Administrative Rulemaking Act, for:]
134          [(i) determining whether a parent is eligible to receive the financial support described
135     in Subsection (5)(a); and]
136          [(ii) applying for and distributing the financial support described in Subsection (5)(a).]
137          (b) The state board may not distribute funds described in Subsection (5)(a) to a
138     non-participating LEA.
139          (6) A school employee trained in accordance with rules made by the state board under
140     Subsection (3)(a)(iii), who administers an approved mental health screening in accordance with
141     this section in good faith, is not liable in a civil action for an act taken or not taken under this
142     section.