H.B. 403 Student Mental Health Amendments
| Bill Sponsor:  Rep. Eliason, Steve | Floor Sponsor:  Sen. Millner, Ann |
- Drafting Attorney: Braden Hess
- Fiscal Analyst: Andrew Talleh
- Bill Tracking
- Bill Text
- Introduced
- Amended
- Enrolled (Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 14 Mar 2023, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 3 May 2023
- Session Law Chapter: 193
- Similar Bills
- Sections Affected
Enrolled
Printer FriendlyH.B. 403
1 STUDENT MENTAL HEALTH AMENDMENTS
22023 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Steve Eliason
5Senate 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 [Substance Abuse and Mental Health] Integrated
36 Healthcare.
37 (b) "Non-participating LEA" means an LEA that does not administer an approved
38 mental health screening program described in this section.
39 [(b)] (c) "Participating LEA" means an LEA that has an approved screening program
40 described in this section.
41 [(c)] (d) "Participating student" means a student in a participating LEA who
42 participates in a mental health screening program.
43 [(d)] (e) "Qualifying parent" means a parent:
44 (i) of a participating student who, based on the results of a screening program, would
45 benefit from resources that cannot be provided to the participating student in the school setting;
46 and
47 (ii) who qualifies for financial assistance to pay for the resources under rules made by
48 the state board.
49 [(e)] (f) "Screening program" means a student mental health screening program
50 selected by a participating LEA and approved by the state board in consultation with the
51 division.
52 [(2) A participating LEA may implement a mental health screening for participating
53students using an evidence-based screening program.]
54 (2) (a) On or before July 1, 2023, an LEA governing board shall determine whether the
55 LEA will be a participating LEA or a non-participating LEA for the 2023-24 school year.
56 (b) (i) During the 2023-24 school year, and each year after, a participating LEA may
57 change the LEA's participation status and become a non-participating LEA for the next school
58 year by reporting the status change to the state board by the end of the current school year.
59 (ii) An LEA that changed the LEA's status from participating to non-participating in
60 Subsection (2)(b)(i) is subject to the requirements of a non-participating LEA described in
61 Subsection (2)(c).
62 (c) (i) During the 2023-24 school year, and each year after, a non-participating LEA's
63 governing board shall submit a record of determination to the state board by the end of the
64 school year, which record shall state whether the non-participating LEA will:
65 (A) maintain the LEA's non-participating status; or
66 (B) change the LEA's status to be a participating LEA.
67 (ii) If the non-participating LEA determines the LEA will change participation status
68 and become a participating LEA, the LEA's status of participation will change at the end of the
69 current school year.
70 (3) The state board shall:
71 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
72 Rulemaking Act, to [establish]:
73 (i) establish a process for a participating LEA to submit a selected screening program
74 to the state board for approval;
75 (ii) in accordance with Title 53E, Chapter 9, Student Privacy and Data Protection, and
76 the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, establish who may access
77 and use a participating student's screening data; [and]
78 (iii) establish a requirement and a process for appropriate LEA or school personnel to
79 attend annual training related to administering the screening program;
80 (iv) determine whether a parent is eligible to receive the financial support described in
81 Subsection (5)(a) as a qualifying parent; and
82 (v) apply for and distribute the financial support described in Subsection (5)(a);
83 (b) in consultation with the division, approve an evidence-based student mental health
84 screening program selected by a participating LEA that:
85 (i) is age appropriate for each grade in which the screening program is administered;
86 (ii) screens for the mental health conditions determined by the state board and division;
87 and
88 (iii) is an effective tool for identifying whether a student has a mental health condition
89 that requires intervention; and
90 (c) on or before November 30 of each year, submit a report on the screening programs
91 to[:]
92 [(i)] the State Suicide Prevention Coalition created under Subsection
93 62A-15-1101(2)[;] and
94 [(ii)] the Education Interim Committee in accordance with Section 53E-1-201[.] that
95 contains the following:
96 (i) the approximate number of participating students that were screened in each
97 participating LEA the previous school year;
98 (ii) the names and number of:
99 (A) participating LEAs; and
100 (B) non-participating LEAs;
101 (iii) an overview of how participating LEAs utilized distributed funds; and
102 (iv) whether the amount of distributed funds to each participating LEA was sufficient
103 for the participating LEA's needs.
104 (4) A participating LEA shall:
105 (a) in accordance with rules made by the state board under Subsection (3)(a), submit a
106 selected evidence-based screening program to the state board for approval;
107 (b) implement and administer a state board-approved mental health screening program
108 to participating students in the participating LEA[;] by:
109 (i) annually notifying each parent with a student in the participating LEA that the
110 parent may have the student screened for mental 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
133Administrative Rulemaking Act, for:]
134 [(i) determining whether a parent is eligible to receive the financial support described
135in 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.
2
3
4
5
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 [
36 Healthcare.
37 (b) "Non-participating LEA" means an LEA that does not administer an approved
38 mental health screening program described in this section.
39 [
40 described in this section.
41 [
42 participates in a mental health screening program.
43 [
44 (i) of a participating student who, based on the results of a screening program, would
45 benefit from resources that cannot be provided to the participating student in the school setting;
46 and
47 (ii) who qualifies for financial assistance to pay for the resources under rules made by
48 the state board.
49 [
50 selected by a participating LEA and approved by the state board in consultation with the
51 division.
52 [
53
54 (2) (a) On or before July 1, 2023, an LEA governing board shall determine whether the
55 LEA will be a participating LEA or a non-participating LEA for the 2023-24 school year.
56 (b) (i) During the 2023-24 school year, and each year after, a participating LEA may
57 change the LEA's participation status and become a non-participating LEA for the next school
58 year by reporting the status change to the state board by the end of the current school year.
59 (ii) An LEA that changed the LEA's status from participating to non-participating in
60 Subsection (2)(b)(i) is subject to the requirements of a non-participating LEA described in
61 Subsection (2)(c).
62 (c) (i) During the 2023-24 school year, and each year after, a non-participating LEA's
63 governing board shall submit a record of determination to the state board by the end of the
64 school year, which record shall state whether the non-participating LEA will:
65 (A) maintain the LEA's non-participating status; or
66 (B) change the LEA's status to be a participating LEA.
67 (ii) If the non-participating LEA determines the LEA will change participation status
68 and become a participating LEA, the LEA's status of participation will change at the end of the
69 current school year.
70 (3) The state board shall:
71 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
72 Rulemaking Act, to [
73 (i) establish a process for a participating LEA to submit a selected screening program
74 to the state board for approval;
75 (ii) in accordance with Title 53E, Chapter 9, Student Privacy and Data Protection, and
76 the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, establish who may access
77 and use a participating student's screening data; [
78 (iii) establish a requirement and a process for appropriate LEA or school personnel to
79 attend annual training related to administering the screening program;
80 (iv) determine whether a parent is eligible to receive the financial support described in
81 Subsection (5)(a) as a qualifying parent; and
82 (v) apply for and distribute the financial support described in Subsection (5)(a);
83 (b) in consultation with the division, approve an evidence-based student mental health
84 screening program selected by a participating LEA that:
85 (i) is age appropriate for each grade in which the screening program is administered;
86 (ii) screens for the mental health conditions determined by the state board and division;
87 and
88 (iii) is an effective tool for identifying whether a student has a mental health condition
89 that requires intervention; and
90 (c) on or before November 30 of each year, submit a report on the screening programs
91 to[
92 [
93 62A-15-1101(2)[
94 [
95 contains the following:
96 (i) the approximate number of participating students that were screened in each
97 participating LEA the previous school year;
98 (ii) the names and number of:
99 (A) participating LEAs; and
100 (B) non-participating LEAs;
101 (iii) an overview of how participating LEAs utilized distributed funds; and
102 (iv) whether the amount of distributed funds to each participating LEA was sufficient
103 for the participating LEA's needs.
104 (4) A participating LEA shall:
105 (a) in accordance with rules made by the state board under Subsection (3)(a), submit a
106 selected evidence-based screening program to the state board for approval;
107 (b) implement and administer a state board-approved mental health screening program
108 to participating students in the participating LEA[
109 (i) annually notifying each parent with a student in the participating LEA that the
110 parent may have the student screened for mental health conditions;
111 [
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 [
114 participating student; [
115 (iii) screening the student for mental health conditions; and
116 [
117 health condition, [
118 [
119 [
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 [
130 (4)(b)(iv)(B) that cannot be provided by a school mental health professional in the school
131 setting.
132 [
133
134 [
135
136 [
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.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 2/6/2023 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 2/6/2023 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 2/6/2023 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
| 2/7/2023 | House/ received bill from Legislative Research | Clerk of the House | |
| 2/7/2023 | House/ 1st reading (Introduced) | House Rules Committee | |
| 2/9/2023 | LFA/ fiscal note sent to sponsor | House Rules Committee | |
| 2/9/2023 | LFA/ fiscal note publicly available | House Rules Committee | |
| 2/9/2023 | House/ received fiscal note from Fiscal Analyst | House Rules Committee | |
| 2/13/2023 | House/ to standing committee | House Education Committee | |
| 2/16/2023 | House Comm - Favorable Recommendation | House Education Committee | 9 0 7 |
| 2/16/2023 (4:13:14 PM) | House/ committee report favorable | House Education Committee | |
| 2/16/2023 (4:13:15 PM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
| 2/17/2023 (3:28:22 PM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
| 2/17/2023 (3:29:19 PM) | House/ floor amendment # 1 | House 3rd Reading Calendar for House bills | Voice vote |
| 2/17/2023 (3:35:36 PM) | House/ passed 3rd reading | Senate Secretary | 67 0 8 |
| 2/17/2023 (3:35:38 PM) | House/ to Senate | Senate Secretary | |
| 2/21/2023 | Senate/ received from House | Waiting for Introduction in the Senate | |
| 2/21/2023 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 2/21/2023 | Senate/ to standing committee | Senate Education Committee | |
| 2/24/2023 | Senate Comm - Amendment Recommendation # 2 | Senate Education Committee | 4 0 5 |
| 2/24/2023 | Senate Comm - Favorable Recommendation | Senate Education Committee | 4 0 5 |
| 2/24/2023 (11:44:32 AM) | Senate/ comm rpt/ amended | Senate Education Committee | |
| 2/24/2023 (11:44:33 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 2/28/2023 | Senate/ 2nd Reading Calendar to Rules | Senate Rules Committee | |
| 3/3/2023 | Senate/ Rules to 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 3/3/2023 (12:18:35 PM) | Senate/ 2nd & 3rd readings/ suspension | Senate 2nd Reading Calendar | |
| 3/3/2023 (12:18:51 PM) | Senate/ circled | Senate 2nd Reading Calendar | Voice vote |
| 3/3/2023 (3:47:29 PM) | Senate/ uncircled | Senate 2nd Reading Calendar | Voice vote |
| 3/3/2023 (3:49:42 PM) | Senate/ passed 2nd & 3rd readings/ suspension | Clerk of the House | 25 0 4 |
| 3/3/2023 (3:49:43 PM) | Senate/ to House with amendments | Clerk of the House | |
| 3/3/2023 (4:23:33 PM) | House/ received from Senate | Clerk of the House | |
| 3/3/2023 (4:23:34 PM) | House/ placed on Concurrence Calendar | House Concurrence Calendar | |
| 3/3/2023 (4:40:28 PM) | House/ concurs with Senate amendment | Senate President | 69 0 6 |
| 3/3/2023 (4:40:29 PM) | House/ to Senate | Senate President | |
| 3/3/2023 | Senate/ received from House | Senate President | |
| 3/3/2023 | Senate/ signed by President/ returned to House | House Speaker | |
| 3/3/2023 | Senate/ to House | House Speaker | |
| 3/3/2023 | House/ received from Senate | House Speaker | |
| 3/3/2023 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/6/2023 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/6/2023 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
| 3/10/2023 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
| 3/10/2023 | House/ enrolled bill to Printing | Clerk of the House | |
| 3/13/2023 | House/ received enrolled bill from Printing | Clerk of the House | |
| 3/13/2023 | House/ to Governor | Executive Branch - Governor | |
| 3/14/2023 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- House Floor Audio, Day 32 (2/17/2023) [HB403 Student Mental Health Amendments, Eliason]
- Senate Floor Audio, Day 45 (3/3/2023) [HB403 Student Mental Health Amendments, Millner]
- Senate Floor Audio, Day 45 (3/3/2023) [HB403 Student Mental Health Amendments, Millner]
- House Floor Audio, Day 45 (3/3/2023) [HB403 Student Mental Health Amendments, Eliason]