H.B. 882
GENERAL ASSEMBLY OF NORTH CAROLINA
May 4, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10415-MT-129
Short Title: Behavioral Health Services for Students. (Public)
Sponsors: Representative Hawkins.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PERMIT STUDENTS TO RECEIVE BEHAVIORAL HEALTH SERVICES IN
3 PUBLIC SCHOOL UNITS.
4 The General Assembly of North Carolina enacts:
5
6 PART I. STUDENTS MAY RECEIVE BEHAVIORAL HEALTH SERVICES IN PUBLIC
7 SCHOOL UNITS
8 SECTION 1.(a) Article 25A of Chapter 115C of the General Statutes is amended by
9 adding a new section to read:
10 "§ 115C-375.10. Behavioral health services for students.
11 (a) Definitions. – For purposes of this section, the following definitions shall apply:
12 (1) Behavioral health provider. – A health care provider who is authorized to
13 provide adaptive behavior treatment, as provided in G.S. 58-3-192, including
14 applied behavior analysis or research-based behavioral health treatment under
15 the North Carolina Medicaid State Plan. For purposes of this section, the term
16 "health care provider" shall also include the supervisees of the health care
17 provider. A health care provider shall meet all of the following criteria:
18 a. Act within the scope of his or her practice.
19 b. Not be an employee of a public school unit or the Department of Public
20 Instruction.
21 (2) Behavioral health services. – Any of the following services provided by a
22 behavioral health provider:
23 a. Adaptive behavior treatment, as defined in G.S. 58-3-192.
24 b. Research-based behavioral health treatment under the North Carolina
25 Medicaid State Plan.
26 (3) Behavioral health treatment plan. – A plan developed by a behavioral health
27 provider to provide behavioral health services to a student on school property
28 during the instructional day. A behavioral health treatment plan shall have no
29 bearing on whether a student is considered a child with a disability under
30 G.S. 115C-106.3(1). At a minimum, the behavioral health treatment plan shall
31 include the following information:
32 a. The functional skills deficits, behaviors, and other conditions of the
33 student to be addressed by the behavioral health provider.
34 b. Goals for the student to do any of the following, to the maximum
35 extent practicable:
36 1. Decrease maladaptive behaviors.
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1 2. Increase adaptive behaviors.
2 3. Develop, maintain, or restore the functioning of the student.
3 c. The estimated period of time needed to complete the requested
4 treatment.
5 d. The services to be provided for the student, including observation,
6 assessment, treatment planning, treatment modification, training, and
7 direct treatment of the student.
8 e. A process for coordinating services with the public school unit.
9 (b) Provision of Behavioral Health Services. – Public school units shall permit behavioral
10 health providers to provide behavioral health services to students on school property during the
11 instructional day, upon the request of the parent or guardian of the student, if the following
12 criteria are met:
13 (1) A behavioral health provider who provides services pursuant to this section
14 meets the following requirements:
15 a. Is covered by liability insurance in an amount not less than one million
16 dollars ($1,000,000) per occurrence and one million dollars
17 ($1,000,000) aggregate per occurrence and provides to the public
18 school unit a certificate of insurance naming the public school unit as
19 a certificate holder on the policy.
20 b. Supplies to the public school unit a criminal history check using the
21 process provided in G.S. 115C-332.
22 (2) A parent or guardian who requests behavioral health services for his or her
23 child provides the public school unit with a behavioral health treatment plan
24 indicating the behavioral health services to be provided.
25 (3) Behavioral health services shall be provided in a manner that does not prevent
26 classroom instruction.
27 (4) The public school unit is not responsible for any costs related to the provision
28 of behavioral health services to the student pursuant to this section. Nothing
29 in this section shall be construed to otherwise limit or expand a public school
30 unit's obligations to a student under State or federal law.
31 (5) While on school property, the behavioral health services provider shall
32 comply with any (i) Individualized Education Plan (IEP), (ii) plan adopted
33 under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 764), or (iii)
34 other medical or related services for the student. The behavioral health
35 services provided to the student pursuant to this section shall be incorporated
36 in any written treatment plan applicable to the student, but shall not supersede
37 the other components of such a plan. The public school unit shall make
38 reasonable accommodations as part of the other applicable treatment plans of
39 the student to provide the behavioral health services requested pursuant to this
40 section.
41 (6) The behavioral health services provider shall provide an annual update to the
42 public school unit on the student's behavioral health treatment plan, including
43 information on the student's progress in meeting the goals of the behavioral
44 health treatment plan. To the extent possible, the report shall be provided in
45 concert with any annual meeting of the student's IEP team.
46 (7) A public school unit may establish sanctions for a behavioral health services
47 provider that fails to comply with this section, including termination of the
48 authority of the behavioral health services provider to provide behavioral
49 health services on school property.
50 (c) Exclusive Contracts Prohibited. – A public school unit shall not enter into an
51 exclusive contract with a behavioral health provider for services under this section or otherwise
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1 prohibit a parent or guardian from choosing his or her preferred behavioral health provider for
2 the student."
3 SECTION 1.(b) G.S. 115C-47 is amended by adding a new subdivision to read:
4 "(65) Behavioral Health Services. – Local boards of education shall comply with
5 the requirements for behavioral health services provided in
6 G.S. 115C-375.10."
7 SECTION 1.(c) G.S. 115C-12 is amended by adding a new subdivision to read:
8 "(47) Behavioral Health Services. – The State Board of Education shall ensure that
9 each public school unit operated under the control of the State Board of
10 Education complies with the requirements for behavioral health services
11 provided in G.S. 115C-375.10."
12 SECTION 1.(d) G.S. 115C-218.75 is amended by adding a new subsection to read:
13 "(i) Behavioral Health Services. – Each charter school shall comply with the requirements
14 for behavioral health services provided in G.S. 115C-375.10."
15 SECTION 1.(e) G.S. 115C-238.66 is amended by adding a new subdivision to read:
16 "(17) Behavioral health services. – Each regional school shall comply with the
17 requirements for behavioral health services provided in G.S. 115C-375.10."
18 SECTION 1.(f) G.S. 116-239.8(b) is amended by adding a new subdivision to read:
19 "(19) A laboratory school shall comply with the requirements for behavioral health
20 services provided in G.S. 115C-375.10."
21 SECTION 1.(g) Section 6(d)(2) of S.L. 2018-32 is amended by adding a new
22 sub-subdivision to read:
23 "p. (65) [Behavioral Health Services]."
24 SECTION 1.(h) This section applies beginning with the 2021-2022 school year.
25
26 PART II. AUTISM COVERAGE AT SCHOOL
27 SECTION 2.(a) G.S. 58-3-192 reads as rewritten:
28 "§ 58-3-192. Coverage for autism spectrum disorder.
29 …
30 (d) Coverage under this section may not be denied on the basis that the treatments are
31 habilitative or educational in nature. Coverage under this section may not be denied on the basis
32 that the treatment is provided in a school or other educational setting.
33 …."
34 SECTION 2.(b) This section becomes effective October 1, 2021, and applies to
35 health benefit plan contracts issued, renewed, or amended on or after that date.
36
37 PART III. EFFECTIVE DATE
38 SECTION 3. Except as otherwise provided, this act is effective when it becomes
39 law.
DRH10415-MT-129 Page 3


Statutes affected:
Filed: 115C-47, 115C-12, 115C-218.75, 115C-238.66, 116-239.8
Edition 1: 115C-47, 115C-12, 115C-218.75, 115C-238.66, 116-239.8