Bill Summary – FastDemocracy

Enrolled Copy                                                                       H.B. 403
                      STUDENT MENTAL HEALTH AMENDMENTS
                                      2023 GENERAL SESSION
                                          STATE OF UTAH
                                 Chief Sponsor: Steve Eliason
                                  Senate Sponsor: Ann Millner
 6
 LONG TITLE
 General Description:
        This bill amends provisions of public education student mental health screening.
 Highlighted Provisions:
        This bill:
        < defines "non-participating LEA" (non-participating local education agency);
        < requires an LEA to determine whether the LEA will be a participating or
 non-participating LEA;
        < requires a non-participating LEA to report each year whether the LEA will change
 or maintain the LEA's participation status;
        < amends participating LEA mental health screening and parental notification
 requirements;
        < amends the annual mental health screening report requirements for the State Board
 of Education; and
        < amends the uses for which an LEA may use State Board of Education funds and
 when the board may distribute those funds.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        53F-2-522, as enacted by Laws of Utah 2020, Chapter 202
       H.B. 403                                                                       Enrolled Copy
30
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53F-2-522 is amended to read:
        53F-2-522. Public education mental health screening.
        (1) As used in this section:
        (a) "Division" means the Division of [Substance Abuse and Mental Health] Integrated
 Healthcare.
        (b) "Non-participating LEA" means an LEA that does not administer an approved
 mental health screening program described in this section.
        [(b)] (c) "Participating LEA" means an LEA that has an approved screening program
 described in this section.
        [(c)] (d) "Participating student" means a student in a participating LEA who
 participates in a mental health screening program.
        [(d)] (e) "Qualifying parent" means a parent:
        (i) of a participating student who, based on the results of a screening program, would
 benefit from resources that cannot be provided to the participating student in the school setting;
 and
        (ii) who qualifies for financial assistance to pay for the resources under rules made by
 the state board.
        [(e)] (f) "Screening program" means a student mental health screening program
 selected by a participating LEA and approved by the state board in consultation with the
 division.
        [(2) A participating LEA may implement a mental health screening for participating
 students using an evidence-based screening program.]
        (2) (a) On or before July 1, 2023, an LEA governing board shall determine whether the
 LEA will be a participating LEA or a non-participating LEA for the 2023-24 school year.
        (b) (i) During the 2023-24 school year, and each year after, a participating LEA may
 change the LEA's participation status and become a non-participating LEA for the next school
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       Enrolled Copy                                                                          H.B. 403
 year by reporting the status change to the state board by the end of the current school year.
        (ii) An LEA that changed the LEA's status from participating to non-participating in
 Subsection (2)(b)(i) is subject to the requirements of a non-participating LEA described in
 Subsection (2)(c).
        (c) (i) During the 2023-24 school year, and each year after, a non-participating LEA's
 governing board shall submit a record of determination to the state board by the end of the
 school year, which record shall state whether the non-participating LEA will:
        (A) maintain the LEA's non-participating status; or
        (B) change the LEA's status to be a participating LEA.
        (ii) If the non-participating LEA determines the LEA will change participation status
 and become a participating LEA, the LEA's status of participation will change at the end of the
 current school year.
        (3) The state board shall:
        (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
 Rulemaking Act, to [establish]:
        (i) establish a process for a participating LEA to submit a selected screening program
 to the state board for approval;
        (ii) in accordance with Title 53E, Chapter 9, Student Privacy and Data Protection, and
 the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, establish who may access
 and use a participating student's screening data; [and]
        (iii) establish a requirement and a process for appropriate LEA or school personnel to
 attend annual training related to administering the screening program;
        (iv) determine whether a parent is eligible to receive the financial support described in
 Subsection (5)(a) as a qualifying parent; and
        (v) apply for and distribute the financial support described in Subsection (5)(a);
        (b) in consultation with the division, approve an evidence-based student mental health
 screening program selected by a participating LEA that:
        (i) is age appropriate for each grade in which the screening program is administered;
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        H.B. 403                                                                        Enrolled Copy
         (ii) screens for the mental health conditions determined by the state board and division;
 and
         (iii) is an effective tool for identifying whether a student has a mental health condition
 that requires intervention; and
         (c) on or before November 30 of each year, submit a report on the screening programs
 to[:]
         [(i)] the State Suicide Prevention Coalition created under Subsection
 62A-15-1101(2)[;] and
         [(ii)] the Education Interim Committee in accordance with Section 53E-1-201[.] that
 contains the following:
         (i) the approximate number of participating students that were screened in each
 participating LEA the previous school year;
         (ii) the names and number of:
         (A) participating LEAs; and
         (B) non-participating LEAs;
         (iii) an overview of how participating LEAs utilized distributed funds; and
         (iv) whether the amount of distributed funds to each participating LEA was sufficient
 for the participating LEA's needs.
         (4) A participating LEA shall:
         (a) in accordance with rules made by the state board under Subsection (3)(a), submit a
 selected evidence-based screening program to the state board for approval;
         (b) implement and administer a state board-approved mental health screening program
 to participating students in the participating LEA[;] by:
         (i) annually notifying each parent with a student in the participating LEA that the
 parent may have the student screened for mental health conditions;
         [(c)] (ii) [obtain] obtaining prior written consent from a student's parent, that complies
 with Section 53E-9-203, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec.
 1232g, before the participating LEA [administers the screening program to] screens a
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        Enrolled Copy                                                                                H.B. 403
 participating student; [and]
            (iii) screening the student for mental health conditions; and
            [(d)] (iv) if results of a participating student's screening indicate a potential mental
 health condition, [notify] notifying the parent of the participating student of:
            [(i)] (A) the participating student's results; and
            [(ii)] (B) resources available to the participating student, including any services that
 can be provided by the school mental health provider or by a partnering entity[.];
            (c) use state board-distributed funds for the purposes described in Subsection (5)(a);
 and
            (d) provide the state board with necessary information and data for the state board to
 complete the report described in Subsection (3)(c).
            (5) (a) Within appropriations made by the Legislature for this purpose, the state board
 may distribute funds to a participating LEA to use to:
            (i) implement and administer a mental health screening for participating students as
 described in Subsection (4)(b); and
            (ii) assist a qualifying parent to pay for resources described in Subsection [(4)(d)(ii)]
 (4)(b)(iv)(B) that cannot be provided by a school mental health professional in the school
 setting.
            [(b) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, for:]
            [(i) determining whether a parent is eligible to receive the financial support described
 in Subsection (5)(a); and]
            [(ii) applying for and distributing the financial support described in Subsection (5)(a).]
            (b) The state board may not distribute funds described in Subsection (5)(a) to a
 non-participating LEA.
            (6) A school employee trained in accordance with rules made by the state board under
 Subsection (3)(a)(iii), who administers an approved mental health screening in accordance with
 this section in good faith, is not liable in a civil action for an act taken or not taken under this
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        H.B. 403         Enrolled Copy
 section.
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Statutes affected: 
Introduced: 53F-2-522
Amended: 53F-2-522
Enrolled: 53F-2-522