a) MENTAL HEALTH SCREENING PROGRAM ESTABLISHED

i) It is a goal of STATE to offer annual mental health screenings to students in grades six through twelve to reduce risks related to student’s unmet mental and behavioral health needs and improve physical and mental health outcomes for young people. 

ii) The Mental Health Screening Program is created in the [DEPARTMENT OF EDUCATION OR BEHAVIORAL HEALTH] to identify potential risks related to unmet mental or behavioral health needs of students in grades six through twelve annually and to provide a student who has a mental or behavioral health concern with resources and referrals to address the student’s mental or behavioral health needs. 

iii) The [DEPARTMENT OF EDUCATION OR BEHAVIORAL HEALTH] shall consult with the [STATE MEDICAID AGENCY] and [DEPARTMENT OF BEHAVIORAL HEALTH OR  DEPARTMENT OF EDUCATION AND OTHER RELEVANT DEPARTMENTS] to make recommendations for the purposes of identifying priority counties and districts for the implementation of the Program. The [DEPARTMENT OF EDUCATION OR BEHAVIORAL HEALTH] shall collaborate with [DEPARTMENT OF EDUCATION OR BEHAVIORAL HEALTH] to prioritize school districts that have a high percentage of students enrolled in Medicaid and a high number of referrals to the [STATE MENTAL HEALTH CRISIS HOTLINE OR OTHER APPLICABLE RESOURCE]. The [DEPARTMENT OF EDUCATION OR  BEHAVIORAL HEALTH] shall target expansion by at least 20% per year, until all eligible schools are participating.

iv) A participating school shall administer an annual mental health screening. Any school receiving public funding may be a participating school. The [DEPARTMENT OF EDUCATION OR BEHAVIORAL HEALTH] shall promulgate rules as necessary to implement and administer the Mental Health Screening Program created by this section.

v) A mental health screening must: 

1) Be administered at the participating school in the manner prescribed by the [DEPARTMENT OF EDUCATION OR BEHAVIORAL HEALTH]; 

2) Be administered by a screener that meets the requirements set by the [DEPARTMENT OF EDUCATION OR BEHAVIORAL HEALTH]; 

3) Utilize an evidence-based screening tool approved by the [DEPARTMENT OF EDUCATION OR BEHAVIORAL HEALTH] to administer the mental health screening; 

4) Be made available in a student’s native language; and 

5) Be able to be delivered in formats as necessary to be accessible to all students.

vi) A participating school shall provide written notice to a student’s parent or guardian within the first two weeks of the school year that a mental health screening will be administered at the school. The written notice must include:

1) The purpose for the screening; 

2) The screener selected to administer the mental health screening; 

3) The date and time the mental health screening is scheduled; 

4) A statement that the parent or guardian will be notified following any mental health screening if additional resources or service referrals are necessary to address the student’s mental health concerns; 

5) A statement notifying the parent or guardian that the parent or guardian has the right to opt their child out of participating in the mental health screening, and that provides information on how to opt out, and the time frame for opting out, which must be a time frame of at least fourteen days; and, 

6) Any other information determined necessary by the [DEPARTMENT OF EDUCATION OR BEHAVIORAL HEALTH] or participating school. 

vii) A parent or guardian has the authority to opt out of their child’s participation in the mental health screening in a non-onerous manner prescribed by the participating school, such as signing an opt-out form. 

viii) Each participating school or district shall publish on its website a description of the evidence-based screening tool that will be used, the parental or guardian consent form, policies and procedures related to administering mental health screenings, and other materials related to the mental health screening performed pursuant to this section. Completed mental health screenings may never be published publicly and use of the collected information must meet the requirements set forth in subsection x).

ix) For each mental health screening administered, the screener shall:

1) Use an evidence-based, mental health screening tool to assess the mental health and wellbeing of students.

2) Inform the student of the circumstances in which confidentiality will not be maintained prior to administering the screening.

3) Review all results and determine which students may need additional follow-up or mental health services within twenty-four hours after a student completes the mental health screening.

4) If, after reviewing the mental health screening results, the screener believes a student is at risk of physical self-harm, harming others, or is in need of immediate attention from a mental health professional, the screener shall immediately notify the student’s parent or guardian and school, pursuant to a pre-established process with the school or school district. After receiving such notification, the school shall follow the school’s crisis response policy. This information must not be used to prevent a student from continuing to attend school, except for as permitted by existing school policy. 

5) If, after reviewing the mental health screening results, the screener believes a student may have a mental health concern, including, but not limited to, those stated in subsection (3) of this section, and is in need of additional mental health services, the screener shall notify the student’s parent or guardian within forty-eight hours after the student completes the mental health screening and provide the student and the student’s parent or guardian with information on behavioral health resources and services and information about the rights of students with disabilities. 

6) If at any time during the mental health screening the screener believes that a student is a victim of child abuse or neglect or that the child’s home situation presents an immediate serious threat of harm to the child, the screener shall report the known or suspected child abuse or neglect to the [COUNTY DEPARTMENT OF HUMAN or SOCIAL SERVICES or LOCAL LAW ENFORCEMENT AGENCY], pursuant to existing state law and district or school policy.

x) A participating school entity shall annually report to the [DEPARTMENT OF EDUCATION], by the end of the school year in which a screening was administered, the following:

1) Compliance with the criteria of the program;

2)Total number and percentage of students who have been screened, and non-identifying demographic information relating to those students;

3) Total number and percentage of students who were opted-out of screening, and non-identifying demographic information relating to those students; 

4) Total number and percentage of students who received follow-up or referrals due to screening results, and non-identifying demographic information relating to those students; and

5) Identification of any challenges or needs related to capacity for or ability to provide needed mental health services and supports to students with mental health challenges. 

xi) Individually identifiable information collected for, during, or after the mental health screening process is subject to state and federal privacy laws and regulations, including  the Federal “Health Insurance Portability and Accountability Act of 1996”, pub.l. 104-191, as amended.

xii) Staff of a participating school entity or selected vendor, or any person involved in the mental health screening process or with access to records or information involving the mental health screening process,  shall not disclose records or information collected as part of administering the Program without written consent from the student, if the student is over eighteen years of age, or the student’s parent or guardian. All parties subject to the requirements of this Act shall comply with all applicable requirements of the Federal “Americans with Disabilities Act of 1990”, 42 U.S.C. Sec. 12101, et seq., as amended; the Federal “Individuals with Disabilities Education Act”, 20 U.S.C. Sec. 1400, as amended; Section 504 of the Federal “Rehabilitation Act of 1973”, 29 U.S.C.. Sec. 794, as amended; and Title VI of the Federal “Civil Rights Act of 1964”, as amended. 

b) MENTAL OR BEHAVIORAL HEALTH REASON AS AN EXCUSED ABSENCE 

i) Beginning with the [YEAR] school year, the [DEPARTMENT OF EDUCATION] shall adopt rules that categorize an absence for a mental or behavioral health reason as an excused absence due to illness, health condition, or medical appointment.

ii) A student’s absence from school for a mental or behavioral health reason is a necessary and an excused absence. Each school receiving public funding shall determine the maximum number of excused absences allowable under this section.

iii) A student may not be penalized for an excused absence for the mental or behavioral health of the student and must be given the opportunity to make up any schoolwork missed during such excused absence.

iv) After the second and subsequent excused absence for the mental or behavioral health of the student, the student must be referred to a school-based or other mental or behavioral health specialist.

v) The [DEPARTMENT OF EDUCATION] shall provide the technical ability for all schools receiving public funding to code and create reports related to these absences.

vi) DEFINITIONS. For the purpose of this section: 

1) “Excused absence” means a full school day and does not require a medical or doctor’s note.

c) PUBLIC SAFETY NUMBERS IN STUDENT IDS

i) All schools receiving public funding serving students in grades 6 to 12 that issue student identification cards shall have printed on one side of the student identification card the following contact information:

1) For an emergency: 911; and

2) For mental health support, the National Mental Health Hotline: call or text 988.

d) MENTAL HEALTH INTERVENTION GRANT PROGRAM

i) Within 90 days of enactment of this section, the [DEPARTMENT OF BEHAVIORAL HEALTH or the DEPARTMENT OF EDUCATION] is directed to issue guidance and best practices for the delivery of evidence-based mental health intervention services and supports for students in grades 6 to 12 and mental health training for grade 6 to 12 educators, including identifying mechanisms to expand evidence-based mental health intervention services and supports through the Elementary and Secondary School Emergency Relief Fund (ESSER) and other federal funding.

ii) Subject to legislative appropriations, there is created in the [DEPARTMENT OF BEHAVIORAL HEALTH or the DEPARTMENT OF EDUCATION] the Mental Health Intervention Grant Program to distribute grant funding to local education agencies to implement evidence-based mental health interventions and preventative interventions that the [DEPARTMENT OF BEHAVIORAL HEALTH and/or the DEPARTMENT OF EDUCATION] approves in accordance with subsection c) i). The DEPARTMENT is authorized to promulgate regulations for such program, including that:

1) A local education agency or group of providers may apply for a grant, and once awarded a grant, shall use the grant money to implement evidence-based mental health intervention supports, including, but not limited to: 

(a) Providing support to students and families to address mental health concerns;

(b) Workshops and seminars for students, educators, parents or guardians, and families to provide behavioral preventive interventions, including positive parenting tools, positive behavior plans, and resiliency building skills;

(c) Facilitating coordination between school and community-based providers to connect students and families to behavioral and mental health supports in school or in their community;

(d) Providing families with referrals in order to support students’ mental health needs within the community, as needed;

(e) Facilitating evidence-based behavioral training programs for school and community-based staff.

2) A local education agency may make a request to the [DEPARTMENT OF BEHAVIORAL HEALTH or the DEPARTMENT OF EDUCATION]to use grant money for purposes other than those specified by the [DEPARTMENT OF BEHAVIORAL HEALTH or the DEPARTMENT OF EDUCATION] if the proposed use of the grant money will support or increase the effectiveness of an evidence-based mental health intervention support program.

iii) REPORTING REQUIREMENTS

1) On or before reporting deadlines established by the [DEPARTMENT OF BEHAVIORAL HEALTH or the DEPARTMENT OF EDUCATION], in each year in which a local education agency or group of local education agencies receives a grant pursuant to the program, the provider or providers shall submit a report to the [DEPARTMENT OF BEHAVIORAL HEALTH or the DEPARTMENT OF EDUCATION] that includes the information required by the [DEPARTMENT OF BEHAVIORAL HEALTH or the DEPARTMENT OF EDUCATION]. At a minimum, the report must include the following information:

(a) The number of students who are participating in the evidence-based mental health intervention support program; and non-identifying demographic information relating to those students;

(b) Any adjustments made to the local education agencies’ program plan and the reason adjustments were made;

(c) How program grants were used by the local education agency and a summary of other resources used, if any, to provide evidence-based mental health intervention support beyond the resources provided through the program;

(d) The criteria used to place students in the evidence-based mental health intervention support program;

(e) The impact or student outcomes associated with the local education agency’s evidence-based mental health intervention support program; and

(f) Whether the local education agency’s evidence-based mental health intervention support program will continue in the following fiscal year and, if not, the reason the program will not continue.

2) Within two years of enactment of this section, and every two years thereafter, the [DEPARTMENT OF BEHAVIORAL HEALTH or the DEPARTMENT OF EDUCATION] is to submit a report to the Governor and Legislature on progress made under the grant program and an assessment of additional ways STATE can expand access to evidence-based behavioral, and mental health supports. At a minimum, the report must include the following information:

(a) Highlight schools and districts that have improved grade 6 to 12 mental health outcomes of students using evidence-based mental health intervention supports;

(b) Provide descriptions and analysis of practices that contributed to the improvements described in (a) above;

(c) Detail plans for expansion of existing evidence-based mental health intervention supports, alongside proposed applications for federal, state, local, and foundation grant funding; and,

(d) Highlight any other programs the [DEPARTMENT OF BEHAVIORAL HEALTH or the DEPARTMENT OF EDUCATION] identifies that would result in an efficient expansion of evidence-based mental health intervention support. The plan should target expansion of programs by at least 20% per year.

e) MEDICAID COVERAGE FOR SCHOOL-BASED MENTAL HEALTH SERVICES

i) The [STATE MEDICAID AGENCY] shall provide Medicaid reimbursement, to the extent permissible under federal law, for all medically necessary  mental or behavioral health services, assessments, and evaluations provided in a school setting to any student enrolled in Medicaid [or the State Children’s Health Insurance Program].

ii) The  [STATE MEDICAID AGENCY] shall:

1) Amend the Medicaid state plan, as necessary, to provide reimbursement for the mental and behavioral health services and evaluations described in subsection (i) of this section; and, 

2) Ensure inclusion of all Medicaid-allowable licensed or credentialed school mental health providers; and

3) Upon obtaining federal approval the [STATE MEDICAID AGENCY] shall update its regulations and provider manuals to reflect the changes to the program and shall provide comprehensive training to local education agencies; and

4) Notify the Governor and minority and majority leadership of both chambers of:

(a) Submission of a State Plan Amendment to the Centers for Medicare and Medicaid Services (CMS) for school-based services;

(b) Receipt of approval from CMS for the State Plan Amendment;

(c) Submission of a Cost Allocation Plan amendment following approval of the State Plan Amendment; and

(d) Receipt of approval of the Cost Allocation Plan amendment.

iii) Local education agencies shall receive federal funds received for school-based services and these funds shall be reinvested to support school-based mental health programs and services, with appropriate allowances to defray administrative costs if needed.

iv) If before implementing this section, [STATE MEDICAID AGENCY] determines a waiver or authorization from a federal agency is necessary for implementation of this section, the agency shall request the waiver or authorization.

f) [State] has a compelling interest in protecting privacy and the protection of personal information. In administering this Act, state and local agencies, businesses, and any other entity, shall only request data necessary to administer this Act and retain it only as required to administer and achieve the purposes of the Act. Any personal information or data collected or obtained in the course of administering this Act shall be shared only in a manner that has been deidentified and aggregated to the greatest extent allowable while still in compliance with federal eligibility requirements and every allowable effort shall be made to revoke access to such data should programs be eliminated or should there be an ineligibility determination. Personal information or data collected or obtained in the course of administering this Act shall not be otherwise disclosed without the informed consent of the individual, a warrant signed by a [state] judge or federal judge, lawful court order administered within [state] or a lawful federal court order, or subpoena administered within [state] or federal subpoena, or unless otherwise required by federal or state statute. Personal information or data may be considered deidentified if it cannot reasonably be used to infer information about, or otherwise be linked to, a particular individual or household.

g) Severability

i) The provisions of this Act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.