| 1 | 1 | | REFERENCE TITLE: mental health services; public schools State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2862 Introduced by Representative Gress AN ACT amending title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.05; relating to public schools. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 11 | 11 | | REFERENCE TITLE: mental health services; public schools |
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| 12 | 12 | | State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 |
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| 13 | 13 | | HB 2862 |
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| 14 | 14 | | Introduced by Representative Gress |
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| 16 | 16 | | REFERENCE TITLE: mental health services; public schools |
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| 26 | 26 | | State of Arizona |
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| 28 | 28 | | House of Representatives |
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| 30 | 30 | | Fifty-seventh Legislature |
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| 32 | 32 | | First Regular Session |
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| 34 | 34 | | 2025 |
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| 42 | 42 | | HB 2862 |
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| 46 | 46 | | Introduced by |
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| 48 | 48 | | Representative Gress |
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| 66 | 66 | | AN ACT |
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| 70 | 70 | | amending title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.05; relating to public schools. |
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| 76 | 76 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-120.05, to read: START_STATUTE15-120.05. School-based mental health support services; parental notification and access; posting requirements; disciplinary measures; definitions A. A school district or charter school may not provide school-based mental health support services to students without first obtaining approval from the school district governing board or charter school governing body to provide the services. This subsection applies to services that use school social workers, school counselors, school psychologists, behavioral interventionists or any other school personnel to address the cognitive, affective, behavioral or emotional functioning of students at the individual level or the school level. This subsection does not apply to special education services that are provided pursuant to chapter 7, article 4 of this title. B. A school district governing board or charter school governing body that approves school-based mental health support services pursuant to subsection A of this section shall prescribe and enforce policies and procedures to regulate the services consistent with the requirements prescribed by title 1, chapter 6 relating to the fundamental right of parents to direct the upbringing, education, health care and mental health of their children. The policies and procedures adopted pursuant to this subsection shall do all of the following: 1. Require informed parental consent for any mental health support service that is provided to the parent's child. 2. Require that student participation in any mental health support service, including a universal screening for a mental health support service, be on a voluntary basis. 3. Prohibit the school district or charter school from obtaining parental consent through an automated process that allows a parent to annually opt in to the parent's child receiving mental health support services. 4. Require parental consent to universally screen the parent's child for mental health support services. 5. If an immediate crisis response by school personnel is not necessary to prevent life-threatening harm to a student or other persons, require a school district or charter school to do both of the following before either recommending that a student consult with mental health support service personnel or referring a student for participation in a targeted intervention by mental health support service personnel: (a) Provide written notification to the student's parent that identifies with reasonable particularity the basis for the recommendation or referral. (b) Obtain written consent from the student's parent before providing the consultation or targeted intervention. 6. Before performing a targeted intervention, require the mental health support service personnel to prepare and deliver to the parent of the student who is participating in the intervention an individualized student intervention plan that includes all of the following: (a) A description of the goal of the intervention and the expected techniques or methodologies that the mental health support service personnel will use to address the concern that is identified as the basis for the intervention. (b) A list of all screening tools, evaluations, surveys, tests and assessments that the mental health support service personnel may use to conduct the intervention. On request from the parent, the mental health support service personnel shall provide to the parent a copy of each item included in the list before conducting the intervention. (c) The name and contact information of all school personnel who will participate in the intervention, together with the following information for each individual: (i) Either the type of state board of education certification held by the individual, if applicable, or, if the individual is not certified by the state board of education, a statement that the individual is uncertified. (ii) Either the type of license that is issued to the individual by a health profession regulatory board, if applicable, or, if the individual is not licensed by a health profession regulatory board, a statement that the individual is not licensed. For the purposes of this item, "health profession regulatory board" includes the Board of Behavioral Health Examiners, the state Board of Psychologists Examiners and any other health regulatory entity as defined in section 32-3101. (d) If applicable, a statement that a student, intern or trainee who is participating in a supervised course of study under qualified supervision will provide part of the mental health support services for the intervention. (e) A statement that identifies all school personnel who may receive information related to a student intervention, including any information that is disclosed, collected or prepared during the intervention. (f) If the school district uses specialized software or a software-as-a-service platform to collect, track or share information related to a student intervention, a statement that all information related to the student that is collected by or stored in the software may be inspected by the student's parent on request. (g) A statement that the student's parent may withdraw consent at any time for the student to receive a mental health support service or to participate in an intervention. (h) The notice of disclaimer required by subsection D of this section. 7. Allow a student to self-refer for mental health support services without written parental consent. Unless the mental health support service personnel reasonably believes that the student is the victim of conduct that is subject to the reporting requirements prescribed by section 13-3620, a student who self-refers pursuant to this paragraph may not participate in an intervention or receive ongoing mental health support services until the student's parent signs an individualized student intervention plan that is prepared pursuant to paragraph 6 of this subsection. C. All records relating to mental health support services that a school district or charter school provides to a student pursuant to this section, including materials, handouts, presentations, notes, reports and records of communication between school personnel and the student, are educational records and may be inspected by the student's parent pursuant to section 15-143. D. If a school district or charter school provides mental health support services pursuant to this section, the school shall post on the school's website a description of the mental health support services that are approved pursuant to subsection A of this section and a prominent and conspicuous notice of disclaimer stating that: 1. School counselors, school social workers and other behavioral interventionists who are not licensed by the Board of Behavioral Health Examiners may not: (a) Engage in the practice of behavioral health. (b) Diagnose or treat a mental ailment, disease or disorder or any other mental health condition. 2. Certified school psychologists who are employed by or contracted to provide services to a school district or charter school are exempt from the licensure and regulation requirements prescribed by the state Board of Psychologist Examiners pursuant to section 32-2075. 3. Trainees and interns are students who are pursuing a course of study relevant to mental health support services in a regionally accredited educational institution of higher education or a training institution and may provide mental health support services only under qualified supervision and as part of the student's supervised course of study. E. School districts, charter schools and mental health support services personnel shall comply with the requirements prescribed by subsection B, paragraph 5 of this section and policies relating to school-based behavioral health referrals that are adopted pursuant to section 36-3436.01 before providing a school-based referral for behavioral health services to a contracted behavioral health services provider pursuant to the children's behavioral health services fund established by section 36-3436 or for services provided through the Arizona health care cost containment system. F. A school district governing board or charter school governing body may discipline any school personnel who violate this section, including suspension, dismissal and referral to the state board of education for unprofessional conduct. In addition to any disciplinary action taken pursuant to this subsection, a student's parent may bring suit against the school personnel, school district or charter school for any violation of this section that interferes with or usurps the fundamental rights of parents as provided in section 1-602. G. For the purposes of this section: 1. "Intervention": (a) Means a targeted individualized mental health support service that is performed by school personnel on a student to address the cognitive, affective, behavioral or emotional functioning of the student. (b) Includes psychological behavioral assessments, functional behavioral assessments, individual school counseling, group school counseling and other techniques and practices that are designed to address a mental health concern. 2. "Mental health support service": (a) Means any mental health-based program or activity that is provided by school personnel and that is accessible to all general education students to address, prevent, identify, intervene in or treat a mental health concern that is affecting a student's cognitive, affective, behavioral or emotional functioning. (b) Includes universal screening, response to intervention, positive behavioral support and other programs provided to all general education students to identify students for targeted, individualized interventions. (c) Does not include psychoeducational activities as part of a general curriculum or course of study to promote mental health literacy about mental disorders, including causes, risk factors, signs and symptoms, treatment options and strategies to improve attitudes toward mental health. 3. "Personnel" means any school employee or contractor. 4. "Referral" means either: (a) An informal or formal process of connecting a student to a specific mental health support service that is performed by school personnel. (b) A recommendation that a student seek the services of a contracted behavioral health service provider or other external mental health professional. 5. "Universal screening": (a) Means the assessment of all students without known risk factors to identify students who are at risk for a mental health concern and who may require a targeted mental health support service. (b) Includes the application of a systematic tool or process, standardized student-report measures, standardized parent-report measures, standardized teacher-report measures, the examination of de-identified, aggregate mental health surveillance data and a structured teacher nomination process. END_STATUTE |
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| 82 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 84 | 84 | | Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-120.05, to read: |
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| 86 | 86 | | START_STATUTE15-120.05. School-based mental health support services; parental notification and access; posting requirements; disciplinary measures; definitions |
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| 87 | 87 | | |
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| 88 | 88 | | A. A school district or charter school may not provide school-based mental health support services to students without first obtaining approval from the school district governing board or charter school governing body to provide the services. This subsection applies to services that use school social workers, school counselors, school psychologists, behavioral interventionists or any other school personnel to address the cognitive, affective, behavioral or emotional functioning of students at the individual level or the school level. This subsection does not apply to special education services that are provided pursuant to chapter 7, article 4 of this title. |
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| 89 | 89 | | |
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| 90 | 90 | | B. A school district governing board or charter school governing body that approves school-based mental health support services pursuant to subsection A of this section shall prescribe and enforce policies and procedures to regulate the services consistent with the requirements prescribed by title 1, chapter 6 relating to the fundamental right of parents to direct the upbringing, education, health care and mental health of their children. The policies and procedures adopted pursuant to this subsection shall do all of the following: |
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| 91 | 91 | | |
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| 92 | 92 | | 1. Require informed parental consent for any mental health support service that is provided to the parent's child. |
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| 94 | 94 | | 2. Require that student participation in any mental health support service, including a universal screening for a mental health support service, be on a voluntary basis. |
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| 96 | 96 | | 3. Prohibit the school district or charter school from obtaining parental consent through an automated process that allows a parent to annually opt in to the parent's child receiving mental health support services. |
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| 97 | 97 | | |
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| 98 | 98 | | 4. Require parental consent to universally screen the parent's child for mental health support services. |
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| 99 | 99 | | |
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| 100 | 100 | | 5. If an immediate crisis response by school personnel is not necessary to prevent life-threatening harm to a student or other persons, require a school district or charter school to do both of the following before either recommending that a student consult with mental health support service personnel or referring a student for participation in a targeted intervention by mental health support service personnel: |
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| 102 | 102 | | (a) Provide written notification to the student's parent that identifies with reasonable particularity the basis for the recommendation or referral. |
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| 104 | 104 | | (b) Obtain written consent from the student's parent before providing the consultation or targeted intervention. |
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| 105 | 105 | | |
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| 106 | 106 | | 6. Before performing a targeted intervention, require the mental health support service personnel to prepare and deliver to the parent of the student who is participating in the intervention an individualized student intervention plan that includes all of the following: |
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| 107 | 107 | | |
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| 108 | 108 | | (a) A description of the goal of the intervention and the expected techniques or methodologies that the mental health support service personnel will use to address the concern that is identified as the basis for the intervention. |
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| 109 | 109 | | |
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| 110 | 110 | | (b) A list of all screening tools, evaluations, surveys, tests and assessments that the mental health support service personnel may use to conduct the intervention. On request from the parent, the mental health support service personnel shall provide to the parent a copy of each item included in the list before conducting the intervention. |
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| 111 | 111 | | |
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| 112 | 112 | | (c) The name and contact information of all school personnel who will participate in the intervention, together with the following information for each individual: |
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| 114 | 114 | | (i) Either the type of state board of education certification held by the individual, if applicable, or, if the individual is not certified by the state board of education, a statement that the individual is uncertified. |
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| 115 | 115 | | |
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| 116 | 116 | | (ii) Either the type of license that is issued to the individual by a health profession regulatory board, if applicable, or, if the individual is not licensed by a health profession regulatory board, a statement that the individual is not licensed. For the purposes of this item, "health profession regulatory board" includes the Board of Behavioral Health Examiners, the state Board of Psychologists Examiners and any other health regulatory entity as defined in section 32-3101. |
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| 118 | 118 | | (d) If applicable, a statement that a student, intern or trainee who is participating in a supervised course of study under qualified supervision will provide part of the mental health support services for the intervention. |
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| 119 | 119 | | |
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| 120 | 120 | | (e) A statement that identifies all school personnel who may receive information related to a student intervention, including any information that is disclosed, collected or prepared during the intervention. |
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| 121 | 121 | | |
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| 122 | 122 | | (f) If the school district uses specialized software or a software-as-a-service platform to collect, track or share information related to a student intervention, a statement that all information related to the student that is collected by or stored in the software may be inspected by the student's parent on request. |
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| 123 | 123 | | |
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| 124 | 124 | | (g) A statement that the student's parent may withdraw consent at any time for the student to receive a mental health support service or to participate in an intervention. |
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| 125 | 125 | | |
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| 126 | 126 | | (h) The notice of disclaimer required by subsection D of this section. |
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| 127 | 127 | | |
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| 128 | 128 | | 7. Allow a student to self-refer for mental health support services without written parental consent. Unless the mental health support service personnel reasonably believes that the student is the victim of conduct that is subject to the reporting requirements prescribed by section 13-3620, a student who self-refers pursuant to this paragraph may not participate in an intervention or receive ongoing mental health support services until the student's parent signs an individualized student intervention plan that is prepared pursuant to paragraph 6 of this subsection. |
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| 129 | 129 | | |
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| 130 | 130 | | C. All records relating to mental health support services that a school district or charter school provides to a student pursuant to this section, including materials, handouts, presentations, notes, reports and records of communication between school personnel and the student, are educational records and may be inspected by the student's parent pursuant to section 15-143. |
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| 131 | 131 | | |
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| 132 | 132 | | D. If a school district or charter school provides mental health support services pursuant to this section, the school shall post on the school's website a description of the mental health support services that are approved pursuant to subsection A of this section and a prominent and conspicuous notice of disclaimer stating that: |
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| 133 | 133 | | |
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| 134 | 134 | | 1. School counselors, school social workers and other behavioral interventionists who are not licensed by the Board of Behavioral Health Examiners may not: |
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| 136 | 136 | | (a) Engage in the practice of behavioral health. |
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| 138 | 138 | | (b) Diagnose or treat a mental ailment, disease or disorder or any other mental health condition. |
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| 139 | 139 | | |
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| 140 | 140 | | 2. Certified school psychologists who are employed by or contracted to provide services to a school district or charter school are exempt from the licensure and regulation requirements prescribed by the state Board of Psychologist Examiners pursuant to section 32-2075. |
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| 142 | 142 | | 3. Trainees and interns are students who are pursuing a course of study relevant to mental health support services in a regionally accredited educational institution of higher education or a training institution and may provide mental health support services only under qualified supervision and as part of the student's supervised course of study. |
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| 143 | 143 | | |
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| 144 | 144 | | E. School districts, charter schools and mental health support services personnel shall comply with the requirements prescribed by subsection B, paragraph 5 of this section and policies relating to school-based behavioral health referrals that are adopted pursuant to section 36-3436.01 before providing a school-based referral for behavioral health services to a contracted behavioral health services provider pursuant to the children's behavioral health services fund established by section 36-3436 or for services provided through the Arizona health care cost containment system. |
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| 146 | 146 | | F. A school district governing board or charter school governing body may discipline any school personnel who violate this section, including suspension, dismissal and referral to the state board of education for unprofessional conduct. In addition to any disciplinary action taken pursuant to this subsection, a student's parent may bring suit against the school personnel, school district or charter school for any violation of this section that interferes with or usurps the fundamental rights of parents as provided in section 1-602. |
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| 147 | 147 | | |
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| 148 | 148 | | G. For the purposes of this section: |
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| 150 | 150 | | 1. "Intervention": |
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| 152 | 152 | | (a) Means a targeted individualized mental health support service that is performed by school personnel on a student to address the cognitive, affective, behavioral or emotional functioning of the student. |
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| 153 | 153 | | |
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| 154 | 154 | | (b) Includes psychological behavioral assessments, functional behavioral assessments, individual school counseling, group school counseling and other techniques and practices that are designed to address a mental health concern. |
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| 155 | 155 | | |
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| 156 | 156 | | 2. "Mental health support service": |
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| 157 | 157 | | |
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| 158 | 158 | | (a) Means any mental health-based program or activity that is provided by school personnel and that is accessible to all general education students to address, prevent, identify, intervene in or treat a mental health concern that is affecting a student's cognitive, affective, behavioral or emotional functioning. |
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| 159 | 159 | | |
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| 160 | 160 | | (b) Includes universal screening, response to intervention, positive behavioral support and other programs provided to all general education students to identify students for targeted, individualized interventions. |
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| 161 | 161 | | |
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| 162 | 162 | | (c) Does not include psychoeducational activities as part of a general curriculum or course of study to promote mental health literacy about mental disorders, including causes, risk factors, signs and symptoms, treatment options and strategies to improve attitudes toward mental health. |
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| 163 | 163 | | |
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| 164 | 164 | | 3. "Personnel" means any school employee or contractor. |
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| 165 | 165 | | |
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| 166 | 166 | | 4. "Referral" means either: |
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| 167 | 167 | | |
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| 168 | 168 | | (a) An informal or formal process of connecting a student to a specific mental health support service that is performed by school personnel. |
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| 169 | 169 | | |
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| 170 | 170 | | (b) A recommendation that a student seek the services of a contracted behavioral health service provider or other external mental health professional. |
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| 171 | 171 | | |
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| 172 | 172 | | 5. "Universal screening": |
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| 173 | 173 | | |
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| 174 | 174 | | (a) Means the assessment of all students without known risk factors to identify students who are at risk for a mental health concern and who may require a targeted mental health support service. |
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| 175 | 175 | | |
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| 176 | 176 | | (b) Includes the application of a systematic tool or process, standardized student-report measures, standardized parent-report measures, standardized teacher-report measures, the examination of de-identified, aggregate mental health surveillance data and a structured teacher nomination process. END_STATUTE |
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