Georgia 2023 2023-2024 Regular Session

Georgia House Bill HB1104 Introduced / Bill

Filed 01/31/2024

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House Bill 1104
By: Representatives Crawford of the 84
th
, Hugley of the 141
st
, McClain of the 109
th
, Douglas
of the 78
th
, and Cox of the 28
th
 
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the
1
"Quality Basic Education Act," so as to address mental health risks for student athletes; to2
provide for mental health screenings in addition to or in conjunction with preparticipation3
physical examinations for student athletes; to provide for guidelines and other relevant4
materials to inform and educate public school and participating private school student5
athletes, their parents or guardians, school personnel, and coaches about screening student6
athletes for mental health risks and raising awareness of mental health resources available7
to student athletes; to provide for definitions; to provide for informational meetings; to8
require annual review by coaches; to provide for limited liability; to encourage additional9
implementation; to provide for related matters; to repeal conflicting laws; and for other10
purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality14
Basic Education Act," is amended in Part 14, relating to other educational programs, by15
revising Code Section 20-2-319.2, relating to school interscholastic extracurricular athletic16
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policy providing for the use of a single, comprehensive, preparticipation physical
17
examination form, as follows:18
"20-2-319.2.19
(a)  The State Board of Education shall develop, with input from appropriate experts and20
organizations, a school interscholastic extracurricular athletic policy that provides for the21
use of a single, comprehensive, preparticipation physical examination form.22
(b)  As used in this Code section, the term 'participation' means participation in sports23
try-outs
 tryouts and practices and actual interscholastic extracurricular sports competition.24
(c)  When a school or school district has a policy which requires students who participate25
in extracurricular sports to have a physical examination and mental health risk screening26
prior to participation, the person or persons conducting the physical examination and the27
mental health screening shall use the State Board of Education approved form pursuant to28
subsection (d) of this Code section, provided that the form may at the option of the local29
board of education or other public school governing body include additional elements,30
including, but not limited to, additional elements regarding mental health screening.31
(d)  The State Board of Education shall be authorized to appoint from time to time an32
appropriate committee to make recommendations concerning the comprehensive,33
preparticipation physical examination form to be used for physical examinations and34
mental health risk screenings referred to in this Code section.  The committee may consult35
or work with appropriate voluntary organizations and shall give due consideration to the36
recommendations of the American Academy of Pediatrics and the Department of37
Behavioral Health and Developmental Disabilities on the subjects of student safety and38
physical and mental health on this subject.  The final form shall be adopted and may from39
time to time be modified by rule by the State Board of Education."40
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SECTION 2.
41
Said article is further amended in Part 15, relating to miscellaneous provisions, by adding a42
new Code section to read as follows:43
"20-2-324.7.
44
(a)  As used in this Code section, the term:45
(1) 'Athletic association' means any association of schools or any other similar46
organization which acts as an organizing, sanctioning, scheduling, or rule-making body47
for interscholastic athletic activities in which public schools and participating private48
schools in this state participate.49
(2)  'Healthcare provider' means a licensed physician, another licensed individual under50
the supervision of a licensed physician, licensed psychiatrist, licensed psychologist,51
licensed clinical social worker, licensed professional counselor, clinical nurse specialist52
in psychiatric/mental health, or other licensed mental or behavioral health clinician or53
specialist who has received training on screening school-age children for mental health54
risks.55
(3)  'Interscholastic athletic activity' means interscholastic athletics and practices and56
scrimmages related to interscholastic athletics.57
(4)  'Participating private school' means a private school in this state whose students or58
teams compete against students or teams from a public school or local school system in59
this state.60
(5)  'Student athlete' means a public school or participating private school student in61
grades six through 12 participating in or desiring to participate in an interscholastic62
athletic activity.63
(b)  The Department of Education shall, in consultation with the Department of Behavioral64
Health and Developmental Disabilities, develop and post on its public website guidelines65
and other relevant materials to inform and educate student athletes, their parents or66
guardians, school personnel, and coaches about screening student athletes for mental health67
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risks and raising awareness of mental health resources available to student athletes.  In68
developing such guidelines and materials, the Department of Education may utilize69
educational videos available at no cost to the state for the purpose of educating school70
personnel and coaches.  In the event that an athletic association in this state provides such71
guidelines and relevant materials on such athletic association's public website, the72
Department of Education shall not be required to duplicate such materials and shall be73
deemed to have met the provisions of this subsection.74
(c)  Each public school and participating private school which includes one or more grades75
from grades six through 12 shall hold an informational meeting twice each school year76
regarding screening student athletes for mental health risks and to raise awareness of77
mental health resources available to student athletes.  At such informational meeting, an78
information sheet on screening student athletes for mental health risks and identifying79
mental health resources available to student athletes shall be provided to each student80
athlete's parent or guardian.  In addition to student athletes, parents or guardians, school81
personnel, and coaches, such informational meetings may include healthcare providers.82
(d)(1)  Once each school year, each coach of an interscholastic athletic activity shall view83
an approved educational video, if available, and review the guidelines and relevant84
materials approved by the Department of Education pursuant to subsection (b) of this85
Code section or provided by an athletic association.86
(2)  A coach shall not be eligible to coach an interscholastic athletic activity until he or87
she completes the requirements contained in this subsection.88
(e)  This Code section shall not create any liability for, or create a cause of action against,89
a local board of education or other governing body of a public school or participating90
private school or the officers, employees, or volunteers of any such entities for any act or91
omission related to the removal or nonremoval of a student athlete participating in an92
interscholastic athletic activity in conjunction with an actual or perceived risk to the mental93
health of such student athlete or another student athlete; provided, however, that this94
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subsection shall not include healthcare providers unless they are acting in a volunteer95
capacity.96
(f)  The sponsors of youth athletic activities, as defined in subsection (a) of Code Section97
20-2-324.1, are encouraged to implement the provisions of this Code section."98
SECTION 3.99
All laws and parts of laws in conflict with this Act are repealed.100
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