24 LC 49 1722 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 H. B. 1104 - 1 - 24 LC 49 1722 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 H. B. 1104 - 2 - 24 LC 49 1722 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 H. B. 1104 - 3 - 24 LC 49 1722 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 H. B. 1104 - 4 - 24 LC 49 1722 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 H. B. 1104 - 5 -