24 LC 49 1783S
The House Committee on Education offers the following substitute to HB 1104:
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the1
"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 require annual review by coaches; to provide8
for limited liability; to encourage additional implementation; to provide for related matters;9
to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality13
Basic Education Act," is amended in Part 14, relating to other educational programs, by14
revising Code Section 20-2-319.2, relating to school interscholastic extracurricular athletic 15
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policy providing for the use of a single, comprehensive, preparticipation physical16
examination form, as follows:17
"20-2-319.2.18
(a) The State Board of Education shall develop, with input from appropriate experts and19
organizations, a school interscholastic extracurricular athletic policy that provides for the20
use of a single, comprehensive, preparticipation physical examination form.21
(b) As used in this Code section, the term 'participation' means participation in sports22
try-outs tryouts and practices and actual interscholastic extracurricular sports competition.23
(c) When a school or school district has a policy which requires students who participate24
in extracurricular sports to have a physical examination and mental health risk screening25
prior to participation, the person or persons conducting the physical examination and the26
mental health screening shall use the State Board of Education approved form pursuant to27
subsection (d) of this Code section, provided that the form may at the option of the local28
board of education or other public school governing body include additional elements,29
including, but not limited to, additional elements regarding mental health screening.30
(d) The State Board of Education shall be authorized to appoint from time to time an31
appropriate committee to make recommendations concerning the comprehensive,32
preparticipation physical examination form to be used for physical examinations and33
mental health risk screenings referred to in this Code section. The committee may consult34
or work with appropriate voluntary organizations and shall give due consideration to the35
recommendations of the American Academy of Pediatrics and the Department of36
Behavioral Health and Developmental Disabilities on the subjects of student safety and37
physical and mental health on this subject. The final form shall be adopted and may from38
time to time be modified by rule by the State Board of Education."39
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SECTION 2.40
Said article is further amended in Part 15, relating to miscellaneous provisions, by adding a41
new Code section to read as follows:42
"20-2-324.7.43
(a) As used in this Code section, the term:44
(1) 'Athletic association' means any association of schools or any other similar45
organization which acts as an organizing, sanctioning, scheduling, or rule-making body46
for interscholastic athletic activities in which public schools and participating private47
schools in this state participate.48
(2) 'Healthcare provider' means a licensed physician, another licensed individual under49
the supervision of a licensed physician, licensed psychiatrist, licensed psychologist,50
licensed clinical social worker, licensed professional counselor, clinical nurse specialist51
in psychiatric/mental health, or other licensed mental or behavioral health clinician or52
specialist who has received training on screening school-age children for mental health53
risks.54
(3) 'Interscholastic athletic activity' means interscholastic athletics and practices and55
scrimmages related to interscholastic athletics.56
(4) 'Participating private school' means a private school in this state whose students or57
teams compete against students or teams from a public school or local school system in58
this state.59
(5) 'Student athlete' means a public school or participating private school student in60
grades six through 12 participating in or desiring to participate in an interscholastic61
athletic activity.62
(b) Each athletic association shall, in consultation with the Department of Behavioral63
Health and Developmental Disabilities, develop and post on its public website guidelines64
and other relevant materials to inform and educate student athletes, their parents or65
guardians, school personnel, and coaches about screening student athletes for mental health66
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risks and raising awareness of mental health resources available to student athletes. In67
developing such guidelines and materials, an athletic association may utilize educational68
videos available at no cost to the state for the purpose of educating school personnel and69
coaches.70
(c) Each public school and participating private school which includes one or more grades71
from grades six through 12 shall provide information to each student athlete's parent or72
guardian at least once each school year regarding screening student athletes for mental73
health risks and to raise awareness of mental health resources available to student athletes.74
(d)(1) Once each school year, each coach of an interscholastic athletic activity shall view75
an approved educational video, if available, and review the guidelines and relevant76
materials approved by each athletic association of which the coach's school is a member77
pursuant to subsection (b) of this Code section.78
(2) A coach shall not be eligible to coach an interscholastic athletic activity until he or79
she completes the requirements contained in this subsection.80
(e) This Code section shall not create any liability for, or create a cause of action against,81
a local board of education or other governing body of a public school or participating82
private school or the officers, employees, or volunteers of any such entities for any act or83
omission related to the removal or nonremoval of a student athlete participating in an84
interscholastic athletic activity in conjunction with an actual or perceived risk to the mental85
health of such student athlete or another student athlete; provided, however, that this86
subsection shall not include healthcare providers unless they are acting in a volunteer87
capacity.88
(f) The sponsors of youth athletic activities, as defined in subsection (a) of Code Section89
20-2-324.1, are encouraged to implement the provisions of this Code section."90
SECTION 3.91
All laws and parts of laws in conflict with this Act are repealed.92
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