23 LC 49 1045
H. B. 320
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House Bill 320
By: Representatives Scott of the 76
th
, Davis of the 87
th
, Schofield of the 63
rd
, and Hutchinson
of the 106
th
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
1
Annotated, relating to the health of students generally, so as to require the State Board of2
Education to adopt rules to require all certificated public school personnel to receive annual3
training in depression and suicide awareness and prevention; to provide for the establishment4
and purpose of the Student Mental Health Screenings Grant Program; to provide for the5
allocation of grant awards under such program; to provide for grant application requirements;6
to provide for implementation of grant funded mental health screening programs by local7
school systems; to provide for local school systems to partner with organizations and8
healthcare providers specializing in pediatric and adolescent mental health to perform mental9
health screenings; to provide for requirements of the Department of Education to develop a10
model policy and guidance and to approve training materials; to revise requirements for local11
school systems to adopt certain policies; to provide for a definition; to provide for legislative12
findings; to provide for construction; to provide for related matters; to repeal conflicting13
laws; and for other purposes.14 23 LC 49 1045
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
15
SECTION 1.16
The General Assembly finds that:17
(1) Depression is the most common mental health disorder among American teenagers and18
adults, with over 2.8 million young people between the ages of 12 and 17 experiencing at19
least one major depressive episode each year, approximately 10 to 15 percent of teenagers20
exhibiting at least one symptom of depression at any time, and roughly 5 percent of21
teenagers suffering from major depression at any time. Teenage depression is two to three22
times more common in females than in males;23
(2) Various biological, psychological, and environmental risk factors may contribute to24
teenage depression, which can lead to substance and alcohol abuse, social isolation, poor25
academic and workplace performance, unnecessary risk taking, early pregnancy, and26
suicide, which is the third leading cause of death among teenagers. Approximately 2027
percent of teenagers with depression seriously consider suicide and one in 12 attempt28
suicide. Untreated teenage depression can also result in adverse consequences into and29
throughout adulthood;30
(3) Most teenagers who experience depression suffer from more than one episode. It is31
estimated that although teenage depression is highly treatable through combinations of32
therapy, individual and group counseling, and certain medications, fewer than one-third of33
teenagers experiencing depression seek help or treatment.; and34
(4) The proper detection and diagnosis of depression is key in reducing the risk of teenage35
suicide and improving physical and mental health outcomes for young people. It is36
therefore fitting and appropriate to establish school based depression screenings to help37
identify the symptoms of depression and facilitate access to appropriate treatment.38 23 LC 49 1045
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SECTION 2.
39
Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,40
relating to the health of students generally, is amended by revising Code Section 20-2-779.1,41
relating to suicide prevention and awareness training and no duty of care imposed, as42
follows:43
"20-2-779.1.44
(a)(1) The Department
State Board of Education shall adopt rules to require that all45
certificated public school personnel receive annual training in depression and suicide46
awareness and prevention. This training shall be provided within the framework of47
existing in-service training programs offered and materials approved by the Department48
of Education or as part of required professional development offered by a local school49
system.50
(2)(A) Subject to appropriations, the State Board of Education is authorized to51
establish the Student Mental Health Screenings Grant Program. The purpose of such52
grant program shall be to provide funding and resources to allow local school systems53
to implement mental health screening programs in schools to identify students in the54
grades six through 12 who are at risk of depression and suicide.55
(B) Awards under the grant program shall be allocated to local school systems in a56
manner to be determined by the State Board of Education; provided, however, that the57
State Board of Education shall, to the greatest extent possible, approve applications58
from at least one local school system each in the northern, central, and southern59
regions of the state and shall seek a cross section of local school systems from urban,60
suburban, and rural areas of the state.61
(2)(b)(1) The Department of Education shall, in consultation with the Department of62
Behavioral Health and Developmental Disabilities, the Suicide Prevention Program63
established pursuant to Code Section 37-1-27, and depression and suicide prevention64
experts, develop and approve a list of approved training materials to fulfill the65 23 LC 49 1045
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requirements of this subsection which may include training materials currently being used66
by a local school system if such training materials meet any criteria established by the67
department.68
(3) Approved Such approved training materials shall include training on how to identify69
appropriate mental health services, both within the school and also within the larger70
community, and when and how to refer youth and their families to those services.71
(4) Approved materials and may include programs that can be completed through72
self-review of suitable depression and suicide awareness and prevention materials.73
(2) To assist local school systems in developing their own policies for student depression74
and suicide awareness and prevention as required in subsection (c) of this Code section,75
the Department of Education, in consultation with the Suicide Prevention Program within76
the Department of Behavioral Health and Developmental Disabilities, shall establish a77
model policy for use by local school systems in accordance with this Code section.78
(3)(A) To assist local school systems in selecting a research based screening tool to use79
as part of mental health screening programs, the Department of Education, in80
consultation with the Suicide Prevention Program within the Department of Behavioral81
Health and Developmental Disabilities, may develop a list of preapproved research82
based screening tools that are validated to screen depression and other mental health83
risks in adolescents.84
(B) No later than January 1, 2024, the Department of Education, in consultation with85
the Suicide Prevention Program within the Department of Behavioral Health and86
Developmental Disabilities, shall develop guidance and resources for local school87
systems to facilitate the establishment of partnerships with organizations or healthcare88
providers specializing in pediatric and adolescent mental health to conduct mental89
health screenings.90
(4)(A) As used in this paragraph, the term 'telehealth' means services provided by a91
healthcare provider through the use of information and communications technologies,92 23 LC 49 1045
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including, but not limited to, telephones, remote patient monitoring devices, and other93
electronic means, to facilitate the assessment, diagnosis, consultation, treatment,94
education, care management, and self-management of a student's healthcare when the95
healthcare provider is at a remote location and the student is at a school or is96
participating in any school related function.97
(B) The Department of Education, in consultation with the Suicide Prevention Program98
within the Department of Behavioral Health and Developmental Disabilities and99
appropriate stakeholders, including stakeholders with experience in telehealth, shall, on100
or before October 1, 2023, develop guidance for the use of telehealth in public schools101
to provide mental health and behavioral health services, including, but not limited to102
mental health screenings, to students at school or during any school related function.103
The guidance developed pursuant to this subparagraph shall include, but shall not be104
limited to, guidance on the following:105
(i) Qualifications of individuals authorized, within the scope of their practice, to106
assist students in accessing mental health and behavioral health services via telehealth107
while such student is at school or during any school related function;108
(ii) Qualifications of individuals authorized, within the scope of their practice, to109
provide mental health and behavioral health services to students via telehealth;110
(iii) The legal requirements for parental consent for the provision of mental health111
and behavioral health services to a minor via telehealth while such minor is at school112
or during any school related function;113
(iv) Measures necessary to protect the security of data transmitted during the114
provision of telehealth;115
(v) Measures necessary to protect the privacy of student data pursuant to Article 15116
of this chapter and the federal Family Educational Rights and Privacy Act117
(FERPA), 20 U.S.C. Section 1232g and medical records pursuant to the federal118
Health Insurance Portability and Accountability Act (HIPAA), P.L. 104-191; and119 23 LC 49 1045
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(vi) Potential liability for public schools and local school systems associated with the120
provision of telehealth to students.121
(c)(1)(5)(A) Each No later than December 31, 2023, each local school system shall122
adopt a policy on student depression and suicide awareness and prevention. Such policies123
shall be developed in consultation with school and community stakeholders, school124
employed mental health professionals, and suicide prevention experts, and shall, at a125
minimum, address procedures relating to depression awareness and intervention and126
suicide awareness, prevention, intervention, and postvention.127
(B) To assist local school systems in developing their own policies for student suicide128
prevention, the Department of Education, in consultation with the Suicide Prevention129
Program within the Department of Behavioral Health and Developmental Disabilities,130
shall establish a model policy for use by local school systems in accordance with this131
Code section.132
(2) A local school system seeking to participate and receive funding under the grant133
program provided for in paragraph (2) of subsection (a) shall submit an application to the134
State School Superintendent, in accordance with application procedures and requirements135
prescribed by the State Board of Education. An application submitted by a local school136
system shall include, at a minimum:137
(A) A description of the mental health screening program to be implemented by the138
local school system and an explanation of how the local school system will make an139
annual mental health screening available to each student in the grades six through 12;140
(B) Details concerning the research based screening tool that will be used by the local141
school system or whether the local school system will partner with an organization or142
healthcare provider specializing in pediatric and adolescent mental health to conduct143
the screenings;144
(C) A request and justification for the amount of grant funding sought by the local145
school system under the grant program;146 23 LC 49 1045
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(D) A description of how the grant funding will be used to further the purposes of the147
mental health screening program, including hiring additional personnel, purchasing148
materials, or contracting with outside entities;149
(E) A description of how the mental health screenings will be conducted in a manner150
that permits real-time evaluation of the screening results and same day intervention by151
a licensed mental health professional if required based on the results of the screening;152
(F) As applicable, the details of any partnership with an organization or provider153
specializing in pediatric and adolescent mental health services, which shall include, but154
not be limited to, the name of the organization or provider, the number of students to155
be served by the organization or provider, the expected time frame to screen the156
students, the costs associated with engaging in a partnership with the organization or157
provider, and the location where the screenings will take place. A local school system158
shall detail whether student health insurance information will be required under its159
agreement with a partner organization or provider, how it will obtain that information,160
and what accommodations will be made for uninsured or underinsured students and161
uninsured and underinsured minor students whose parents or guardians have consented162
to the depression screening;163
(G) A description of how the local school system will ensure that the parent or164
guardian of a student whose screening for depression detects an irregularity is notified165
of such irregularity and how it will advise the parent or guardian of the services166
available through a partner organization or provider or supply the parent or guardian167
with resources to assist in the acquisition of the services of a healthcare professional in168
order to obtain further evaluation and diagnosis; and169
(H) A description of how the local school system will obtain written informed consent170
from a minor student's parent or guardian prior to the screening;171
(3) A local school system that receives an award under the grant program provided for172
in paragraph (2) of subsection (a) of this Code section shall make available to each173 23 LC 49 1045
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student in the grades six through 12 an annual mental health screening which shall174
include screening for depression and suicide risk. Each such local school system or175
public school shall meet the following conditions when implementing its mental health176
screening program:177
(A) The local school system shall use a research based screening tool in its mental178
health screening program conducted by a licensed mental health professional or through179
a partnership with an organization or healthcare provider specializing in pediatric and180
adolescent mental health to conduct the screenings. Nothing in this subparagraph shall181
prohibit a local school system from using a self-administered screening tool as part of182
the depression screening program;183
(B) Mental health screenings shall be conducted in a manner that permits real-time184
evaluation of the screening results and same day intervention by a licensed mental185
health professional as indicated by the screening;186
(C) The local school system shall ensure that mental health screenings are conducted187
in a manner that accommodates students who are English language learners, students188
with disabilities, and students with low reading proficiency when conducting the189
screenings;190
(D) Mental health screenings shall be conducted in a manner that ensures the privacy191
of the student during the screening process and the confidentiality of the results,192
consistent with state and federal laws applicable to the confidentiality of student records193
and mental health records;194
(E) The local school system shall obtain written informed consent from the minor195
student's parent or guardian prior to such student's mental health screening; and196
(F) The local school system shall forward data collected from the mental health197
screenings to the Department of Education and to the Suicide Prevention Program198
within the Department of Behavioral Health and Developmental Disabilities in a form199
and manner to be determined by the Department of Education, provided that any data200 23 LC 49 1045
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forwarded shall be aggregated and shall not contain any identifying or confidential201
information with regard to any individual.202
(4) In the event that a local school system chooses to partner with an organization or203
healthcare provider specializing in pediatric and adolescent mental health to conduct the204
mental health screenings, the partner organization or provider may also provide mental205
health services as deemed necessary by the organization or provider and as consented to206
by a minor student's parent or guardian. A local school system partnering with an207
organization or healthcare provider specializing in pediatric and adolescent mental health208
may develop a form to obtain parental consent and student health insurance information209
as necessary to satisfy the provisions of any partnership agreement.210
(b)(d) No person shall have a cause of action for any loss or damage caused by any act or211
omission resulting from the implementation of the provisions of this Code section or212
resulting from any screening, training, or lack thereof, required by provided for in this213
Code section.214
(c)(e) The screenings and training, or lack thereof, required by the provisions of provided215
for in this Code section shall not be construed to impose any specific duty of care.216
(f) Nothing in this Code section shall be construed to affect a local school system's ability217
to provide additional or supplemental services to a student as required by, or as consistent218
with, any applicable provision of state or federal law."219
SECTION 3.220
All laws and parts of laws in conflict with this Act are repealed.221