Georgia 2025-2026 Regular Session

Georgia House Bill HB20 Compare Versions

Only one version of the bill is available at this time.
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11 25 LC 60 0032
22 House Bill 20
33 By: Representatives Scott of the 76
44 th
55 , Schofield of the 63
66 rd
77 , and Davis of the 87
88 th
99
1010 A BILL TO BE ENTITLED
1111 AN ACT
1212 To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
1313 1
1414 Annotated, relating to the health of students generally, so as to require the State Board of2
1515 Education to adopt rules requiring all certificated public school personnel to receive annual3
1616 training in depression and suicide awareness and prevention; to provide for the establishment4
1717 and purpose of the Student Mental Health Screenings Grant Program; to provide for the5
1818 allocation of grant awards under such program; to provide for grant application and grant6
1919 program requirements; to provide for the implementation of grant-funded mental health7
2020 screening programs by local school systems; to require the Department of Education to8
2121 develop a model policy for student depression and suicide awareness, develop and approve9
2222 training materials, assist local school systems in selecting research-based mental health10
2323 screening tools, develop guidance to assist local school systems in establishing certain11
2424 healthcare related partnerships to conduct mental health screenings, and develop guidance12
2525 on the use of telehealth to provide mental health and behavioral health services; to revise13
2626 requirements for local school systems to adopt certain policies; to provide for a definition;14
2727 to provide for legislative findings; to provide for construction; to provide for related matters;15
2828 to provide for a short title; to repeal conflicting laws; and for other purposes.16
2929 H. B. 20
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3131 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3232 17
3333 SECTION 1.18
3434 This Act shall be known and may be cited as the "Student Mental Health and Suicide19
3535 Prevention Act."20
3636 SECTION 2.21
3737 The General Assembly finds that:22
3838 (1) Depression is the most common mental health disorder among American teenagers and23
3939 adults. In 2021, over 5 million young people between the ages of 12 and 17 experienced24
4040 at least one major depressive episode in the prior year. Major depressive episodes are two25
4141 to three times more common in females than in males;26
4242 (2) Various biological, psychological, and environmental risk factors may contribute to27
4343 teenage depression, which can lead to substance and alcohol abuse, social isolation, poor28
4444 academic and workplace performance, unnecessary risk taking, early pregnancy, and29
4545 suicide, which is the third leading cause of death among teenagers. Approximately 2030
4646 percent of teenagers with depression seriously consider suicide and one in 12 attempt31
4747 suicide. Untreated teenage depression can also result in adverse consequences into and32
4848 throughout adulthood;33
4949 (3) Most teenagers who experience depression suffer from more than one episode. It is34
5050 estimated that although teenage depression is highly treatable through combinations of35
5151 therapy, individual and group counseling, and certain medications, fewer than one-third of36
5252 teenagers experiencing depression seek help or treatment; and37
5353 (4) The proper detection and diagnosis of depression is key in reducing the risk of teenage38
5454 suicide and improving physical and mental health outcomes for young people. It is39
5555 therefore fitting and appropriate to establish school based depression screenings to help40
5656 identify the symptoms of depression and facilitate access to appropriate treatment.41
5757 H. B. 20
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5959 SECTION 3.
6060 42
6161 Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,43
6262 relating to the health of students generally, is amended by revising Code Section 20-2-779.1,44
6363 relating to suicide prevention and awareness training and no duty of care imposed, as45
6464 follows:46
6565 "20-2-779.1.47
6666 (a)(1) The Department
6767 State Board of Education shall adopt rules to require that all48
6868 certificated public school personnel receive annual training in depression and suicide49
6969 awareness and prevention. This training shall be provided within the framework of50
7070 existing in-service training programs offered and materials approved by the Department51
7171 of Education or as part of required professional development offered by a local school52
7272 system.53
7373 (2)(A) Subject to appropriations, the State Board of Education is authorized to54
7474 establish the Student Mental Health Screenings Grant Program. The purpose of such55
7575 grant program shall be to provide funding and resources to allow local school systems56
7676 to implement mental health screening programs in schools to identify students in grades57
7777 six through 12 who are at risk of depression and suicide.58
7878 (B) Awards under the grant program shall be allocated to local school systems in a59
7979 manner to be determined by the State Board of Education; provided, however, that the60
8080 State Board of Education shall, to the greatest extent possible, approve applications61
8181 from at least one local school system each in the northern, central, and southern regions62
8282 of the state and shall seek a cross section of local school systems from urban, suburban,63
8383 and rural areas of the state.64
8484 (2)(b)(1) The Department of Education shall, in consultation with the Department of65
8585 Behavioral Health and Developmental Disabilities, the Suicide Prevention Program66
8686 established pursuant to Code Section 37-1-27, and depression and suicide prevention67
8787 experts, develop and approve a list of approved training materials to fulfill the68
8888 H. B. 20
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9090 requirements of this subsection which may include training materials currently being used69
9191 by a local school system, if such training materials meet any criteria established by the70
9292 Department of Education.71
9393 (3) Approved Such approved training materials shall include training on how to identify72
9494 appropriate mental health services, both within the school and also within the larger73
9595 community, and when and how to refer youth and their families to those services., and74
9696 (4) Approved materials may include programs that can be completed through self-review75
9797 of suitable depression and suicide awareness and prevention materials.76
9898 (2) To assist local school systems in developing their own policies for student depression77
9999 and suicide awareness and prevention, as required in subsection (c) of this Code section,78
100100 the Department of Education, in consultation with the Suicide Prevention Program within79
101101 the Department of Behavioral Health and Developmental Disabilities, shall establish a80
102102 model policy for use by local school systems in accordance with this Code section.81
103103 (3)(A) To assist local school systems in selecting a research-based screening tool to use82
104104 as part of mental health screening programs, the Department of Education, in83
105105 consultation with the Suicide Prevention Program within the Department of Behavioral84
106106 Health and Developmental Disabilities, may develop a list of preapproved85
107107 research-based screening tools that are validated to screen depression and other mental86
108108 health risks in adolescents.87
109109 (B) No later than January 1, 2026, the Department of Education, in consultation with88
110110 the Suicide Prevention Program within the Department of Behavioral Health and89
111111 Developmental Disabilities, shall develop guidance and resources for local school90
112112 systems to facilitate the establishment of partnerships with organizations or healthcare91
113113 providers specializing in pediatric and adolescent mental health to conduct mental92
114114 health screenings.93
115115 (4)(A) As used in this paragraph, the term 'telehealth' means the use of information and94
116116 communications technologies, including, but not limited to, telephones, remote patient95
117117 H. B. 20
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119119 monitoring devices, and other electronic means, by a healthcare provider to facilitate96
120120 the delivery of long-distance healthcare services, including, but not limited to, patient97
121121 consultation, evaluation, diagnosis, treatment, education, and care management.98
122122 (B) The Department of Education, in consultation with the Suicide Prevention Program99
123123 within the Department of Behavioral Health and Developmental Disabilities and100
124124 appropriate stakeholders, including stakeholders with experience in, shall, on or before101
125125 October 1, 2025, develop guidance for the use of telehealth in public schools to provide102
126126 mental health and behavioral health services to students, including, but not limited to,103
127127 student mental health screenings at school or during any school related function. 104
128128 Guidance developed pursuant to this subparagraph shall include, but shall not be limited105
129129 to, the following:106
130130 (i) Qualifications of individuals authorized, within the scope of their practice, to107
131131 assist students in accessing mental health and behavioral health services via telehealth108
132132 while such student is at school or during any school related function;109
133133 (ii) Qualifications of individuals authorized, within the scope of their practice, to110
134134 provide mental health and behavioral health services to students via telehealth;111
135135 (iii) The legal requirements for parental consent for the provision of mental health112
136136 and behavioral health services to a minor via telehealth while such minor is at school113
137137 or during any school related function;114
138138 (iv) Measures necessary to protect the security of data transmitted during the115
139139 provision of telehealth to students;116
140140 (v) Measures necessary to protect the privacy of student data pursuant to Article 15117
141141 of this chapter and the federal Family Educational Rights and Privacy Act118
142142 (FERPA), 20 U.S.C. Section 1232g, and medical records pursuant to the federal119
143143 Health Insurance Portability and Accountability Act (HIPAA), P.L. 104-191; and120
144144 (vi) Potential liability for public schools and local school systems associated with the121
145145 provision of telehealth to students.122
146146 H. B. 20
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148148 (5)(A)(c)(1) No later than December 31, 2025, each Each local school system shall adopt123
149149 a policy on student depression and suicide awareness and prevention. Such policies shall124
150150 be developed in consultation with school and community stakeholders, school-employed125
151151 mental health professionals, and suicide prevention experts, and shall, at a minimum,126
152152 address procedures relating to depression awareness and intervention and suicide127
153153 awareness, prevention, intervention, and postvention.128
154154 (B) To assist local school systems in developing their own policies for student suicide129
155155 prevention, the Department of Education, in consultation with the Suicide Prevention130
156156 Program within the Department of Behavioral Health and Developmental Disabilities,131
157157 shall establish a model policy for use by local school systems in accordance with this132
158158 Code section.133
159159 (2) A local school system seeking to participate and receive funding under the grant134
160160 program provided for in paragraph (2) of subsection (a) of this Code section shall submit135
161161 an application to the State School Superintendent, in accordance with application136
162162 procedures and requirements prescribed by the State Board of Education. An application137
163163 submitted by a local school system shall include, at a minimum:138
164164 (A) A description of the mental health screening program to be implemented by the139
165165 local school system and an explanation of how the local school system will make140
166166 annual mental health screenings available to each student in grades six through 12;141
167167 (B) Details concerning the research based screening tool that will be used by the local142
168168 school system or whether the local school system will partner with an organization or143
169169 healthcare provider specializing in pediatric and adolescent mental health to conduct144
170170 the screenings;145
171171 (C) A request and justification for the amount of grant funding sought by the local146
172172 school system under the grant program;147
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175175 (D) A description of how the grant funding will be used to further the purposes of the148
176176 mental health screening program, including, but not limited to, hiring additional149
177177 personnel, purchasing materials, or contracting with outside entities;150
178178 (E) A description of how the mental health screenings will be conducted in a manner151
179179 that permits real-time evaluation of the screening results and same-day intervention by152
180180 a licensed mental health professional, if required based on the results of the screening;153
181181 (F) As applicable, the details of any partnership with an organization or provider154
182182 specializing in pediatric and adolescent mental health services, which shall include, but155
183183 shall not be limited to, the name of the organization or provider, the number of students156
184184 to be served by the organization or provider, the expected time frame to screen the157
185185 students, the costs associated with engaging in a partnership with the organization or158
186186 provider, and the location where the screenings will take place. A local school system159
187187 shall detail whether student health insurance information will be required under its160
188188 agreement with a partner organization or provider, how it will obtain that information,161
189189 and what accommodations will be made for uninsured or underinsured students and162
190190 uninsured and underinsured minor students whose parents or guardians have consented163
191191 to the screening;164
192192 (G) A description of how the local school system will ensure that the parent or165
193193 guardian of a student whose screening detects an irregularity is notified of such166
194194 irregularity and how the local school system will advise the parent or guardian of the167
195195 services available through a partner organization or provider or supply the parent or168
196196 guardian with resources to assist in acquiring further evaluation and diagnosis of the169
197197 student by a healthcare professional; and170
198198 (H) A description of how the local school system will obtain written informed consent171
199199 from a minor student's parent or guardian prior to the screening.172
200200 (3) A local school system that receives an award under the grant program provided for173
201201 in paragraph (2) of subsection (a) of this Code section shall make available to each174
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204204 student in grades six through 12 an annual mental health screening which shall include175
205205 screening for depression and suicide risk. Each such local school system or public school176
206206 shall meet the following conditions when implementing its mental health screening177
207207 program:178
208208 (A) The local school system shall use a research based screening tool in its mental179
209209 health screening program conducted by a licensed mental health professional or through180
210210 a partnership with an organization or healthcare provider specializing in pediatric and181
211211 adolescent mental health to conduct the screenings. Nothing in this subparagraph shall182
212212 prohibit a local school system from using a self-administered screening tool as part of183
213213 the depression screening program;184
214214 (B) Mental health screenings shall be conducted in a manner that permits real-time185
215215 evaluation of the screening results and same day intervention by a licensed mental186
216216 health professional as indicated by the screening;187
217217 (C) The local school system shall ensure that mental health screenings are conducted188
218218 in a manner that accommodates students who are English language learners, students189
219219 with disabilities, and students with low reading proficiency when conducting the190
220220 screenings;191
221221 (D) Mental health screenings shall be conducted in a manner that ensures the privacy192
222222 of the student during the screening process and the confidentiality of the results,193
223223 consistent with state and federal laws applicable to the confidentiality of student records194
224224 and mental health records;195
225225 (E) The local school system shall obtain written informed consent from the minor196
226226 student's parent or guardian prior to such student's mental health screening; and197
227227 (F) The local school system shall forward data collected from the mental health198
228228 screenings to the Department of Education and to the Suicide Prevention Program199
229229 within the Department of Behavioral Health and Developmental Disabilities in a form200
230230 and manner to be determined by the Department of Education, provided that any data201
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233233 forwarded shall be aggregated and shall not contain any identifying or confidential202
234234 information with regard to any individual.203
235235 (4) In the event that a local school system chooses to partner with an organization or204
236236 healthcare provider specializing in pediatric and adolescent mental health to conduct the205
237237 mental health screenings, the partner organization or provider may also provide mental206
238238 health services as deemed necessary by the organization or provider and as consented to207
239239 by a minor student's parent or guardian. A local school system partnering with an208
240240 organization or healthcare provider specializing in pediatric and adolescent mental health209
241241 may develop a form to obtain parental consent and student health insurance information210
242242 as necessary to satisfy the provisions of any partnership agreement.211
243243 (b)(d) No person shall have a cause of action for any loss or damage caused by any act or212
244244 omission resulting from the implementation of the provisions of this Code section or213
245245 arising from any advice, screening, facilitation of screening, or training, or lack thereof,214
246246 required by provided pursuant to this Code section.215
247247 (c)(e) Any advice, screenings, facilitation of screenings, and The training, or lack thereof,216
248248 required by the provisions of provided for in this Code section shall not be construed to217
249249 impose any specific duty of care.218
250250 (f) Nothing in this Code section shall be construed to affect a local school system's ability219
251251 to provide additional or supplemental services to a student as required by, or as consistent220
252252 with, any applicable provision of state or federal law."221
253253 SECTION 4.222
254254 All laws and parts of laws in conflict with this Act are repealed.223
255255 H. B. 20
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