1 | 1 | | 25 LC 60 0032 |
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2 | 2 | | House Bill 20 |
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3 | 3 | | By: Representatives Scott of the 76 |
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4 | 4 | | th |
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5 | 5 | | , Schofield of the 63 |
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6 | 6 | | rd |
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7 | 7 | | , and Davis of the 87 |
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8 | 8 | | th |
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9 | 9 | | |
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10 | 10 | | A BILL TO BE ENTITLED |
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11 | 11 | | AN ACT |
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12 | 12 | | To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia |
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13 | 13 | | 1 |
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14 | 14 | | Annotated, relating to the health of students generally, so as to require the State Board of2 |
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15 | 15 | | Education to adopt rules requiring all certificated public school personnel to receive annual3 |
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16 | 16 | | training in depression and suicide awareness and prevention; to provide for the establishment4 |
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17 | 17 | | and purpose of the Student Mental Health Screenings Grant Program; to provide for the5 |
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18 | 18 | | allocation of grant awards under such program; to provide for grant application and grant6 |
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19 | 19 | | program requirements; to provide for the implementation of grant-funded mental health7 |
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20 | 20 | | screening programs by local school systems; to require the Department of Education to8 |
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21 | 21 | | develop a model policy for student depression and suicide awareness, develop and approve9 |
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22 | 22 | | training materials, assist local school systems in selecting research-based mental health10 |
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23 | 23 | | screening tools, develop guidance to assist local school systems in establishing certain11 |
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24 | 24 | | healthcare related partnerships to conduct mental health screenings, and develop guidance12 |
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25 | 25 | | on the use of telehealth to provide mental health and behavioral health services; to revise13 |
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26 | 26 | | requirements for local school systems to adopt certain policies; to provide for a definition;14 |
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27 | 27 | | to provide for legislative findings; to provide for construction; to provide for related matters;15 |
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28 | 28 | | to provide for a short title; to repeal conflicting laws; and for other purposes.16 |
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29 | 29 | | H. B. 20 |
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30 | 30 | | - 1 - 25 LC 60 0032 |
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31 | 31 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: |
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32 | 32 | | 17 |
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33 | 33 | | SECTION 1.18 |
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34 | 34 | | This Act shall be known and may be cited as the "Student Mental Health and Suicide19 |
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35 | 35 | | Prevention Act."20 |
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36 | 36 | | SECTION 2.21 |
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37 | 37 | | The General Assembly finds that:22 |
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38 | 38 | | (1) Depression is the most common mental health disorder among American teenagers and23 |
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39 | 39 | | adults. In 2021, over 5 million young people between the ages of 12 and 17 experienced24 |
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40 | 40 | | at least one major depressive episode in the prior year. Major depressive episodes are two25 |
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41 | 41 | | to three times more common in females than in males;26 |
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42 | 42 | | (2) Various biological, psychological, and environmental risk factors may contribute to27 |
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43 | 43 | | teenage depression, which can lead to substance and alcohol abuse, social isolation, poor28 |
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44 | 44 | | academic and workplace performance, unnecessary risk taking, early pregnancy, and29 |
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45 | 45 | | suicide, which is the third leading cause of death among teenagers. Approximately 2030 |
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46 | 46 | | percent of teenagers with depression seriously consider suicide and one in 12 attempt31 |
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47 | 47 | | suicide. Untreated teenage depression can also result in adverse consequences into and32 |
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48 | 48 | | throughout adulthood;33 |
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49 | 49 | | (3) Most teenagers who experience depression suffer from more than one episode. It is34 |
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50 | 50 | | estimated that although teenage depression is highly treatable through combinations of35 |
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51 | 51 | | therapy, individual and group counseling, and certain medications, fewer than one-third of36 |
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52 | 52 | | teenagers experiencing depression seek help or treatment; and37 |
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53 | 53 | | (4) The proper detection and diagnosis of depression is key in reducing the risk of teenage38 |
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54 | 54 | | suicide and improving physical and mental health outcomes for young people. It is39 |
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55 | 55 | | therefore fitting and appropriate to establish school based depression screenings to help40 |
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56 | 56 | | identify the symptoms of depression and facilitate access to appropriate treatment.41 |
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57 | 57 | | H. B. 20 |
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58 | 58 | | - 2 - 25 LC 60 0032 |
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59 | 59 | | SECTION 3. |
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60 | 60 | | 42 |
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61 | 61 | | Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,43 |
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62 | 62 | | relating to the health of students generally, is amended by revising Code Section 20-2-779.1,44 |
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63 | 63 | | relating to suicide prevention and awareness training and no duty of care imposed, as45 |
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64 | 64 | | follows:46 |
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65 | 65 | | "20-2-779.1.47 |
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66 | 66 | | (a)(1) The Department |
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67 | 67 | | State Board of Education shall adopt rules to require that all48 |
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68 | 68 | | certificated public school personnel receive annual training in depression and suicide49 |
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69 | 69 | | awareness and prevention. This training shall be provided within the framework of50 |
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70 | 70 | | existing in-service training programs offered and materials approved by the Department51 |
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71 | 71 | | of Education or as part of required professional development offered by a local school52 |
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72 | 72 | | system.53 |
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73 | 73 | | (2)(A) Subject to appropriations, the State Board of Education is authorized to54 |
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74 | 74 | | establish the Student Mental Health Screenings Grant Program. The purpose of such55 |
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75 | 75 | | grant program shall be to provide funding and resources to allow local school systems56 |
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76 | 76 | | to implement mental health screening programs in schools to identify students in grades57 |
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77 | 77 | | six through 12 who are at risk of depression and suicide.58 |
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78 | 78 | | (B) Awards under the grant program shall be allocated to local school systems in a59 |
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79 | 79 | | manner to be determined by the State Board of Education; provided, however, that the60 |
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80 | 80 | | State Board of Education shall, to the greatest extent possible, approve applications61 |
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81 | 81 | | from at least one local school system each in the northern, central, and southern regions62 |
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82 | 82 | | of the state and shall seek a cross section of local school systems from urban, suburban,63 |
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83 | 83 | | and rural areas of the state.64 |
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84 | 84 | | (2)(b)(1) The Department of Education shall, in consultation with the Department of65 |
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85 | 85 | | Behavioral Health and Developmental Disabilities, the Suicide Prevention Program66 |
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86 | 86 | | established pursuant to Code Section 37-1-27, and depression and suicide prevention67 |
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87 | 87 | | experts, develop and approve a list of approved training materials to fulfill the68 |
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88 | 88 | | H. B. 20 |
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89 | 89 | | - 3 - 25 LC 60 0032 |
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90 | 90 | | requirements of this subsection which may include training materials currently being used69 |
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91 | 91 | | by a local school system, if such training materials meet any criteria established by the70 |
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92 | 92 | | Department of Education.71 |
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93 | 93 | | (3) Approved Such approved training materials shall include training on how to identify72 |
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94 | 94 | | appropriate mental health services, both within the school and also within the larger73 |
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95 | 95 | | community, and when and how to refer youth and their families to those services., and74 |
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96 | 96 | | (4) Approved materials may include programs that can be completed through self-review75 |
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97 | 97 | | of suitable depression and suicide awareness and prevention materials.76 |
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98 | 98 | | (2) To assist local school systems in developing their own policies for student depression77 |
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99 | 99 | | and suicide awareness and prevention, as required in subsection (c) of this Code section,78 |
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100 | 100 | | the Department of Education, in consultation with the Suicide Prevention Program within79 |
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101 | 101 | | the Department of Behavioral Health and Developmental Disabilities, shall establish a80 |
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102 | 102 | | model policy for use by local school systems in accordance with this Code section.81 |
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103 | 103 | | (3)(A) To assist local school systems in selecting a research-based screening tool to use82 |
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104 | 104 | | as part of mental health screening programs, the Department of Education, in83 |
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105 | 105 | | consultation with the Suicide Prevention Program within the Department of Behavioral84 |
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106 | 106 | | Health and Developmental Disabilities, may develop a list of preapproved85 |
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107 | 107 | | research-based screening tools that are validated to screen depression and other mental86 |
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108 | 108 | | health risks in adolescents.87 |
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109 | 109 | | (B) No later than January 1, 2026, the Department of Education, in consultation with88 |
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110 | 110 | | the Suicide Prevention Program within the Department of Behavioral Health and89 |
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111 | 111 | | Developmental Disabilities, shall develop guidance and resources for local school90 |
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112 | 112 | | systems to facilitate the establishment of partnerships with organizations or healthcare91 |
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113 | 113 | | providers specializing in pediatric and adolescent mental health to conduct mental92 |
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114 | 114 | | health screenings.93 |
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115 | 115 | | (4)(A) As used in this paragraph, the term 'telehealth' means the use of information and94 |
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116 | 116 | | communications technologies, including, but not limited to, telephones, remote patient95 |
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117 | 117 | | H. B. 20 |
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118 | 118 | | - 4 - 25 LC 60 0032 |
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119 | 119 | | monitoring devices, and other electronic means, by a healthcare provider to facilitate96 |
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120 | 120 | | the delivery of long-distance healthcare services, including, but not limited to, patient97 |
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121 | 121 | | consultation, evaluation, diagnosis, treatment, education, and care management.98 |
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122 | 122 | | (B) The Department of Education, in consultation with the Suicide Prevention Program99 |
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123 | 123 | | within the Department of Behavioral Health and Developmental Disabilities and100 |
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124 | 124 | | appropriate stakeholders, including stakeholders with experience in, shall, on or before101 |
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125 | 125 | | October 1, 2025, develop guidance for the use of telehealth in public schools to provide102 |
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126 | 126 | | mental health and behavioral health services to students, including, but not limited to,103 |
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127 | 127 | | student mental health screenings at school or during any school related function. 104 |
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128 | 128 | | Guidance developed pursuant to this subparagraph shall include, but shall not be limited105 |
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129 | 129 | | to, the following:106 |
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130 | 130 | | (i) Qualifications of individuals authorized, within the scope of their practice, to107 |
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131 | 131 | | assist students in accessing mental health and behavioral health services via telehealth108 |
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132 | 132 | | while such student is at school or during any school related function;109 |
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133 | 133 | | (ii) Qualifications of individuals authorized, within the scope of their practice, to110 |
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134 | 134 | | provide mental health and behavioral health services to students via telehealth;111 |
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135 | 135 | | (iii) The legal requirements for parental consent for the provision of mental health112 |
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136 | 136 | | and behavioral health services to a minor via telehealth while such minor is at school113 |
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137 | 137 | | or during any school related function;114 |
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138 | 138 | | (iv) Measures necessary to protect the security of data transmitted during the115 |
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139 | 139 | | provision of telehealth to students;116 |
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140 | 140 | | (v) Measures necessary to protect the privacy of student data pursuant to Article 15117 |
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141 | 141 | | of this chapter and the federal Family Educational Rights and Privacy Act118 |
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142 | 142 | | (FERPA), 20 U.S.C. Section 1232g, and medical records pursuant to the federal119 |
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143 | 143 | | Health Insurance Portability and Accountability Act (HIPAA), P.L. 104-191; and120 |
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144 | 144 | | (vi) Potential liability for public schools and local school systems associated with the121 |
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145 | 145 | | provision of telehealth to students.122 |
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146 | 146 | | H. B. 20 |
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147 | 147 | | - 5 - 25 LC 60 0032 |
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148 | 148 | | (5)(A)(c)(1) No later than December 31, 2025, each Each local school system shall adopt123 |
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149 | 149 | | a policy on student depression and suicide awareness and prevention. Such policies shall124 |
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150 | 150 | | be developed in consultation with school and community stakeholders, school-employed125 |
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151 | 151 | | mental health professionals, and suicide prevention experts, and shall, at a minimum,126 |
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152 | 152 | | address procedures relating to depression awareness and intervention and suicide127 |
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153 | 153 | | awareness, prevention, intervention, and postvention.128 |
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154 | 154 | | (B) To assist local school systems in developing their own policies for student suicide129 |
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155 | 155 | | prevention, the Department of Education, in consultation with the Suicide Prevention130 |
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156 | 156 | | Program within the Department of Behavioral Health and Developmental Disabilities,131 |
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157 | 157 | | shall establish a model policy for use by local school systems in accordance with this132 |
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158 | 158 | | Code section.133 |
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159 | 159 | | (2) A local school system seeking to participate and receive funding under the grant134 |
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160 | 160 | | program provided for in paragraph (2) of subsection (a) of this Code section shall submit135 |
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161 | 161 | | an application to the State School Superintendent, in accordance with application136 |
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162 | 162 | | procedures and requirements prescribed by the State Board of Education. An application137 |
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163 | 163 | | submitted by a local school system shall include, at a minimum:138 |
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164 | 164 | | (A) A description of the mental health screening program to be implemented by the139 |
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165 | 165 | | local school system and an explanation of how the local school system will make140 |
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166 | 166 | | annual mental health screenings available to each student in grades six through 12;141 |
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167 | 167 | | (B) Details concerning the research based screening tool that will be used by the local142 |
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168 | 168 | | school system or whether the local school system will partner with an organization or143 |
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169 | 169 | | healthcare provider specializing in pediatric and adolescent mental health to conduct144 |
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170 | 170 | | the screenings;145 |
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171 | 171 | | (C) A request and justification for the amount of grant funding sought by the local146 |
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172 | 172 | | school system under the grant program;147 |
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173 | 173 | | H. B. 20 |
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174 | 174 | | - 6 - 25 LC 60 0032 |
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175 | 175 | | (D) A description of how the grant funding will be used to further the purposes of the148 |
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176 | 176 | | mental health screening program, including, but not limited to, hiring additional149 |
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177 | 177 | | personnel, purchasing materials, or contracting with outside entities;150 |
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178 | 178 | | (E) A description of how the mental health screenings will be conducted in a manner151 |
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179 | 179 | | that permits real-time evaluation of the screening results and same-day intervention by152 |
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180 | 180 | | a licensed mental health professional, if required based on the results of the screening;153 |
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181 | 181 | | (F) As applicable, the details of any partnership with an organization or provider154 |
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182 | 182 | | specializing in pediatric and adolescent mental health services, which shall include, but155 |
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183 | 183 | | shall not be limited to, the name of the organization or provider, the number of students156 |
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184 | 184 | | to be served by the organization or provider, the expected time frame to screen the157 |
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185 | 185 | | students, the costs associated with engaging in a partnership with the organization or158 |
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186 | 186 | | provider, and the location where the screenings will take place. A local school system159 |
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187 | 187 | | shall detail whether student health insurance information will be required under its160 |
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188 | 188 | | agreement with a partner organization or provider, how it will obtain that information,161 |
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189 | 189 | | and what accommodations will be made for uninsured or underinsured students and162 |
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190 | 190 | | uninsured and underinsured minor students whose parents or guardians have consented163 |
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191 | 191 | | to the screening;164 |
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192 | 192 | | (G) A description of how the local school system will ensure that the parent or165 |
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193 | 193 | | guardian of a student whose screening detects an irregularity is notified of such166 |
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194 | 194 | | irregularity and how the local school system will advise the parent or guardian of the167 |
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195 | 195 | | services available through a partner organization or provider or supply the parent or168 |
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196 | 196 | | guardian with resources to assist in acquiring further evaluation and diagnosis of the169 |
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197 | 197 | | student by a healthcare professional; and170 |
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198 | 198 | | (H) A description of how the local school system will obtain written informed consent171 |
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199 | 199 | | from a minor student's parent or guardian prior to the screening.172 |
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200 | 200 | | (3) A local school system that receives an award under the grant program provided for173 |
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201 | 201 | | in paragraph (2) of subsection (a) of this Code section shall make available to each174 |
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202 | 202 | | H. B. 20 |
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203 | 203 | | - 7 - 25 LC 60 0032 |
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204 | 204 | | student in grades six through 12 an annual mental health screening which shall include175 |
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205 | 205 | | screening for depression and suicide risk. Each such local school system or public school176 |
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206 | 206 | | shall meet the following conditions when implementing its mental health screening177 |
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207 | 207 | | program:178 |
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208 | 208 | | (A) The local school system shall use a research based screening tool in its mental179 |
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209 | 209 | | health screening program conducted by a licensed mental health professional or through180 |
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210 | 210 | | a partnership with an organization or healthcare provider specializing in pediatric and181 |
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211 | 211 | | adolescent mental health to conduct the screenings. Nothing in this subparagraph shall182 |
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212 | 212 | | prohibit a local school system from using a self-administered screening tool as part of183 |
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213 | 213 | | the depression screening program;184 |
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214 | 214 | | (B) Mental health screenings shall be conducted in a manner that permits real-time185 |
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215 | 215 | | evaluation of the screening results and same day intervention by a licensed mental186 |
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216 | 216 | | health professional as indicated by the screening;187 |
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217 | 217 | | (C) The local school system shall ensure that mental health screenings are conducted188 |
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218 | 218 | | in a manner that accommodates students who are English language learners, students189 |
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219 | 219 | | with disabilities, and students with low reading proficiency when conducting the190 |
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220 | 220 | | screenings;191 |
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221 | 221 | | (D) Mental health screenings shall be conducted in a manner that ensures the privacy192 |
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222 | 222 | | of the student during the screening process and the confidentiality of the results,193 |
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223 | 223 | | consistent with state and federal laws applicable to the confidentiality of student records194 |
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224 | 224 | | and mental health records;195 |
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225 | 225 | | (E) The local school system shall obtain written informed consent from the minor196 |
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226 | 226 | | student's parent or guardian prior to such student's mental health screening; and197 |
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227 | 227 | | (F) The local school system shall forward data collected from the mental health198 |
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228 | 228 | | screenings to the Department of Education and to the Suicide Prevention Program199 |
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229 | 229 | | within the Department of Behavioral Health and Developmental Disabilities in a form200 |
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230 | 230 | | and manner to be determined by the Department of Education, provided that any data201 |
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231 | 231 | | H. B. 20 |
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232 | 232 | | - 8 - 25 LC 60 0032 |
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233 | 233 | | forwarded shall be aggregated and shall not contain any identifying or confidential202 |
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234 | 234 | | information with regard to any individual.203 |
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235 | 235 | | (4) In the event that a local school system chooses to partner with an organization or204 |
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236 | 236 | | healthcare provider specializing in pediatric and adolescent mental health to conduct the205 |
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237 | 237 | | mental health screenings, the partner organization or provider may also provide mental206 |
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238 | 238 | | health services as deemed necessary by the organization or provider and as consented to207 |
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239 | 239 | | by a minor student's parent or guardian. A local school system partnering with an208 |
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240 | 240 | | organization or healthcare provider specializing in pediatric and adolescent mental health209 |
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241 | 241 | | may develop a form to obtain parental consent and student health insurance information210 |
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242 | 242 | | as necessary to satisfy the provisions of any partnership agreement.211 |
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243 | 243 | | (b)(d) No person shall have a cause of action for any loss or damage caused by any act or212 |
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244 | 244 | | omission resulting from the implementation of the provisions of this Code section or213 |
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245 | 245 | | arising from any advice, screening, facilitation of screening, or training, or lack thereof,214 |
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246 | 246 | | required by provided pursuant to this Code section.215 |
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247 | 247 | | (c)(e) Any advice, screenings, facilitation of screenings, and The training, or lack thereof,216 |
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248 | 248 | | required by the provisions of provided for in this Code section shall not be construed to217 |
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249 | 249 | | impose any specific duty of care.218 |
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250 | 250 | | (f) Nothing in this Code section shall be construed to affect a local school system's ability219 |
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251 | 251 | | to provide additional or supplemental services to a student as required by, or as consistent220 |
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252 | 252 | | with, any applicable provision of state or federal law."221 |
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253 | 253 | | SECTION 4.222 |
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254 | 254 | | All laws and parts of laws in conflict with this Act are repealed.223 |
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255 | 255 | | H. B. 20 |
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256 | 256 | | - 9 - |
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