Indiana 2023 Regular Session

Indiana Senate Bill SB0197 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 197
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-33-2; IC 20-34-3-27; IC 21-7-13;
7	7	IC 21-18-18; IC 21-48-1.
8	8	Synopsis: Student health. Requires the governing body of a school
9	9	corporation or chief administrative officer of a nonpublic school system
10	10	to authorize the absence and excuse of a student due to the student's
11	11	mental or behavioral health concerns. Limits the number of excused
12	12	absences for mental or behavioral health concerns, without
13	13	documentation, to three instructional days in a school year. Allows a
14	14	student to be excused for more than three instructional days if the
15	15	student provides certain documentation. Requires that a school selected
16	16	to participate in the United States Centers for Disease Control and
17	17	Prevention's Youth Risk Behaviors Survey or a successor survey
18	18	participate in the survey. Provides that the commission for higher
19	19	education shall, before January 1, 2024, work with the statewide
20	20	suicide prevention coordinator to develop a suicide prevention training
21	21	for students at each state educational institution (institution). Requires
22	22	each student at an institution, after July 1, 2024, to participate in the
23	23	training in the student's first year at the institution. Requires each
24	24	institution to collect and report certain information concerning suicide
25	25	prevention to the statewide suicide prevention coordinator. Establishes
26	26	a mental health and suicide prevention in higher education task force
27	27	(task force). Provides that the task force shall create a statewide suicide
28	28	prevention resource guide for institutions. Makes conforming changes.
29	29	Effective: July 1, 2023.
30	30	Ford J.D.
31	31	January 10, 2023, read first time and referred to Committee on Education and Career
32	32	Development.
33	33	2023 IN 197—LS 6343/DI 147 Introduced
34	34	First Regular Session of the 123rd General Assembly (2023)
35	35	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
36	36	Constitution) is being amended, the text of the existing provision will appear in this style type,
37	37	additions will appear in this style type, and deletions will appear in this style type.
38	38	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
39	39	provision adopted), the text of the new provision will appear in this style type. Also, the
40	40	word NEW will appear in that style type in the introductory clause of each SECTION that adds
41	41	a new provision to the Indiana Code or the Indiana Constitution.
42	42	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
43	43	between statutes enacted by the 2022 Regular Session of the General Assembly.
44	44	SENATE BILL No. 197
45	45	A BILL FOR AN ACT to amend the Indiana Code concerning
46	46	education.
47	47	Be it enacted by the General Assembly of the State of Indiana:
48	48	1 SECTION 1. IC 20-33-2-14, AS AMENDED BY P.L.90-2011,
49	49	2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
50	50	3 JULY 1, 2023]: Sec. 14. (a) This section and sections 15 through 17.5
51	51	4 17.9 of this chapter apply to a student who attends either a public
52	52	5 school or a nonpublic school.
53	53	6 (b) The governing body of each school corporation shall have a
54	54	7 policy outlining the conditions for excused and unexcused absences.
55	55	8 The policy must include the grounds for excused absences required by
56	56	9 sections 15 through 17.5 17.9 of this chapter or another law. Any
57	57	10 absence that results in a person not attending at least one hundred
58	58	11 eighty (180) days in a school year must be in accordance with the
59	59	12 governing body's policy to qualify as an excused absence.
60	60	13 (c) Service as a page for or as an honoree of the general assembly
61	61	14 is a lawful excuse for a student to be absent from school, when verified
62	62	15 by a certificate of the secretary of the senate or the chief clerk of the
63	63	16 house of representatives. A student excused from school attendance
64	64	17 under this section may not be recorded as being absent on any date for
65	65	2023 IN 197—LS 6343/DI 147 2
66	66	1 which the excuse is operative and may not be penalized by the school
67	67	2 in any manner.
68	68	3 SECTION 2. IC 20-33-2-17.9 IS ADDED TO THE INDIANA
69	69	4 CODE AS A NEW SECTION TO READ AS FOLLOWS
70	70	5 [EFFECTIVE JULY 1, 2023]: Sec. 17.9. (a) The governing body of
71	71	6 a school corporation or the chief administrative officer of a
72	72	7 nonpublic school system shall authorize the absence and excuse of
73	73	8 a school student if the absence is caused by the student's mental or
74	74	9 behavioral health concerns.
75	75	10 (b) Except as provided in subsection (c), the number of excused
76	76	11 absences a student may receive under this section may not exceed
77	77	12 three (3) instructional days in a school year.
78	78	13 (c) A student may be excused for more than three (3)
79	79	14 instructional days in a school year if the student provides to school
80	80	15 authorities documentation from a physician, psychologist, or
81	81	16 psychiatrist verifying the need for the student's absence.
82	82	17 (d) A student excused from school attendance under this section
83	83	18 may not be:
84	84	19 (1) recorded as being absent on any date for which the excuse
85	85	20 is operative; or
86	86	21 (2) penalized by the school in any manner.
87	87	22 SECTION 3. IC 20-34-3-27 IS ADDED TO THE INDIANA CODE
88	88	23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
89	89	24 1, 2023]: Sec. 27. (a) As used in this section, "school" means any of
90	90	25 the following:
91	91	26 (1) A charter school.
92	92	27 (2) A nonpublic school with at least one (1) employee.
93	93	28 (b) A school or school corporation that is selected to participate
94	94	29 in the United States Centers for Disease Control and Prevention
95	95	30 Youth Risk Behaviors Survey or a successor survey shall
96	96	31 participate in the survey.
97	97	32 SECTION 4. IC 21-7-13-26.7 IS ADDED TO THE INDIANA
98	98	33 CODE AS A NEW SECTION TO READ AS FOLLOWS
99	99	34 [EFFECTIVE JULY 1, 2023]: Sec. 26.7. "Postvention" means an
100	100	35 organized response in the aftermath of a suicide to facilitate the
101	101	36 healing of individuals from the grief and distress of suicide loss or
102	102	37 mitigate other negative effects of exposure to suicide.
103	103	38 SECTION 5. IC 21-7-13-28.5 IS ADDED TO THE INDIANA
104	104	39 CODE AS A NEW SECTION TO READ AS FOLLOWS
105	105	40 [EFFECTIVE JULY 1, 2023]: Sec. 28.5. "Reentry" refers to a
106	106	41 student's return to class after the student has been exposed to
107	107	42 suicide or attempted suicide.
108	108	2023 IN 197—LS 6343/DI 147 3
109	109	1 SECTION 6. IC 21-18-18 IS ADDED TO THE INDIANA CODE
110	110	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
111	111	3 JULY 1, 2023]:
112	112	4 Chapter 18. Mental Health and Suicide Prevention in Higher
113	113	5 Education Task Force
114	114	6 Sec. 1. As used in this chapter, "task force" refers to the mental
115	115	7 health and suicide prevention in higher education task force
116	116	8 established by section 2 of this chapter.
117	117	9 Sec. 2. The mental health and suicide prevention in higher
118	118	10 education task force is established.
119	119	11 Sec. 3. The task force consists of the following members:
120	120	12 (1) The members of the commission.
121	121	13 (2) One (1) member appointed by the commissioner of the
122	122	14 Indiana department of health who represents the Indiana
123	123	15 department of health.
124	124	16 (3) One (1) member appointed by the governor who is a
125	125	17 suicide prevention expert.
126	126	18 (4) One (1) member appointed by the governor who
127	127	19 represents an organization dedicated to supporting veterans.
128	128	20 (5) One (1) member appointed by the governor who is
129	129	21 affiliated with an emergency medical services provider.
130	130	22 (6) One (1) member appointed by the governor who is a
131	131	23 community mental or behavioral health provider.
132	132	24 (7) Four (4) members appointed by the governor as follows:
133	133	25 (A) One (1) member who is employed as the director or
134	134	26 executive director of a mental health counseling center at
135	135	27 a state educational institution.
136	136	28 (B) One (1) member who is employed as the director or
137	137	29 executive director of a mental health counseling center at
138	138	30 a nonprofit college or university.
139	139	31 (C) One (1) member who is employed as the director or
140	140	32 executive director of a mental health counseling center at
141	141	33 a private college or university.
142	142	34 (D) One (1) member who is employed as the director or
143	143	35 executive director of a mental health counseling center at
144	144	36 a community or technical college.
145	145	37 Sec. 4. The members appointed by the governor under section
146	146	38 3 of this chapter must reflect the racial, gender, geographic, urban,
147	147	39 rural, and economic diversity of Indiana.
148	148	40 Sec. 5. If a vacancy occurs in the membership of the task force,
149	149	41 the appointing authority that appointed the member whose
150	150	42 position is vacant shall appoint an individual to fill the vacancy.
151	151	2023 IN 197—LS 6343/DI 147 4
152	152	1 Sec. 6. The task force shall elect one (1) member to serve as the
153	153	2 chairperson of the task force and one (1) member to serve as the
154	154	3 vice chairperson of the task force.
155	155	4 Sec. 7. The task force shall meet upon the call of the
156	156	5 chairperson.
157	157	6 Sec. 8. The commission shall staff the task force.
158	158	7 Sec. 9. The affirmative votes of a majority of the members of the
159	159	8 task force are required for the task force to take action on any
160	160	9 measure.
161	161	10 Sec. 10. (a) The task force shall develop a statewide resource
162	162	11 guide on mental health and suicide prevention for state educational
163	163	12 institutions.
164	164	13 (b) The statewide resource guide required by subsection (a)
165	165	14 must include the following:
166	166	15 (1) A free curriculum to train students, staff, and faculty of a
167	167	16 state educational institution concerning:
168	168	17 (A) screening methods for suicide risk; and
169	169	18 (B) appropriate referrals;
170	170	19 including methods of addressing the specific needs of
171	171	20 veterans.
172	172	21 (2) A model crisis protocol, per sector, on the identification of
173	173	22 mental health issues and suicidal behavior, intervention,
174	174	23 reentry, and postvention.
175	175	24 (3) Model marketing materials to promote student mental
176	176	25 health in higher education.
177	177	26 (4) Culturally relevant mental health and suicide prevention
178	178	27 resources for diverse communities and underrepresented
179	179	28 populations.
180	180	29 (c) The task force shall make the statewide resource guide
181	181	30 publicly available on the commission's website.
182	182	31 Sec. 11. In addition to the duty outlined under section 10 of this
183	183	32 chapter, the task force shall do the following:
184	184	33 (1) Serve as a resource for a state educational institution to
185	185	34 provide suicide prevention training for students, as required
186	186	35 by IC 21-48-1-2.
187	187	36 (2) Develop an annual conference for state educational
188	188	37 institutions concerning student mental health and suicide
189	189	38 prevention.
190	190	39 (3) Plan and host the first annual conference described in
191	191	40 subdivision (2).
192	192	41 Sec. 12. (a) Each member of the task force who is not a state
193	193	42 employee is entitled to reimbursement for traveling expenses as
194	194	2023 IN 197—LS 6343/DI 147 5
195	195	1 provided under IC 4-13-1-4 and other expenses actually incurred
196	196	2 in connection with the member's duties as provided in the state
197	197	3 policies and procedures established by the Indiana department of
198	198	4 administration and approved by the budget agency.
199	199	5 (b) Each member of the task force who is a state employee but
200	200	6 who is not a member of the general assembly is entitled to
201	201	7 reimbursement for traveling expenses as provided under
202	202	8 IC 4-13-1-4 and other expenses actually incurred in connection
203	203	9 with the member's duties as provided in the state policies and
204	204	10 procedures established by the Indiana department of
205	205	11 administration and approved by the budget agency.
206	206	12 (c) Each member of the task force who is a member of the
207	207	13 general assembly is entitled to receive the same per diem, mileage,
208	208	14 and travel allowances paid to members of the general assembly
209	209	15 serving on interim study committees established by the legislative
210	210	16 council.
211	211	17 SECTION 7. IC 21-48-1-2 IS ADDED TO THE INDIANA CODE
212	212	18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
213	213	19 1, 2023]: Sec. 2. (a) Before January 1, 2024, the commission, in
214	214	20 consultation with the coordinator of the statewide program for
215	215	21 suicide prevention employed under IC 12-21-5-5, shall develop a
216	216	22 suicide prevention training program to be administered to students
217	217	23 at each state educational institution.
218	218	24 (b) After July 1, 2024, each student at a state educational
219	219	25 institution shall participate in the training developed under
220	220	26 subsection (a) during the student's first year at the state
221	221	27 educational institution.
222	222	28 SECTION 8. IC 21-48-1-3 IS ADDED TO THE INDIANA CODE
223	223	29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
224	224	30 1, 2023]: Sec. 3. (a) Each state educational institution shall, for each
225	225	31 academic year and in accordance with the state educational
226	226	32 institution's established data collection requirements, collect the
227	227	33 following information:
228	228	34 (1) The ratio of counselors to students at the state educational
229	229	35 institution.
230	230	36 (2) The number of students who were referred to a behavioral
231	231	37 health provider off-campus.
232	232	38 (3) The number of students who withdrew from the state
233	233	39 educational institution and identified emotional distress as a
234	234	40 reason for withdrawal.
235	235	41 (4) The number of student deaths caused by suicide.
236	236	42 (5) The number of students who attempted suicide and, as a
237	237	2023 IN 197—LS 6343/DI 147 6
238	238	1 result, were hospitalized.
239	239	2 (6) Information concerning the dissemination of mental health
240	240	3 and suicide prevention resource materials available at the
241	241	4 state educational institution and off-campus.
242	242	5 (7) Confirmation that the state educational institution has
243	243	6 developed, or is developing, a suicide prevention training
244	244	7 program.
245	245	8 (8) The student groups or organizations the state educational
246	246	9 institution has identified to participate in the suicide
247	247	10 prevention training program.
248	248	11 (9) The office or division at the state educational institution
249	249	12 that is responsible for developing and maintaining a crisis
250	250	13 protocol for the identification of suicide risk, appropriate
251	251	14 intervention, reentry, and postvention.
252	252	15 (10) The name of the individual who is responsible for the
253	253	16 crisis protocol described in subdivision (9).
254	254	17 (11) Information on mental health services on-campus that
255	255	18 support and are available to veterans.
256	256	19 (b) Not later than December 31 each year, each state
257	257	20 educational institution shall submit the information collected under
258	258	21 subsection (a) during the preceding academic year to the
259	259	22 coordinator of the statewide program for suicide prevention
260	260	23 employed under IC 12-21-5-5.
261	261	24 (c) If a state educational institution does not collect or have
262	262	25 access to the information in subsection (a), the state educational
263	263	26 institution shall indicate in the report that the state educational
264	264	27 institution:
265	265	28 (1) did not collect; or
266	266	29 (2) does not have access to;
267	267	30 the information.
268	268	2023 IN 197—LS 6343/DI 147