Introduced Version SENATE BILL No. 197 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 20-33-2; IC 20-34-3-27; IC 21-7-13; IC 21-18-18; IC 21-48-1. Synopsis: Student health. Requires the governing body of a school corporation or chief administrative officer of a nonpublic school system to authorize the absence and excuse of a student due to the student's mental or behavioral health concerns. Limits the number of excused absences for mental or behavioral health concerns, without documentation, to three instructional days in a school year. Allows a student to be excused for more than three instructional days if the student provides certain documentation. Requires that a school selected to participate in the United States Centers for Disease Control and Prevention's Youth Risk Behaviors Survey or a successor survey participate in the survey. Provides that the commission for higher education shall, before January 1, 2024, work with the statewide suicide prevention coordinator to develop a suicide prevention training for students at each state educational institution (institution). Requires each student at an institution, after July 1, 2024, to participate in the training in the student's first year at the institution. Requires each institution to collect and report certain information concerning suicide prevention to the statewide suicide prevention coordinator. Establishes a mental health and suicide prevention in higher education task force (task force). Provides that the task force shall create a statewide suicide prevention resource guide for institutions. Makes conforming changes. Effective: July 1, 2023. Ford J.D. January 10, 2023, read first time and referred to Committee on Education and Career Development. 2023 IN 197—LS 6343/DI 147 Introduced First Regular Session of the 123rd General Assembly (2023) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2022 Regular Session of the General Assembly. SENATE BILL No. 197 A BILL FOR AN ACT to amend the Indiana Code concerning education. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 20-33-2-14, AS AMENDED BY P.L.90-2011, 2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2023]: Sec. 14. (a) This section and sections 15 through 17.5 4 17.9 of this chapter apply to a student who attends either a public 5 school or a nonpublic school. 6 (b) The governing body of each school corporation shall have a 7 policy outlining the conditions for excused and unexcused absences. 8 The policy must include the grounds for excused absences required by 9 sections 15 through 17.5 17.9 of this chapter or another law. Any 10 absence that results in a person not attending at least one hundred 11 eighty (180) days in a school year must be in accordance with the 12 governing body's policy to qualify as an excused absence. 13 (c) Service as a page for or as an honoree of the general assembly 14 is a lawful excuse for a student to be absent from school, when verified 15 by a certificate of the secretary of the senate or the chief clerk of the 16 house of representatives. A student excused from school attendance 17 under this section may not be recorded as being absent on any date for 2023 IN 197—LS 6343/DI 147 2 1 which the excuse is operative and may not be penalized by the school 2 in any manner. 3 SECTION 2. IC 20-33-2-17.9 IS ADDED TO THE INDIANA 4 CODE AS A NEW SECTION TO READ AS FOLLOWS 5 [EFFECTIVE JULY 1, 2023]: Sec. 17.9. (a) The governing body of 6 a school corporation or the chief administrative officer of a 7 nonpublic school system shall authorize the absence and excuse of 8 a school student if the absence is caused by the student's mental or 9 behavioral health concerns. 10 (b) Except as provided in subsection (c), the number of excused 11 absences a student may receive under this section may not exceed 12 three (3) instructional days in a school year. 13 (c) A student may be excused for more than three (3) 14 instructional days in a school year if the student provides to school 15 authorities documentation from a physician, psychologist, or 16 psychiatrist verifying the need for the student's absence. 17 (d) A student excused from school attendance under this section 18 may not be: 19 (1) recorded as being absent on any date for which the excuse 20 is operative; or 21 (2) penalized by the school in any manner. 22 SECTION 3. IC 20-34-3-27 IS ADDED TO THE INDIANA CODE 23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 24 1, 2023]: Sec. 27. (a) As used in this section, "school" means any of 25 the following: 26 (1) A charter school. 27 (2) A nonpublic school with at least one (1) employee. 28 (b) A school or school corporation that is selected to participate 29 in the United States Centers for Disease Control and Prevention 30 Youth Risk Behaviors Survey or a successor survey shall 31 participate in the survey. 32 SECTION 4. IC 21-7-13-26.7 IS ADDED TO THE INDIANA 33 CODE AS A NEW SECTION TO READ AS FOLLOWS 34 [EFFECTIVE JULY 1, 2023]: Sec. 26.7. "Postvention" means an 35 organized response in the aftermath of a suicide to facilitate the 36 healing of individuals from the grief and distress of suicide loss or 37 mitigate other negative effects of exposure to suicide. 38 SECTION 5. IC 21-7-13-28.5 IS ADDED TO THE INDIANA 39 CODE AS A NEW SECTION TO READ AS FOLLOWS 40 [EFFECTIVE JULY 1, 2023]: Sec. 28.5. "Reentry" refers to a 41 student's return to class after the student has been exposed to 42 suicide or attempted suicide. 2023 IN 197—LS 6343/DI 147 3 1 SECTION 6. IC 21-18-18 IS ADDED TO THE INDIANA CODE 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2023]: 4 Chapter 18. Mental Health and Suicide Prevention in Higher 5 Education Task Force 6 Sec. 1. As used in this chapter, "task force" refers to the mental 7 health and suicide prevention in higher education task force 8 established by section 2 of this chapter. 9 Sec. 2. The mental health and suicide prevention in higher 10 education task force is established. 11 Sec. 3. The task force consists of the following members: 12 (1) The members of the commission. 13 (2) One (1) member appointed by the commissioner of the 14 Indiana department of health who represents the Indiana 15 department of health. 16 (3) One (1) member appointed by the governor who is a 17 suicide prevention expert. 18 (4) One (1) member appointed by the governor who 19 represents an organization dedicated to supporting veterans. 20 (5) One (1) member appointed by the governor who is 21 affiliated with an emergency medical services provider. 22 (6) One (1) member appointed by the governor who is a 23 community mental or behavioral health provider. 24 (7) Four (4) members appointed by the governor as follows: 25 (A) One (1) member who is employed as the director or 26 executive director of a mental health counseling center at 27 a state educational institution. 28 (B) One (1) member who is employed as the director or 29 executive director of a mental health counseling center at 30 a nonprofit college or university. 31 (C) One (1) member who is employed as the director or 32 executive director of a mental health counseling center at 33 a private college or university. 34 (D) One (1) member who is employed as the director or 35 executive director of a mental health counseling center at 36 a community or technical college. 37 Sec. 4. The members appointed by the governor under section 38 3 of this chapter must reflect the racial, gender, geographic, urban, 39 rural, and economic diversity of Indiana. 40 Sec. 5. If a vacancy occurs in the membership of the task force, 41 the appointing authority that appointed the member whose 42 position is vacant shall appoint an individual to fill the vacancy. 2023 IN 197—LS 6343/DI 147 4 1 Sec. 6. The task force shall elect one (1) member to serve as the 2 chairperson of the task force and one (1) member to serve as the 3 vice chairperson of the task force. 4 Sec. 7. The task force shall meet upon the call of the 5 chairperson. 6 Sec. 8. The commission shall staff the task force. 7 Sec. 9. The affirmative votes of a majority of the members of the 8 task force are required for the task force to take action on any 9 measure. 10 Sec. 10. (a) The task force shall develop a statewide resource 11 guide on mental health and suicide prevention for state educational 12 institutions. 13 (b) The statewide resource guide required by subsection (a) 14 must include the following: 15 (1) A free curriculum to train students, staff, and faculty of a 16 state educational institution concerning: 17 (A) screening methods for suicide risk; and 18 (B) appropriate referrals; 19 including methods of addressing the specific needs of 20 veterans. 21 (2) A model crisis protocol, per sector, on the identification of 22 mental health issues and suicidal behavior, intervention, 23 reentry, and postvention. 24 (3) Model marketing materials to promote student mental 25 health in higher education. 26 (4) Culturally relevant mental health and suicide prevention 27 resources for diverse communities and underrepresented 28 populations. 29 (c) The task force shall make the statewide resource guide 30 publicly available on the commission's website. 31 Sec. 11. In addition to the duty outlined under section 10 of this 32 chapter, the task force shall do the following: 33 (1) Serve as a resource for a state educational institution to 34 provide suicide prevention training for students, as required 35 by IC 21-48-1-2. 36 (2) Develop an annual conference for state educational 37 institutions concerning student mental health and suicide 38 prevention. 39 (3) Plan and host the first annual conference described in 40 subdivision (2). 41 Sec. 12. (a) Each member of the task force who is not a state 42 employee is entitled to reimbursement for traveling expenses as 2023 IN 197—LS 6343/DI 147 5 1 provided under IC 4-13-1-4 and other expenses actually incurred 2 in connection with the member's duties as provided in the state 3 policies and procedures established by the Indiana department of 4 administration and approved by the budget agency. 5 (b) Each member of the task force who is a state employee but 6 who is not a member of the general assembly is entitled to 7 reimbursement for traveling expenses as provided under 8 IC 4-13-1-4 and other expenses actually incurred in connection 9 with the member's duties as provided in the state policies and 10 procedures established by the Indiana department of 11 administration and approved by the budget agency. 12 (c) Each member of the task force who is a member of the 13 general assembly is entitled to receive the same per diem, mileage, 14 and travel allowances paid to members of the general assembly 15 serving on interim study committees established by the legislative 16 council. 17 SECTION 7. IC 21-48-1-2 IS ADDED TO THE INDIANA CODE 18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 19 1, 2023]: Sec. 2. (a) Before January 1, 2024, the commission, in 20 consultation with the coordinator of the statewide program for 21 suicide prevention employed under IC 12-21-5-5, shall develop a 22 suicide prevention training program to be administered to students 23 at each state educational institution. 24 (b) After July 1, 2024, each student at a state educational 25 institution shall participate in the training developed under 26 subsection (a) during the student's first year at the state 27 educational institution. 28 SECTION 8. IC 21-48-1-3 IS ADDED TO THE INDIANA CODE 29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 30 1, 2023]: Sec. 3. (a) Each state educational institution shall, for each 31 academic year and in accordance with the state educational 32 institution's established data collection requirements, collect the 33 following information: 34 (1) The ratio of counselors to students at the state educational 35 institution. 36 (2) The number of students who were referred to a behavioral 37 health provider off-campus. 38 (3) The number of students who withdrew from the state 39 educational institution and identified emotional distress as a 40 reason for withdrawal. 41 (4) The number of student deaths caused by suicide. 42 (5) The number of students who attempted suicide and, as a 2023 IN 197—LS 6343/DI 147 6 1 result, were hospitalized. 2 (6) Information concerning the dissemination of mental health 3 and suicide prevention resource materials available at the 4 state educational institution and off-campus. 5 (7) Confirmation that the state educational institution has 6 developed, or is developing, a suicide prevention training 7 program. 8 (8) The student groups or organizations the state educational 9 institution has identified to participate in the suicide 10 prevention training program. 11 (9) The office or division at the state educational institution 12 that is responsible for developing and maintaining a crisis 13 protocol for the identification of suicide risk, appropriate 14 intervention, reentry, and postvention. 15 (10) The name of the individual who is responsible for the 16 crisis protocol described in subdivision (9). 17 (11) Information on mental health services on-campus that 18 support and are available to veterans. 19 (b) Not later than December 31 each year, each state 20 educational institution shall submit the information collected under 21 subsection (a) during the preceding academic year to the 22 coordinator of the statewide program for suicide prevention 23 employed under IC 12-21-5-5. 24 (c) If a state educational institution does not collect or have 25 access to the information in subsection (a), the state educational 26 institution shall indicate in the report that the state educational 27 institution: 28 (1) did not collect; or 29 (2) does not have access to; 30 the information. 2023 IN 197—LS 6343/DI 147