Introduced Version
HOUSE BILL No. 1305
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-26-22.
Synopsis: Mental health and substance use disorder screening.
Requires each school corporation and charter school to develop a plan
to conduct developmentally appropriate evidence based: (1) mental
health screening; and (2) substance use disorder screening; for students
in kindergarten through grade 12. Establishes notification, consent, and
data destruction requirements. Requires the department of education to
make available to school corporations and charter schools
developmentally appropriate evidence based mental health screening
and substance use disorder screening tools and resources.
Effective: July 1, 2025.
Andrade, DeLaney, Pfaff
January 13, 2025, read first time and referred to Committee on Education.
2025 IN 1305—LS 6947/DI 110 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1305
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 20-26-22 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 22. Mental Health and Substance Use Disorder
5 Screening
6 Sec. 1. (a) Each school corporation and charter school shall
7 develop a plan to conduct developmentally appropriate evidence
8 based:
9 (1) mental health screening; and
10 (2) substance use disorder screening;
11 for students in kindergarten through grade 12.
12 (b) A mental health screening under this chapter must include
13 screening for the following:
14 (1) High risk for later violence.
15 (2) Resilience.
16 Sec. 2. Each school corporation and charter school shall notify
17 a student's parent, if the student is an unemancipated minor, of the
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1 plan to conduct a screening described in section 1 of this chapter,
2 including the:
3 (1) purpose of the screening; and
4 (2) approximate date and time the screening will be
5 conducted.
6 Sec. 3. A school corporation or charter school may not conduct
7 a mental health screening or substance use disorder screening of a
8 student under this chapter without the consent of:
9 (1) the student, if the student is an adult or emancipated
10 minor; or
11 (2) a parent of the student, if the student is an unemancipated
12 minor.
13 Sec. 4. (a) If a student is an unemancipated minor, a school
14 corporation or charter school shall:
15 (1) notify the student's parent of any results from a mental
16 health screening or substance use disorder screening under
17 this chapter;
18 (2) provide the parent a copy of the results; and
19 (3) if applicable, provide the parent a list of resources
20 available to the student in the school or community.
21 (b) If the student is an adult or emancipated minor, the school
22 corporation or charter school shall provide the student with the
23 information described in subsection (a).
24 Sec. 5. (a) The department shall make available to a school
25 corporation and charter school:
26 (1) developmentally appropriate evidence based:
27 (A) mental health screening tools; and
28 (B) substance use disorder screening tools; and
29 (2) other applicable developmentally appropriate evidence
30 based resources;
31 to assist the school corporation and charter school with
32 implementing mental health screening and substance use disorder
33 screening under this chapter.
34 (b) The department shall consult with the division of mental
35 health and addiction in selecting evidence based screening tools
36 and resources under this section.
37 Sec. 6. A school corporation or charter school may not use the
38 results of a mental health screening or substance use disorder
39 screening to make any decision relating to the student's instruction,
40 academic opportunities, or discipline.
41 Sec. 7. Except as otherwise provided under federal or state law,
42 if the results of a screening under this chapter indicate additional
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1 care is needed for the student, the school corporation or charter
2 school is not responsible for providing the additional care to the
3 student.
4 Sec. 8. Any records relating to a mental health screening or
5 substance use disorder screening must be maintained in
6 accordance with any applicable federal privacy laws.
7 Sec. 9. Unless otherwise provided under federal law, any mental
8 health screening or substance use disorder screening data collected
9 by a school corporation or charter school under this chapter must
10 be destroyed by the earlier of the following:
11 (1) The date that the school corporation or charter school
12 notifies a student's parent of the results under section 4 of this
13 chapter.
14 (2) Sixty (60) days after the date that the school corporation
15 or charter school obtains the results of the mental health
16 screening or substance use disorder screening.
2025 IN 1305—LS 6947/DI 110