Indiana 2025 Regular Session

Indiana House Bill HB1305 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1305
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-26-22.
7	7	Synopsis: Mental health and substance use disorder screening.
8	8	Requires each school corporation and charter school to develop a plan
9	9	to conduct developmentally appropriate evidence based: (1) mental
10	10	health screening; and (2) substance use disorder screening; for students
11	11	in kindergarten through grade 12. Establishes notification, consent, and
12	12	data destruction requirements. Requires the department of education to
13	13	make available to school corporations and charter schools
14	14	developmentally appropriate evidence based mental health screening
15	15	and substance use disorder screening tools and resources.
16	16	Effective: July 1, 2025.
17	17	Andrade, DeLaney, Pfaff
18	18	January 13, 2025, read first time and referred to Committee on Education.
19	19	2025 IN 1305—LS 6947/DI 110 Introduced
20	20	First Regular Session of the 124th General Assembly (2025)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2024 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1305
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	education.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 20-26-22 IS ADDED TO THE INDIANA CODE
35	35	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
36	36	3 1, 2025]:
37	37	4 Chapter 22. Mental Health and Substance Use Disorder
38	38	5 Screening
39	39	6 Sec. 1. (a) Each school corporation and charter school shall
40	40	7 develop a plan to conduct developmentally appropriate evidence
41	41	8 based:
42	42	9 (1) mental health screening; and
43	43	10 (2) substance use disorder screening;
44	44	11 for students in kindergarten through grade 12.
45	45	12 (b) A mental health screening under this chapter must include
46	46	13 screening for the following:
47	47	14 (1) High risk for later violence.
48	48	15 (2) Resilience.
49	49	16 Sec. 2. Each school corporation and charter school shall notify
50	50	17 a student's parent, if the student is an unemancipated minor, of the
51	51	2025 IN 1305—LS 6947/DI 110 2
52	52	1 plan to conduct a screening described in section 1 of this chapter,
53	53	2 including the:
54	54	3 (1) purpose of the screening; and
55	55	4 (2) approximate date and time the screening will be
56	56	5 conducted.
57	57	6 Sec. 3. A school corporation or charter school may not conduct
58	58	7 a mental health screening or substance use disorder screening of a
59	59	8 student under this chapter without the consent of:
60	60	9 (1) the student, if the student is an adult or emancipated
61	61	10 minor; or
62	62	11 (2) a parent of the student, if the student is an unemancipated
63	63	12 minor.
64	64	13 Sec. 4. (a) If a student is an unemancipated minor, a school
65	65	14 corporation or charter school shall:
66	66	15 (1) notify the student's parent of any results from a mental
67	67	16 health screening or substance use disorder screening under
68	68	17 this chapter;
69	69	18 (2) provide the parent a copy of the results; and
70	70	19 (3) if applicable, provide the parent a list of resources
71	71	20 available to the student in the school or community.
72	72	21 (b) If the student is an adult or emancipated minor, the school
73	73	22 corporation or charter school shall provide the student with the
74	74	23 information described in subsection (a).
75	75	24 Sec. 5. (a) The department shall make available to a school
76	76	25 corporation and charter school:
77	77	26 (1) developmentally appropriate evidence based:
78	78	27 (A) mental health screening tools; and
79	79	28 (B) substance use disorder screening tools; and
80	80	29 (2) other applicable developmentally appropriate evidence
81	81	30 based resources;
82	82	31 to assist the school corporation and charter school with
83	83	32 implementing mental health screening and substance use disorder
84	84	33 screening under this chapter.
85	85	34 (b) The department shall consult with the division of mental
86	86	35 health and addiction in selecting evidence based screening tools
87	87	36 and resources under this section.
88	88	37 Sec. 6. A school corporation or charter school may not use the
89	89	38 results of a mental health screening or substance use disorder
90	90	39 screening to make any decision relating to the student's instruction,
91	91	40 academic opportunities, or discipline.
92	92	41 Sec. 7. Except as otherwise provided under federal or state law,
93	93	42 if the results of a screening under this chapter indicate additional
94	94	2025 IN 1305—LS 6947/DI 110 3
95	95	1 care is needed for the student, the school corporation or charter
96	96	2 school is not responsible for providing the additional care to the
97	97	3 student.
98	98	4 Sec. 8. Any records relating to a mental health screening or
99	99	5 substance use disorder screening must be maintained in
100	100	6 accordance with any applicable federal privacy laws.
101	101	7 Sec. 9. Unless otherwise provided under federal law, any mental
102	102	8 health screening or substance use disorder screening data collected
103	103	9 by a school corporation or charter school under this chapter must
104	104	10 be destroyed by the earlier of the following:
105	105	11 (1) The date that the school corporation or charter school
106	106	12 notifies a student's parent of the results under section 4 of this
107	107	13 chapter.
108	108	14 (2) Sixty (60) days after the date that the school corporation
109	109	15 or charter school obtains the results of the mental health
110	110	16 screening or substance use disorder screening.
111	111	2025 IN 1305—LS 6947/DI 110