HLS 18RS-1875 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 766
BY REPRESENTATIVES PIERRE, BAGNERIS, BOUIE, TERRY BROWN, CARMODY,
GARY CARTER, COX, HORTON, JAMES, JEFFERSON, TERRY LANDRY, JIM
MORRIS, PYLANT, SMITH, AND THOMAS
HEALTH/BEHAVIORAL: Provides for access to behavioral health services providers in
schools
1 AN ACT
2To enact R.S. 17:173 and 3996(B)(45), relative to behavioral health services for students;
3 to provide relative to behavioral health services provided to students when requested
4 by the student's parent or legal guardian; to provide for definitions; to provide for
5 policies adopted by public school governing authorities; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 17:173 and 3996(B)(45) are hereby enacted to read as follows:
9 §173. Behavioral health services for students
10 A.(1) A public school governing authority shall not prohibit a behavioral
11 health provider from providing behavioral health services to a student at school
12 during school hours if the student's parent or legal guardian requests such services
13 from the provider.
14 (2) A public school governing authority may adopt a policy to implement the
15 provisions of this Section and such policy, at a minimum, shall provide that:
16 (a) A behavioral health provider who provides services pursuant to
17 this Section shall maintain reasonable insurance coverage.
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1 (b) A behavioral health provider shall complete a criminal
2 background check conducted by the Louisiana State Police or the parish
3 sheriff and shall pay all related costs.
4 (c) Behavioral health services shall be permitted during school hours
5 if the student's parent or legal guardian presents a behavioral health
6 evaluation performed by an evaluator chosen by the parent or legal guardian
7 and the evaluation indicates that the services are necessary during school
8 hours to assist the student with behavioral health impairments that the
9 evaluator determines are interfering with the student's ability to thrive in the
10 educational setting.
11 (d) Behavioral health services may be provided during instructional
12 time in English, reading, mathematics, and science if the public school
13 governing authority and the behavioral health provider agree that it is in the
14 best interest of the student.
15 (e) A public school governing authority shall not enter into a contract
16 or an exclusive agreement with a behavioral health provider that prohibits the
17 parent or legal guardian from choosing the behavioral health provider for the
18 student.
19 (f) The cost of all behavioral health services provided to a student
20 shall be the sole responsibility of the parent or legal guardian.
21 (g) A public school governing authority may provide for sanctions
22 against a behavioral health provider for failure to comply with the governing
23 authority's policy.
24 (3) The failure of a public school governing authority to adopt a
25 policy shall not be cause to prohibit the provision of behavioral health
26 services to a student as provided in this Section.
27 B. For purposes of this Section, the following terms shall have the following
28 meanings:
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1 (1) "Behavioral health provider" shall mean a provider who is independently
2 licensed or provisionally licensed to provide behavioral health services in Louisiana
3 including but not limited to a psychiatrist, psychologist, counselor, or social worker
4 or a behavioral health provider organization licensed to provide behavioral health
5 services in Louisiana.
6 (2) "Behavioral health services" shall include but not be limited to individual
7 psychotherapy, family psychotherapy, psychotropic medication management,
8 community psychiatric support and treatment, and crisis intervention.
9 (3) "Evaluator" shall mean a licensed psychiatrist, psychologist, medical
10 psychologist, professional counselor, marriage and family counselor, or clinical
11 social worker who is certified by the respective board of examiners in Louisiana to
12 provide necessary evaluations and who is not an employee of the public school
13 governing authority or the state Department of Education.
14 * * *
15 §3996. Charter schools; exemptions; requirements
16 * * *
17 B. Notwithstanding any state law, rule, or regulation to the contrary and
18 except as may be otherwise specifically provided for in an approved charter, a
19 charter school established and operated in accordance with the provisions of this
20 Chapter and its approved charter and the school's officers and employees shall be
21 exempt from all statutory mandates or other statutory requirements that are
22 applicable to public schools and to public school officers and employees except for
23 the following laws otherwise applicable to public schools with the same grades:
24 * * *
25 (45) Behavioral health services for students, R.S. 17:173.
26 * * *
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 766 Reengrossed 2018 Regular Session Pierre
Abstract: Provides relative to behavioral health services for students.
Proposed law provides that a public school governing authority shall not prohibit a
behavioral health provider from providing behavioral health services to a student at school
during school hours if requested by the student's parent or legal guardian. Authorizes such
governing authorities to adopt policies to implement proposed law that include the
following:
(1)A behavioral health provider shall maintain reasonable insurance coverage.
(2)A behavioral health provider shall complete a criminal background check conducted
and pay all related costs.
(3)Behavioral health services shall be permitted during school hours if the student's
parent or legal guardian presents a behavioral health evaluation performed by an
evaluator chosen by the parent or legal guardian and the evaluation indicates that the
services are necessary during school hours to assist the student with behavioral
health impairments that the evaluator determines are interfering with the student's
ability to thrive in the educational setting.
(4)Behavioral health services may be provided during instructional time in English,
reading, mathematics, and science if the public school governing authority and the
behavioral health provider agree that it is in the best interest of the student.
(5)A public school governing authority shall not enter into a contract or an exclusive
agreement with a behavioral health provider that prohibits the parent or legal
guardian from choosing the behavioral health provider for the student.
(6)The cost of all behavioral health services provided to a student shall be the sole
responsibility of the parent or legal guardian.
(7)A public school governing authority may provide for sanctions against a behavioral
health provider for failure to comply with the governing authority's policy.
Provides that the failure of a public school governing authority to adopt a policy shall not
prohibit the provision of behavioral health services to a student as provided in proposed law.
Defines "behavioral health provider", "behavioral health services", and "evaluator" for
purposes of proposed law.
(Adds R.S. 17:173 and 3996(B)(45))
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Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add that public school governing authorities may adopt policies to implement
proposed law; list matters to be included in such policies.
2. Define "evaluator".
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