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)) 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".