Arizona School Discipline Laws & Regulations: School-based Behavioral Health Programs

Discipline Compendium

Arizona School Discipline Laws & Regulations: School-based Behavioral Health Programs

Category: Prevention, Behavioral Interventions, and Supports
Subcategory: School-based Behavioral Health Programs
State: Arizona

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LAWS

15-104. Mental health screening; consent; form; exemption.

A. Before it conducts a mental health screening on any pupil, defined as a survey, analysis or evaluation created by a governmental or private third party pursuant to the protection of pupil rights amendment (20 United States Code section 1232h; 34 Code of Federal Regulations part 98), a school district or charter school must have obtained the written consent of the pupil's parent or legal guardian. The written consent must satisfy all of the following requirements:

1. Contain language that clearly explains the nature of the screening program and when and where the screening will take place.

2. Be signed by the pupil's parent or legal guardian.

3. Provide notice that a copy of the actual survey, analysis or evaluation questions to be asked of the student is available for inspection upon request by the parent or legal guardian.

B. The chemical abuse and related gang activity survey conducted by the Arizona criminal justice commission pursuant to section 41-2416 is exempt from the provisions of this section if the survey does not include questions related to depression or religiosity.

15-154. School safety program; purpose; program proposals; requirements; annual report; program termination; definitions.

A. The school safety program is established within the department of education to support, promote and enhance safe and effective learning environments for all students by supporting the costs of placing school resource officers, juvenile probation officers, school counselors and school social workers on school campuses. A school district or charter school may apply to participate in the school safety program as provided in this section for up to three fiscal years by submitting by April 15 a program proposal to the department of education. A school district or charter school that receives approval for a three-year program under this subsection may annually submit a modified spending plan for its approved program. [...]

E. The department of education shall review and administer the school counselors and school social workers program proposals in cooperation with school administrators, principals, teachers, parents and community mental health professionals. The department of education shall use relevant school-level academic, social and emotional statistics to assess the needs of each program proposal and shall visit school districts and charter schools that submit program proposals in order to verify the information contained in the program proposals.

36-3436. Children's behavioral health services fund; exemption; use of monies.

C. The administration shall enter into an agreement with one or more contractors for children's behavioral health services using monies from the children's behavioral health services fund to pay for behavioral health services for children. To be eligible to receive behavioral health services paid by the fund, an individual must meet all of the following conditions:

3. Be referred for behavioral health services by an educational institution.

4. Have written parental consent to obtain the behavioral health services.

6. Receive the behavioral health services on or off school grounds.

36-3436.01. School-based behavioral health services; referrals; requirements; annual report.

A. Before a school provides school-based referrals for behavioral health services to a contracted behavioral health services provider either pursuant to the children's behavioral health services fund established by section 36-3436 or for services provided through the Arizona health care cost containment system, the school district governing board or charter school governing body shall adopt policies relating to school-based referrals. These policies shall be vetted at a public meeting in which the school district governing board or charter school governing body considers any comments submitted by the public before the governing board or governing body adopts the policies. The school district governing board or charter school governing body shall post the polices adopted pursuant to this section on each applicable school website. The policies shall include the following:

1. A process to allow a parent to annually opt into the school-based referrals.

2. A process to conduct a survey of parents whose children were referred to and received behavioral health services pursuant to this section. The survey may be completed online. The survey shall include at least the following:

(a) Whether the parent opted into the program.

(b) Whether the parent was notified before the referral took place.

(c) Whether the behavioral health services referred were appropriate to meet the student's need.

(d) Whether the parent is satisfied with the choice of behavioral health services providers.

(e) Whether the parent intends to opt into a program again in the following school year.

3. A requirement that each school's website contain a list of behavioral health services providers with whom the school contracts.

B. At the end of each school year, each participating school district and charter school shall report to the administration the school survey results.

C. The administration shall compile a report based on the surveys received from participating school districts and charter schools as well as utilization data for behavioral health services received pursuant to the children's behavioral health services fund established by section 36-3436. On or before December 31 each year, the administration shall provide the report to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of the report to the secretary of state. The report shall include at least all of the following information:

1. The number of students served.

2. The types of behavioral health services provided.

3. The costs of the behavior health services provided.

REGULATIONS

No relevant regulations found.

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