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

Discipline Compendium

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

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

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LAWS

IC 10-21-1-5. Matching grant application procedure.

(d) Before July 1, 2021, each school corporation, charter school, or accredited nonpublic school shall certify to the department of homeland security that the school corporation, charter school, or accredited nonpublic school has a memorandum of understanding in place with a community mental health center established under IC 12-29-2 or provider certified or licensed by the state to provide mental or behavioral health services to students before applying for a grant under this chapter. A provider described in this subsection may be employed by the school corporation, charter school, or accredited nonpublic school.

IC 20-19-5-1. Department duties.

The department of education, in cooperation with the department of child services, the department of correction, and the division of mental health and addiction, shall:

(1) develop and coordinate the children's social, emotional, and behavioral health plan that is to provide recommendations concerning:

(A) comprehensive mental health services;

(B) early intervention; and

(C) treatment services;

for individuals from birth through twenty-two (22) years of age;

(2) make recommendations to the state board, which shall adopt rules under IC 4-22-2 concerning the children's social, emotional, and behavioral health plan; and

(3) conduct hearings on the implementation of the plan before adopting rules under this chapter.

IC 20-19-5-2. Plan recommendations.

The children's social, emotional, and behavioral health plan shall recommend:

(1) procedures for the identification and assessment of social, emotional, and mental health issues;

(2) procedures to assist a child and the child's family in obtaining necessary services to treat social, emotional, and mental health issues;

(3) procedures to coordinate provider services and interagency referral networks for an individual from birth through twenty-two (22) years of age;

(4) guidelines for incorporating social, emotional, and behavioral development into school learning standards and education programs;

(5) that social, emotional, and mental health screening be included as a part of routine examinations in schools and by health care providers;

(6) procedures concerning the positive development of children, including:

(A) social, emotional, and behavioral development;

(B) learning; and

(C) behavioral health;

(7) plans for creating a children's social, emotional, and behavioral health system with shared accountability among state agencies that will:

(A) conduct ongoing needs assessments;

(B) use outcome indicators and benchmarks to measure progress; and

(C) implement quality data tracking and reporting systems;

(8) a state budget for children's social, emotional, and mental health prevention and treatment;

(9) how state agencies and local entities can obtain federal funding and other sources of funding to implement a children's social, emotional, and behavioral health plan;

(10) how to maintain and expand the workforce to provide mental health services for individuals from birth through twenty-two (22) years of age and families;

(11) how employers of mental health professionals may:

(A) improve employee job satisfaction; and

(B) retain employees;

(12) how to facilitate research on best practices and model programs for children's social, emotional, and behavioral health;

(13) how to disseminate research and provide training and educational materials concerning the children's social, emotional, and behavioral health program to:

(A) policymakers;

(B) practitioners; and

(C) the general public; and

(14) how to implement a public awareness campaign to:

(A) reduce the stigma of mental illness; and

(B) educate individuals:

(i) about the benefits of children's social, emotional, and behavioral development; and

(ii) how to access children's social, emotional, and behavioral development services.

IC 20-34-3-21. Memorandum of understanding between school corporation and community mental health center or provider; referrals; documentation; diagnosis.

(a) Each school corporation and charter school shall enter into a memorandum of understanding with a community mental health center established under IC 12-29-2 or a provider certified or licensed by the state to provide appropriate and necessary mental or behavioral health services to students. The division of mental health and addiction shall develop a memorandum of understanding for referral and assist school corporations and charter schools in obtaining a memorandum of understanding with a community mental health center or an appropriate provider.

(b) A school corporation and a charter school may not refer a student to a mental health care provider or a community mental health center for services unless the school corporation or charter school has received the written consent of the student's parent or guardian.

(c) If a school corporation or charter school refers a student to a mental health care provider, the school corporation or charter school may note the referral in the student's cumulative record but may not include any possible diagnosis or information concerning the student's mental health other than any medication that the student takes for the student's mental health. A student record that contains medical information must be kept confidential.

(d) A school counselor or other employee of a school corporation or a charter school may not diagnose a student as having a mental health condition unless the individual's scope of practice includes diagnosing a mental health condition.

(e) Before providing a referral under a memorandum of understanding, each school corporation and charter school shall comply with the following requirements:

(1) Develop a process for a teacher or school employee to notify a school official to contact a student's parent if the student demonstrates a repeated pattern of aberrant or abnormal behavior. The parental notification process described in this subdivision must also include that the school will hold a conference with the student and the student's parent.

(2) Require that the conference described in subdivision (1) must address the student's potential need for and benefit from:

(A) mental or behavioral health services; or

(B) mental or behavioral health services provided by the community mental health center or appropriate provider that is contracted and paid for by the school corporation or charter school.

(3) Establish a procedure for a parent who chooses to seek services for the student to follow that includes granting written parental consent for the student to receive mental or behavioral health services by a community mental health center or appropriate provider described under subdivision (2).

(4) Ensure that a school maintains the confidentiality of any medical records that result from a student's participation in any treatment described in subdivision (2). The school must adopt a policy that prohibits the school from:

(A) sharing any reports or notes resulting from the provision of mental or behavioral health services described in subdivision (2)(A) with other school officials; and

(B) maintaining any reports, notes, diagnosis, or appointments that result from a student's participation in any treatment described in subdivision (2)(A) through (2)(B) in the student's permanent educational file.

IC 20-34-9-2. "Plan".

As used in this chapter, "plan" refers to a student and parent support services plan described in section 6(2) [IC 20-34-9-6(2)] of this chapter.

IC 20-34-9-3. "Program".

As used in this chapter, "program" refers to the student and parent support services grant program established by section 5 [IC 20-34-9-5] of this chapter.

IC 20-34-9-4. Eligibility for a grant.

Beginning after June 30, 2020, and subject to available funding, a school corporation, a charter school, and a state accredited nonpublic school are eligible for a grant under this chapter if the school corporation, charter school, or state accredited nonpublic school meets the requirements of this chapter.

IC 20-34-9-5. Student and parent support services grant program; administration.

(a) The student and parent support services grant program is established to provide grants to school corporations, charter schools, and state accredited nonpublic schools for the development and implementation of student and parent support services plans to support parents caring for at-risk students.

(b) The department, in coordination with the division of mental health and addiction, shall administer the program.

IC 20-34-9-6. Requirements to participate.

A school corporation, a charter school, or a state accredited nonpublic school must do the following to participate in the program:

(1) Apply to the department to participate in the program.

(2) Submit to the department a student and parent support services plan that the school corporation, charter school, or state accredited nonpublic school intends to implement and that includes the following:

(A) A process for a teacher or school employee to notify a school official to contact a student's parent if the student demonstrates a repeated pattern of aberrant or abnormal behavior. The parental notification process described in this clause must also include that the school will hold a conference with the student and the student's parent.

(B) A requirement that the conference described in clause (A) must address the student's potential need for and benefit from:

(i) school based treatment services; or

(ii) treatment services provided by an outside professional care provider that is contracted and paid for by the school corporation, charter school, or state accredited nonpublic school.

(C) A procedure for a parent who chooses to seek services for the student to follow that includes granting written parental consent for the student to receive services by a service provider described under clause (B).

(D) A requirement to ensure that a school shall maintain the confidentiality of any medical records that result from a student's participation in any treatment described in clause (B). The school must adopt a policy that prohibits the school from:

(i) sharing any reports or notes resulting from the provision of school based treatment services described in clause (B)(i) with other school officials; and

(ii) maintaining any reports, notes, diagnosis, or appointments that result from a student's participation in any treatment described in clause (B)(i) through (B)(ii) in the student's permanent educational file.

IC 20-34-9-7. Annual report.

(a) Before June 30, 2020, and before each June 30 thereafter, the department shall evaluate and prepare a report concerning development and implementation of the following:

(1) The program.

(2) The plans submitted and implemented by school corporations, charter schools, and state accredited nonpublic schools.

(b) The department shall submit the report described in subsection (a) to the legislative council in an electronic format under IC 5-14-6.

REGULATIONS

511 IAC 4-1.5-5. Student assistance services.

(a) School corporations shall provide student assistance services at the elementary and secondary school levels.

(b) Student assistance services shall be coordinated by a:

(1) certified school counselor;

(2) certified school psychologist; or

(3) certified school social worker (master's level).

(c) Student assistance services shall include, but are not limited to, the following:

(1) Prevention, which includes:

(A) assisting teachers and parents in delivering the health and social studies proficiencies of the school curricula;

(B) collaborating with community resources to develop summer and extended school programs to meet the social and recreational needs of students; and

(C) educating school staff and parents on the developmental needs and behavioral management of students.

(2) Assessment, which includes:

(A) educating school staff and parents to identify and refer students who are experiencing problems that interfere with student learning;

(B) obtaining and interpreting data on student needs; and

(C) implementing the school's policies and procedures with regard to identifying and referring students with their families who are in need of special services.

(3) Intervention, which includes:

(A) providing brief individual and group counseling to students and families who need help with personal concerns or developmental problems; and

(B) providing consultation services to school staff and parents regarding strategies for helping students cope with personal and social concerns.

(4) Referral, which includes:

(A) implementing policies and procedures for referring students and families to student assistance services and to community agencies for intensive counseling or other specialized services not available from the school;

(B) disseminating a directory of community services and resources; and

(C) creating a system to monitor referrals to ensure that students and families receive services in a timely and appropriate manner.

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