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

Discipline Compendium

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

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

The state or jurisdiction(s) you selected for this subcategory are shown below, followed by the laws and regulations. To add or change states, use the Back button and resubmit your search request.

To view a state profile showing school discipline laws and regulations in all subcategories for a given state, click on the state name.

LAWS

§ 53F-2-415. Student health and counseling support–Qualifying personnel–Distribution formula–Rulemaking.

(1) As used in this section:

(a) "Qualifying personnel" means a school counselor or other counselor, school psychologist or other psychologist, school social worker or other social worker, or school nurse who:

(i) is licensed; and

(ii) collaborates with educators and a student's parent on:

(A) early identification and intervention of the student's academic and mental health needs; and

(B) removing barriers to learning and developing skills and behaviors critical for the student's academic achievement.

(b) "Telehealth services" means the same as that term is defined in Section 26-60-102.

(2)(a) Subject to legislative appropriations, and in accordance with Subsection (2)(b), the state board shall distribute money appropriated under this section to LEAs to provide in a school targeted school-based mental health support, including clinical services and trauma-informed care, through:

(i) employing qualifying personnel; or

(ii) entering into contracts for services provided by qualifying personnel, including telehealth services.

(b)(i) The state board shall, after consulting with LEA governing boards, develop a formula to distribute money appropriated under this section to LEAs.

(ii) The state board shall ensure that the formula described in Subsection (2)(b)(i) incentivizes an LEA to provide school-based mental health support in collaboration with the local mental health authority of the county in which the LEA is located.

(3) To qualify for money under this section, an LEA shall submit to the state board a plan that includes:

(a) measurable goals approved by the LEA governing board on improving student safety, student engagement, school culture, or academic achievement;

(b) how the LEA intends to meet the goals described in Subsection (3)(a) through the use of the money;

(c) how the LEA is meeting the requirements related to parent education described in Section 53G-9-703; and

(d) whether the LEA intends to provide school-based mental health support in collaboration with the local mental health authority of the county in which the LEA is located.

(4) The state board shall distribute money appropriated under this section to an LEA that qualifies under Subsection (3):

(a) based on the formula described in Subsection (2)(b); and

(b) if the state board approves the LEA's plan before April 1, 2020, in an amount of money that the LEA equally matches using local money, unrestricted state money, or money distributed to the LEA under Section 53G-7-1303.

(5) An LEA may not use money distributed by the state board under this section to supplant federal, state, or local money previously allocated to:

(a) employ qualifying personnel; or

(b) enter into contracts for services provided by qualified personnel, including telehealth services.

(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that establish:

(a) procedures for submitting a plan for and distributing money under this section;

(b) the formula the state board will use to distribute money to LEAs described in Subsection (2)(b); and

(c) in accordance with Subsection (7), annual reporting requirements for an LEA that receives money under this section.

(7) An LEA that receives money under this section shall submit an annual report to the state board, including:

(a) progress toward achieving the goals submitted under Subsection (3)(a);

(b) if the LEA discontinues a qualifying personnel position, the LEA's reason for discontinuing the position; and

(c) how the LEA, in providing school-based mental health support, complies with the provisions of Section 53E-9-203.

(8) Beginning on or before July 1, 2019, the state board shall provide training that instructs school personnel on the impact of childhood trauma on student learning, including information advising educators against practicing medicine, giving a diagnosis, or providing treatment.

(9) The state board may use up to 2% of an appropriation under this section for costs related to the administration of the provisions of this section.

(10) Notwithstanding the provisions of this section, money appropriated under this section may be used, as determined by the state board, for:

(a) the SafeUT Crisis Line described in Section 53B-17-1202; or

(b) youth suicide prevention programs described in Section 53G-9-702.

§ 53F-2-522. Public education mental health screening.

(1) As used in this section:

(a) "Division" means the Division of Substance Abuse and Mental Health.

(b) "Participating LEA" means an LEA that has an approved screening program described in this section.

(c) "Participating student" means a student in a participating LEA who participates in a mental health screening program.

(d) "Qualifying parent" means a parent:

(i) of a participating student who, based on the results of a screening program, would benefit from resources that cannot be provided to the participating student in the school setting; and

(ii) who qualifies for financial assistance to pay for the resources under rules made by the state board.

(e) "Screening program" means a student mental health screening program selected by a participating LEA and approved by the state board in consultation with the division.

(2) A participating LEA may implement a mental health screening for participating students using an evidence-based screening program.

(3) The state board shall:

(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:

(i) a process for a participating LEA to submit a selected screening program to the state board for approval;

(ii) in accordance with Title 53E, Chapter 9, Student Privacy and Data Protection, and the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, who may access and use a participating student's screening data; and

(iii) a requirement and a process for appropriate LEA or school personnel to attend annual training related to administering the screening program;

(b) in consultation with the division, approve an evidence-based student mental health screening program selected by a participating LEA that:

(i) is age appropriate for each grade in which the screening program is administered;

(ii) screens for the mental health conditions determined by the state board and division; and

(iii) is an effective tool for identifying whether a student has a mental health condition that requires intervention; and

(c) on or before November 30 of each year, submit a report on the screening programs to:

(i) the State Suicide Prevention Coalition created under Subsection 62A-15-1101(2); and

(ii) the Education Interim Committee in accordance with Section 53E-1-201.

(4) A participating LEA shall:

(a) in accordance with rules made by the state board under Subsection (3)(a), submit a selected screening program to the state board for approval;

(b) administer a screening program to participating students in the participating LEA;

(c) obtain prior written consent from a student's parent, that complies with Section 53E-9-203, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g, before the participating LEA administers the screening program to a participating student; and

(d) if results of a participating student's screening indicate a potential mental health condition, notify the parent of the participating student of:

(i) the participating student's results; and

(ii) resources available to the participating student, including any services that can be provided by the school mental health provider or by a partnering entity.

(5)(a) Within appropriations made by the Legislature for this purpose, the state board may distribute funds to a participating LEA to use to assist a qualifying parent to pay for resources described in Subsection (4)(d)(ii) that cannot be provided by a school mental health professional in the school setting.

(b) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for:

(i) determining whether a parent is eligible to receive the financial support described in Subsection (5)(a); and

(ii) applying for and distributing the financial support described in Subsection (5)(a).

(6) A school employee trained in accordance with rules made by the state board under Subsection (3)(a)(iii), who administers an approved mental health screening in accordance with this section in good faith, is not liable in a civil action for an act taken or not taken under this section.

§ 53F-2-525. Block grant funding for prevention programs in public education.

(1) As used in this section, "comprehensive prevention plan" means an lea's plan:

(a) To implement evidence-based early-intervention and prevention practices tailored to achieve outcomes and mitigate risk factors in a manner consistent with the following programs:

(i) Substance abuse prevention programs described in section 53e-3-522;

(ii) Gang prevention and intervention programs described in section 53f-2-410;

(iii) Youth suicide prevention programs described in section 53g-9-702; and

(iv) Positive behavior plans described in section 53g-10-407;

(b) That includes:

(i) Information on the impact of childhood trauma on student learning, including information advising educators against practicing medicine, giving a diagnosis, or providing treatment; and

(ii) Resiliency building skills; and

(c) That an lea designs in collaboration with the state board, as described in subsection (4)(a)(i), and with input from parents, students, educators, and student support staff within the lea.

(2) Subject to legislative appropriations, the state board shall distribute block grant funding to leas for use in accordance with subsection (5)(b)(iii) to implement a comprehensive prevention plan that the state board approves in accordance with subsection (3).

(3) In accordance with title 63g, chapter 3, utah administrative rulemaking act, the state board shall make rules to:

(a) Establish an application process that allows an lea to:

(i) Articulate the approach and rationale underlying the lea's comprehensive prevention plan,

(ii) Demonstrate the lea's specific prevention needs;

(iii) Provide data that supports the substance and cost of the lea's comprehensive prevention plan;

(iv) Outline the ways in which the lea will use the block grant funding in a united prevention effort to achieve the outcomes that the individual programs described in subsection (1) target; and

(v) Identify the specific outcomes described in subsection (3)(a)(iv) by which the lea will measure the success of the comprehensive prevention plan; and

(b) Establish additional grant application conditions.

(4) The state board shall:

(a) (i) Provide guidance to each lea that is preparing a prevention block grant funding application on the design and implementation of the lea's comprehensive prevention program;

(ii) Review each prevention block grant funding application for compliance and eligibility; and

(iii) Provide to each lea that receives block grant funding:

(a) Technical assistance that is tailored to the lea's specified prevention needs; and

(b) Targeted professional learning opportunities in evidence-based prevention practices;

(b) Evaluate and prioritize block grant funding applications under this section and individual funding needs for leas that choose to seek out funding for individual prevention programs, as described in subsection (5)(a), as the state board deems necessary to ensure the effectiveness of statewide prevention efforts.

(5) (a) An lea may seek block grant funding under this section or segregated funding for the individual programs described in subsection (1), based on the lea governing board's determination of specific prevention needs within the lea.

(b) Notwithstanding any other provision of law or state board rule, an lea that receives block grant funding under this section:

(i) Shall submit to the state board a report that:

(a) Accounts for the lea's use of the block grant funding; and

(b) Provides data points, including the measurement of the specified outcomes described in subsection (3)(a)(v), that demonstrate the effectiveness of the lea's comprehensive prevention plan;

(ii) Is not required to submit to the state board an individual report for each program described in subsection (1); and

(iii) May use block grant funding to:

(a) Implement the state board-approved comprehensive prevention plan;

(b) Carry out the prevention-focused parent seminars described in subsection 53g-9-703(2); and

(c) Other evidence-based prevention practices that the state board authorizes.

§ 53F-5-209. Grants for school-based mental health supports.

(1) As used in this section:

(a) "Elementary school" means a school that includes any one or all of grades kindergarten through grade 6.

(b) "Intergenerational poverty" means the same as that term is defined in Section 35A-9-102.

(c) "Qualifying personnel" means a school counselor or school social worker who:

(i) is licensed by the state board; and

(ii) collaborates with educators and a student's family or guardian on:

(A) early identification and intervention of a student's academic and mental health needs; and

(B) removing barriers to learning and developing skills and behaviors critical for a student's academic achievement.

(2) Subject to legislative appropriations and Subsection (3), the state board shall award a grant to an LEA to provide targeted school-based mental health support in an elementary school, including trauma-informed care, through employment of qualifying personnel.

(3) In awarding a grant under this section, the state board shall give:

(a) first priority to an LEA that proposes to target funds to one or more elementary schools with a high percentage of students exhibiting risk factors for childhood trauma; and

(b) second priority to an LEA that proposes to target funds to one or more elementary schools with a high percentage of students experiencing intergenerational poverty.

(4) To qualify for a grant, an LEA shall:

(a) submit an application to the state board that includes:

(i) measurable goals on improving student safety, student engagement, school culture, and academic achievement; and

(ii) how the LEA intends to meet goals submitted under Subsection (4)(a)(i) through the use of the grant funds; and

(b) provide local funds to match grant funds received under this section in an amount equal to one-half of the amount of the grant funds.

(5) An LEA may not replace federal, state, or local funds previously allocated to employ qualified personnel with funds distributed under this section.

(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules specifying:

(a) procedures for applying for and awarding grants under this section, including:

(i) a definition of risk factors for childhood trauma;

(ii) the duration of a grant; and

(iii) a schedule for submission of matching grant funds; and

(b) annual reporting requirements for grantees in accordance with Subsection (7).

(7) An LEA that receives a grant under this section shall submit an annual report to the state board, including:

(a) progress toward achieving the goals submitted under Subsection (4)(a)(i); and

(b) if the LEA decides to discontinue the qualifying personnel position, the LEA's reason for discontinuing the position.

(8) Beginning on or before July 1, 2019, the state board shall provide training that instructs educators on the impact of trauma on student learning, including information advising educators against practicing medicine, giving a diagnosis, or providing treatment.

§ 53G-9-203. Definitions–School personnel–Medical recommendations–Exceptions–Penalties.

(2) School personnel may:

(c) refer students to other appropriate school personnel and agents, consistent with local school board or charter school policy, including referrals and communication with a school counselor or other mental health professionals working within the school system.

(6) Notwithstanding Subsection (4), a school counselor or other mental health professional acting in accordance with Title 58, Chapter 60, Mental Health Professional Practice Act, or licensed through the state board, working within the school system may:

(a) recommend, but not require, a psychiatric or behavioral health evaluation of a child;

(b) recommend, but not require, psychiatric, psychological, or behavioral treatment for a child;

(c) conduct a psychiatric or behavioral health evaluation or mental health screening, test, evaluation, or assessment of a child in accordance with Section 53E-9-203; and

(d) provide to a parent, upon the specific request of the parent, a list of three or more health care professionals or providers, including licensed physicians, physician assistants, psychologists, or other health specialists.

§ 53G-9-703. Parent education–Mental health–Bullying–Safety.

(2) The state board shall:

(a) develop a curriculum for the parent seminar described in Subsection (1) that includes information on:

(i) substance abuse, including illegal drugs and prescription drugs and prevention;

(ii) bullying;

(iii) mental health, depression, suicide awareness, and suicide prevention, including education on limiting access to fatal means;

(iv) Internet safety, including pornography addiction; and

(v) the SafeUT Crisis Line established in Section 53B-17-1202; and

(b) provide the curriculum, including resources and training, to school districts upon request.

§ 62A-15-103. Division–Creation–Responsibilities.

(11) The division shall employ a school-based mental health specialist to be housed at the State Board of Education who shall work with the State Board of Education to:

(a) provide coordination between a local education agency and local mental health authority;

(b) recommend evidence-based and evidence informed mental health screenings and intervention assessments for a local education agency; and

(c) coordinate with the local community, including local departments of health, to enhance and expand mental health related resources for a local education agency.

§ 62A-15-114. Division–Creation–Responsibilities.

(1) As used in this section:

(a) "Grant" means a grant awarded by the division under this section to a person to develop and implement a project.

(b) "Project" means a telehealth mental health pilot project for which the division awards a grant.

(c) "Public school" means:

(i) a school district;

(ii) a school under the control of a school district;

(iii) a charter school; or

(iv) the Utah Schools for the Deaf and the Blind.

(d) "Telehealth mental health services" means mental health services provided remotely through the use of telecommunications technology.

(e) "Utah State Hospital" means the Utah State Hospital established in Section 62A-15-601.

(2)(a) On or before July 1, 2018, the division shall issue a project proposal request in accordance with this section to award a grant to:

(i) one or more local authorities to develop and implement one or more projects in one or more public schools in the state; or

(ii) the Utah State Hospital.

(b) An application for a project described in Subsection (2)(a) shall be submitted jointly by:

(i) a public school or the Utah State Hospital; and

(ii) a provider of telehealth mental health services.

(c) The division shall award all grants under this section before December 31, 2018.

(d) A project shall run for two years.

(3) The purpose of the telehealth mental health pilot program is to:

(a) determine how telehealth mental health services can best be used in the state to:

(i) increase access to mental health services by public school students;

(ii) increase the timeliness and effectiveness of mental health crisis intervention services for public school students;

(iii) reduce the cost associated with providing mental health services to public school students; and

(iv) increase access to mental health services by public school students in underserved areas of the state;

(b) identify best practices for providing telehealth mental health services to public school students in the state; and

(c) identify the best methods of using telecommunications technology to provide mental health services to public school students remotely.

(4) Persons who apply for a grant under this section shall:

(a) identify the population to which the proposed project will provide telehealth mental health services;

(b) explain how the population described in Subsection (4)(a):

(i) is currently underserved; and

(ii) will benefit from the provision of telehealth mental health services;

(c) provide details regarding:

(i) how the proposed project will provide the telehealth mental health services;

(ii) the projected costs of providing the telehealth mental health services;

(iii) the sustainability of the proposed project; and

(iv) the methods that the proposed project will use to:

(A) protect the privacy of students and patients;

(B) collect nonidentifying data relating to the proposed project; and

(C) provide transparency on the costs and operation of the proposed project; and

(d) provide other information requested by the division to ensure that the proposed project satisfies the criteria described in Subsection (5).

(5) In evaluating a proposal for a grant, the division shall consider:

(a) the extent to which the proposed project will fulfill the purposes described in Subsection (3);

(b) the extent to which the population that will be served by the proposed project is:

(i) currently underserved; and

(ii) likely to benefit from the proposed project;

(c) the cost of the proposed project;

(d) the viability and innovation of the proposed project; and

(e) the extent to which the proposed project will yield useful data to evaluate the effectiveness of the proposed project.

(6)(a) Within six months after the day on which the division awards a grant, the division shall report to the Health and Human Services Interim Committee regarding:

(i) each person who received a grant; and

(ii) the details of each project.

(b) Within six months after the day on which a project concludes, the division shall report to the Health and Human Services Interim Committee regarding:

(i) the success of each project;

(ii) data gathered in relation to each project;

(iii) knowledge gained from each project relating to the provision of telehealth mental health services;

(iv) proposals for the future use of telehealth mental health services in the state;

(v) obstacles encountered in the provision of telehealth mental health services; and

(vi) changes needed in the law to overcome obstacles to providing telehealth mental health services.

REGULATIONS

R277-461-5. Grant Recipient Requirements, Accountability, and Reporting.

(1) A grant recipient shall engage in systemic leadership and planning to align efforts in supporting school improvement and school-based mental health, based on the Utah School Counseling Program Model. […]

(4) Qualifying personnel funded by these grant funds shall:

(a) implement a systemic school-based mental health program.

R277-622-1. Authority and purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3 which vests general control and supervision over public education in the Board;

(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Section 53F-2-415 which requires the Board to makes rules that establish:

(i) procedures for submitting a plan for the School-based Mental Health Qualified Grant Program;

(ii) a distribution formula the Board will use to distribute funds to an LEA; and

(iii) annual reporting requirements for an LEA that receives funds pursuant to the School-based Mental Health Qualified Grant Program.

(2) The purpose of this rule is to establish the procedures for an LEA to receive a School-based Mental Health Qualified Grant including:

(i) plan submission process, format, and requirements;

(ii) funding distribution methods; and

(iii) additional requirements including reporting and accountability.

R277-622-2. Definitions.

(2) "Plan" means a School-based Mental Health Qualifying Grant plan described in Section R277-622-3.

(3) "Qualifying Personnel" means the same as the term is defined in Subsection 53F-2-415(1) including being licensed.

(5) "Related Services" means

a. mental-health or school nursing services provided by

i. qualifying personnel withing the scope of their practice;

ii. the local mental health authority; or

iii. or a private provider through a contract.

R277-622-3. School-based Mental Health Plan.

(1) To qualify for a School-based Mental Health Qualifying Grant, an LEA shall submit a plan to the Superintendent.

(2) The plan shall include:

(a) a three-year projection for the LEA's goals, metrics, and outcomes;

(b) requirements outlined in Subsection 53F-2-415(3);

c. a plan for how qualifying personnel will increase access to mental health services for students in need, including students who are underserved or at risk;

d. a process for utilization of qualifying personnel in participating with an LEA's multidisciplinary team as outlined in R277-400;

e. a timeline and process for school personnel training in trauma-informed practices, including documentation of compliance.

(3) Except as provided in Subsection (4), an LEA shall submit the LEA's plan no later than May 31 for a funding distribution to be made for the upcoming school year.

(4) An LEA's approved plan is valid for three years and may be required to be reapproved after three years of implementation.

(5) An LEA may submit a revised plan for approval by the board, in a manner described by the Superintendent, if the LEA identifies deficiencies with the LEA's ability to implement the LEA's plan including a change in available funding.

R277-625-1. Authority and purpose

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law;

(c) Section 53F-2-522 which directs the board to make rules regarding the selection of a mental health screener and financial aid for qualifying parents.

(2) The purpose of this rule is to:

(a) provide the approval process for a mental health screener chosen by an LEA; and

(b) establish the approval and distribution of funds for a qualifying parent to receive financial assistance for related mental health services.

R277-625-2. Definitions.

(1) "Division of Substance Abuse and Mental Health" or "DSAMH" means the same as the term is defined in Section 62A-15-103

(2) "Mental health" means a person's emotional, psychological, and social well-being which can affect how a person thinks, feels, and acts including how a person handles stress, relates to others, and makes healthy choices

(3) Mental health Screener" or "screener" means the use of a systematic tool or process:  

(a) to identify if a student is experiencing, or is at risk of experiencing, issues related to the student's mental health;

(b) for an early identification strategy to detect the onset of mental health conditions, enabling the mental health conditions to be potentially addressed; and

(c) that is not:

(i) a diagnostic tool or process; or

(ii) a system or process used by a student's teacher to observe behavior targeted learning interventions.

(4) "Mental health services" means the same as the term is defined in Subsection R523-1-3(3).

(5) "Qualifies for financial assistance" means a qualifying parent that has a student receiving educational services through an LEA who:

(a) receives free or reduced lunch; or

(b) as recommended by the local mental health authority, demonstrates need including being:

(i) uninsured;

(ii) underinsured

(iii) ineligible for Medicaid to cover part or all of any recommended mental health treatments; or

(iv) demonstrates a high need for interventions based upon results of the LEA's mental health screener.

(6) "Qualifying parent" means the same as the term is defined in Subsection 53F-2-522(1)(d).

(7) "Relevant services" means mental health services provided to a student that are directly related to mental health needs identified by a student's mental health screening.

R277-625-3. Approval of mental health screeners.

(1)(a) The Superintendent, in consultation with DSAMH, shall publish annually a list of pre-approved mental health screeners to the Board's website

(b) the published pre-approved list shall include:

(i) the name or brand of the mental health screener including a link to the screening program's website;

(ii) the recommended ages for the mental health screener;

(iii) any limitations of the mental health screener including the typical level of false positives;

(iv) the mental health conditions the mental health screener can detect; and

(v) the scientific data or research used to verify a screener is evidence-based.

(2) The Board shall approve:

(a) the pre-approved mental health screener list; and

(b) the mental health conditions for which a screener can be used.

(3) All pre-approved mental health screeners shall comply with the requirements as described in Title 53E, Chapter 9, Student Privacy and Data Protection, and the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g.

(4) An LEA that plans to administer a mental health screener shall notify the Superintendent by a deadline established by the Superintendent:

(a) if the LEA plans to:

(i) use a mental health screener from the Board's pre-approved list; or

(ii) apply to the Superintendent for approval of a mental health screener that is not on the pre- approved list as described in Subsection (5); and

(b) whether an LEA elects to participate in providing a qualifying parent with financial assistance.;

(5) If the LEA chooses to apply for use of a mental health screener that is not on the pre-approved list, the LEA shall submit an application in a form prescribed by the Superintendent specifying:

(a) the mental health screener proposed for use by the LEA;

(b) the reason for choosing the mental health screener over a screener from the pre-approved list;

(c) the approved mental health conditions the mental health screener measures;

(d) how the mental health screening program complies with all state and federal data privacy laws; and

(e) the scientific data or research demonstrating the mental health screener is evidence based and meets industry standards;

(f) why the mental health screener is age appropriate for each grade the screener is administered; and

(g) why the mental health screener is an effective tool for identifying whether a student has a mental health condition that requires intervention.

(6) The Superintendent shall review the application in consultation with DSAMH and approve or deny the application within 30 days of receipt.

(7) If the application is approved, the Superintendent shall submit the approved application to the Board for final approval.

(8) Subject to legislative appropriation, the Superintendent shall provide annually a maximum reimbursement amount an LEA may receive for use of a mental health screener.

(9) An LEA may request in writing a reimbursement from the Superintendent in an amount not to exceed the amount described in Subsection (8).

(10)(a) An LEA shall require relevant staff, who will be administering a mental health screener, to attend an annual mental health screener training provided by the Superintendent in collaboration with DSAMH;

(b) the training described in Subsection (10)(a) shall provide an LEA with information needed for appropriate parental consent including:

(i)consent shall be obtained:

(A) within eight weeks before administration of the mental health screener; and

(B) in accordance with Subsection 53E-9-203(4);

(ii) the consent form shall be provided separately from other consent forms given to a parent pursuant to other state or federal laws;

(iii) additional variables that might influence a screener's results; and

(iv) a statement that:

(A) the mental health screener is optional;

(B) a screener is not a diagnostic tool;

(C) a parent has the right to seek outside resources or opinions; and

(D) specifies which board approved mental health conditions the mental health screener measures.

(11) An LEA may not administer a mental health screener if the LEA has not attended the annual mental health screener training described in Subsection (10).

(12) An LEA shall report annually to the Superintendent aggregate data regarding the types of LEA provided mental health interventions, referrals, or other actions taken based on screener results.

 

 

 

American Institutes for Research

U.S. Department of Education

The contents of the National Center on Safe Supportive Learning Environments Web site were assembled under contracts from the U.S. Department of Education, Office of Safe and Supportive Schools to the American Institutes for Research (AIR), Contract Number  91990021A0020.

This Web site is operated and maintained by AIR. The contents of this Web site do not necessarily represent the policy or views of the U.S. Department of Education nor do they imply endorsement by the U.S. Department of Education.

©2024 American Institutes for Research — Disclaimer   |   Privacy Policy   |   Accessibility Statement