South Carolina H 3478: Donnie McClurkin

Bill Text

2025-2026 Bill 3478 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3478

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"MENTAL HEALTH IN SCHOOLS ACT" BY ADDING SECTION 59-1-373 SO AS TO ESTABLISH 
THE GOAL OF OFFERING ANNUAL MENTAL HEALTH SCREENINGS TO STUDENTS IN GRADES SIX THROUGH 
TWELVE TO REDUCE RISKS RELATED TO STUDENTS' UNMET MENTAL AND BEHAVIORAL HEALTH 
NEEDS AND IMPROVE PHYSICAL AND MENTAL HEALTH OUTCOMES FOR YOUNG PEOPLE IN THIS 
STATE, TO CREATE THE MENTAL HEALTH SCREENING PROGRAM IN THE STATE DEPARTMENT OF 
EDUCATION AND TO PROVIDE THE PURPOSE AND RESPONSIBILITIES OF THE PROGRAM, TO 
PROVIDE OTHER SERVICES AND REQUIREMENTS CONCERNING MENTAL AND BEHAVIORAL HEALTH 
SERVICES TO STUDENTS, AND TO PROVIDE RELATED RESPONSIBILITIES OF THE STATE 
DEPARTMENT OF HEALTH AND HUMAN SERVICES, AMONG OTHER THINGS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Mental Health in Schools Act."

SECTION 2. Article 5, Chapter 1, Title 59 of the S.C. Code is 
amended by adding:

 Section 
59-1-373. (A)(1) It is a goal of 
this State to offer annual mental health screenings to students in grades six 
through twelve to reduce risks related to students' unmet mental and behavioral 
health needs and improve physical and mental health outcomes for young people.

 (2) 
The Mental Health Screening Program is created in the State Department of 
Education to identify potential risks related to unmet mental or behavioral 
health needs of students in grades six through twelve annually and to provide a 
student who has a mental or behavioral health concern with resources and 
referrals to address the mental or behavioral needs of the student.

 (3) 
The department shall consult with the Department of Health and Human Services 
and Department of Mental Health to make recommendations for the purposes of 
identifying priority counties and school districts for the implementation of 
the program. The department shall collaborate with the Department of Mental 
Health to prioritize school districts that have a high percentage of students 
enrolled in Medicaid and a high number of referrals to the State's mental 
health crisis line. The department shall target expansion by twenty percent 
annually until all eligible schools are participating.

 (4) 
An eligible school shall administer an annual mental health screening. Any 
school receiving public funding may be a participating school. The department 
shall promulgate regulations necessary to implement and administer the 
provisions of this section.

 (5) 
A mental health screening must:

 (a) 
be administered at the participating school in the manner prescribed by the 
department;

 (b) 
be administered by a screener who meets the requirements established by the 
department;

 (c) 
use an evidence-based screening tool approved by the department to administer 
the screening;

 (d) 
be made available in a student's native language; and

 (e) 
be deliverable in formats as necessary to be accessible to all students.

 (6) 
A participating school shall provide written notice to a student's parent or 
guardian within the first two weeks of the school year that a mental health 
screening will be administered at the school. The written notice must include:

 (a) 
the purpose of the screening;

 (b) 
the screener to administer the screening;

 (c) 
the date and time the mental health screening is scheduled;

 (d) 
a statement that the parent or guardian will be notified following any mental 
health screening if additional resources or referrals are necessary to address 
the student's mental health concerns;

 (e) 
a statement notifying the parent or guardian that he has the right to opt the 
child out of participating in the mental health screening, and that provides 
information on how to opt out, and the timeframe for opting out, which must be 
a time frame of at least fourteen days; and

 (f) 
any other information determined necessary by the department or participating 
school.

 (7) 
A parent or guardian has the authority to opt out of their child's 
participation in the mental health screening in a non-onerous manner prescribed 
by the participating school, such as signing an opt-out form.

 (8) 
Each participating school or district shall publish on its website a 
description of the evidence-based screening tool that will be used, the 
parental or guardian consent form, policies and procedures related to the 
administration of mental health screenings, and other materials related to the 
mental health screening performed pursuant to this section. Completed mental 
health screenings may never be published and use of the collected information 
must meet the requirem