Vermont H 818: An act relating to mental health screening in schools

Bill Text

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VT LEG #384844 v.1
H.818 1
Introduced by Representative Berbeco of Winooski 2
Referred to Committee on 3
Date: 4
Subject: Health; mental health; education; mental health screenings 5
Statement of purpose of bill as introduced: This bill proposes to establish a 6
voluntary mental health screening program in schools. 7
An act relating to mental health screening in schools 8
It is hereby enacted by the General Assembly of the State of Vermont: 9
Sec. 1. 16 V.S.A. § 1433 is added to read: 10
§ 1433. MENTAL HEALTH SCREENING PROGRAM 11
(a) As used in this subchapter: 12
(1) “Agency” means the Agency of Education. 13
(2) “Department” means the Department of Mental Health. 14
(b) The Agency, in collaboration with the Department, shall develop and 15
administer a program authorizing each supervisory union to provide or arrange 16
for the provision of evidence-based mental health screening services within the 17
schools it oversees. The mental health screening services provided pursuant to 18
this section shall be approved by the Agency, in consultation with the 19

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Department. Mental health screening services provided by a supervisory union 1
shall: 2
(1) be age appropriate for each grade served; 3
(2) screen for those mental health conditions determined by the Board of 4
Education in rule; and 5
(3) effectively identify whether a student has a mental health condition 6
requiring intervention or treatment. 7
(c) Pursuant to 3 V.S.A. chapter 25, the State Board of Education, in 8
collaboration with the Department, shall adopt rules for the administration of 9
this program that address the following: 10
(1) the process for a supervisory union to notify the Agency of its 11
decision to participate in the mental health screening program; 12
(2) access to and use of a participating student’s screening data 13
consistent with the federal Family Educational Rights and Privacy Act, 20 14
U.S.C. § 1232g and 34 C.F.R. Part 99 (FERPA), and any relevant provisions of 15
State law; 16
(3) annual training requirements related to the mental health screening 17
program; 18
(4) specific mental health conditions that the mental health screening 19
services seek to identify; and 20

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(5) the process and specific criteria for distribution of financial support 1
pursuant to subsection (e) of this section. 2
(d) On or before July 1 of each year, a supervisory union shall notify the 3
Agency, in a manner specified in rule, as to whether the supervisory union 4
intends to participate in the mental health screening program for the following 5
academic year. A participating supervisory union shall: 6
(1) select and seek approval from the Department regarding the mental 7
health screening services it plans to offer as part of its participation in the 8
program; 9
(2) annually notify parents and guardians with a student in the 10
supervisory union that the parent or guardian may choose to have the student 11
screened for mental health conditions; 12
(3) obtain prior written consent from a student’s parent or guardian prior 13
to conducting a mental health screening in manner that complies with FERPA; 14
(4) provide or cause to be provided the approved mental health 15
screening services to participating students; 16
(5) notify parents and guardians of the results of a participating student’s 17
mental health screening; 18
(6) discuss resources with the parents and guardians of a participating 19
student who screens positive for a potential mental health condition; and 20

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(7) use funds distributed by the Agency for expenses related to 1
participation in the program pursuant to subsection (e) of this section, 2
including services for certain students screening positive for a mental health 3
condition. 4
(e) To the extent funds permit, the Agency shall distribute funds 5
appropriated for this purpose to supervisory unions participating in the mental 6
health screening program established in this section. Of the funds available for 7
the mental health screening program, 90 percent shall be distributed to 8
participating supervisory unions based on the previous year’s average daily 9
membership count and 10 percent shall be available as needed to participating 10
supervisory unions that have exhausted other funds distributed for this purpose. 11
Funds distributed pursuant to this subsection shall be used to fund mental 12
health screening services and trainings for school personnel, and for those 13
services recommended to a student screening positive for a potential mental 14
health condition when a parent or guardian does not have the financial 15
resources to provide the recommended services. 16
(f) A school employee receiving training pursuant to this chapter shall be 17
immune from civil or criminal liability with rega