PRINTER'S NO. 3750
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2057
Session of
2015
INTRODUCED BY D. MILLER, WARD, CALTAGIRONE, V. BROWN, D. COSTA,
PASHINSKI, STAATS, ORTITAY, BULLOCK, McNEILL, M. DALEY,
PHILLIPS-HILL, DeLUCA, TRUITT, ROZZI, KORTZ, KOTIK, ROEBUCK
AND ZIMMERMAN, AUGUST 5, 2016
REFERRED TO COMMITTEE ON EDUCATION, AUGUST 5, 2016
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school health services, providing
for brain health and mental health checkups.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1425. Brain Health and Mental Health Checkups.--(a)
Except as provided in subsection (f), before a student reaches
fourteen (14) years of age, each school district in this
Commonwealth shall obtain from the student's parent or guardian
a written confirmation statement that the student has received a
brain health and mental health checkup, which at a minimum shall
include a depression screening.
(b) No later than the start of the school year in which a
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student will reach thirteen (13) years of age, each school
district shall provide notice to the student's parent or
guardian of the requirement under subsection (a). The notice
shall:
(1) explain who may administer the screening;
(2) describe how a parent or guardian may opt out of the
requirement;
(3) state that the completed screening need not be shared
with the school district; and
(4) specify clearly that the decision to do the screening,
where to do the screening and whether to act on any screening
recommendation rests entirely with the student's parent or
guardian in accordance with law.
(c) The Department of Education, in conjunction with the
Department of Health and the Department of Human Services, shall
make available through online sources and in printed materials
information that at a minimum explains:
(1) the importance of screening and the impact of untreated
mental health issues on adolescents specifically;
(2) the requirements of this section and the role of school
districts as prescribed; and
(3) privacy requirements and related parental rights and
decisions.
(d) The Department of Education, in consultation with the
Department of Health and the Department of Human Services, may
convene a task force to include school psychologists, licensed
psychologists and pediatricians to develop or choose a
standardized evidence-based screening tool that comports with
the requirements of this section.
(e) The Department of Education or a school district may
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enhance the requirement under subsection (a) to include
additional screening items or increase the frequency of the
screening if any enhancement is applied universally and in
accordance with this section.
(f) A student's parent or guardian may opt out of the
requirement under subsection (a) by providing written
notification to the school district of the decision to opt out.
The notification need not state a reason for the decision.
(g) A brain health and mental health checkup shall be
conducted by a person trained to administer the screening. The
person conducting the screening shall provide to the student's
parent or guardian the results of the screening and a written
confirmation statement affirming the date of the student's
completed screening. The written confirmation statement shall be
submitted by the student's parent or guardian to the school
district prior to the student's fourteenth birthday.
(h) A school district may offer the screening under this
section directly or indirectly, but the student's parent or
guardian shall be encouraged to have the student examined
privately to provide for continuity in the student's medical
care.
(i) Nothing in this section shall be interpreted to negate
Federal or State privacy requirements.
(j) The screening or lack of screening may not be included
in the academic records of the student.
(k) If a student reaches fourteen (14) years of age after
the effective date of this section and prior to September 1,
2018, the student's school district shall provide notice to the
student's parent or guardian if the student is not subject to
the requirements of this section. The notice shall include
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information developed under subsection (c).
(l) This section shall apply to each student who reaches
fourteen (14) years of age on or after September 1, 2018, and
that student's parent or guardian shall comply with the
requirements of this section.
(m) The Department of Education shall promulgate regulations
necessary to implement this section.
Section 2. This act shall take effect in 60 days.
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