PRINTER'S NO. 1521
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1367
Session of
2023
INTRODUCED BY DALEY, MADDEN, HILL-EVANS, KINSEY, DELLOSO,
SANCHEZ, KHAN, SCOTT, NEILSON, RABB AND CEPEDA-FREYTIZ,
JUNE 12, 2023
REFERRED TO COMMITTEE ON EDUCATION, JUNE 12, 2023
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 mental health awareness for student athletes, parents,
guardians and coaches.
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 1426. Mental Health Awareness for Student Athletes,
Parents, Guardians and Coaches.--(a) The following apply to
educational materials:
(1) The department and the Department of Education shall
develop and post on their publicly accessible Internet websites
guidelines and other relevant materials to inform and educate
students participating in or desiring to participate in an
athletic activity, their parents or guardians and their coaches
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about the nature and warning signs of mental health distress,
mental health illness and related issues.
(2) In developing the guidelines and materials described
under clause (1), the department and the Department of Education
may utilize existing materials developed by mental health
organizations.
(3) A student participating in or desiring to participate in
an athletic activity and the student's parent or guardian shall,
each school year and prior to participation by the student in an
athletic activity, sign and return to the student's school an
acknowledgment of receipt and review of the information sheet
developed under this subsection regarding the nature and warning
signs of mental health distress, mental health illness and
related issues. The information sheet shall also include
resources available to the student athletes, parents, guardians
and coaches regarding mental health distress, mental health
illness and related issues.
(b) A school entity may hold an informational meeting prior
to the start of each athletic season for all ages of competitors
regarding mental health awareness and the nature and warning
signs of mental health distress, mental health illness and
related issues. The informational meeting may include students,
parents, guardians, coaches and other school officials, athletic
trainers and health care professionals, including physicians,
psychiatrists, psychologists, nurses, counselors and other
mental health professionals.
(c) The following apply to training courses:
(1) Once each school year, a coach of an athletic activity
shall complete a mental health awareness training course offered
by a provider approved by the department.
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(2) A coach of an athletic activity may not coach the
athletic activity until the coach completes the training course
required under this subsection.
(d) The governing body of a school entity shall establish
the following minimum penalties for a coach found in violation
of the requirements under subsection (c), which penalties shall
take effect two years following the effective date of this
subsection:
(1) For a first violation, suspension from coaching any
athletic activity for the remainder of the season.
(2) For a second violation, suspension from coaching any
athletic activity for the remainder of the season and for the
next season.
(3) For a third violation, permanent suspension from
coaching any athletic activity.
(e) The sponsors of youth athletic activities not associated
with a school entity are encouraged to follow the guidance
stated in this section.
(f) Nothing in this section shall be construed to:
(1) abridge or limit any rights provided under a collective
bargaining agreement in effect on the effective date of this
subsection or any rights provided under the act of July 23, 1970
(P.L.563, No.195), known as the "Public Employe Relations Act";
or
(2) create, establish, expand, reduce, contract or eliminate
any civil liability on the part of a school entity or school
employe.
(g) As used in this section--
"Athletic activity" means all of the following:
(1) Interscholastic athletics.
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(2) An athletic contest or competition, other than
interscholastic athletics, that is sponsored by or associated
with a school entity, including cheerleading, club-sponsored
sports activities and sports activities sponsored by school-
affiliated organizations.
(3) Noncompetitive cheerleading that is sponsored by or
associated with a school entity.
(4) Practices, interschool practices and scrimmages for all
of the activities listed under clauses (1), (2) and (3).
"Department" means the Department of Health of the
Commonwealth.
"Interscholastic athletics" means as defined in section 1602-
A.
"School entity" means as defined in section 1602-A.
Section 2. This act shall take effect in 60 days.
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