PRINTER'S NO. 3024
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2095
Session of
2018
INTRODUCED BY D. MILLER, WARD, KINSEY, MURT, V. BROWN,
CALTAGIRONE, BULLOCK, D. COSTA, SIMS, SCHLOSSBERG, McNEILL,
MATZIE, ROZZI, ORTITAY, M. QUINN AND DeLUCA,
FEBRUARY 16, 2018
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 16, 2018
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 early intervention depression screening.
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. Early Intervention Depression Screening.--(a)
Each child of school age shall receive a depression screening no
later than the child's entrance into sixth grade and thereafter
in accordance with the schedule for mandated medical
examinations under section 1402(e). The comprehensive health
record for the child shall include written confirmation from the
child's physician or other qualified health care professional
that the screening was completed.
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(b) Each school entity shall provide notice to the parent or
guardian of each child of school age of the requirement under
subsection (a) on a form developed by the Department of Health.
The notice shall do all of the following:
(1) Explain that a physician or other qualified health care
professional shall conduct the depression screening as required
under subsection (a) and provide written confirmation that the
screening was completed to the school entity in which the child
is enrolled or, for a child of school age enrolled in a home
education program, in which the child would be enrolled as a
result of the child's residence.
(2) Detail how a parent or guardian may opt out of the
requirement by providing a written statement to the school
entity.
(3) Specify that the decision to act on screening results
rests entirely with the parent or guardian.
(4) State that the school entity will not receive the
results of the screening unless the parent or guardian chooses
to share the results of the screening with the school entity.
(5) State that, if the parent or guardian chooses to share
the results of the screening with the school entity and the
screening indicates the presence of thoughts or behaviors often
associated with a diagnosis of depression, the school entity
shall refer the child for an evaluation under the Individuals
with Disabilities Education Act (Public Law 91-230, 20 U.S.C. §
1400 et seq.) or under section 504 of the Rehabilitation Act of
1973 (Public Law 93-112, 29 U.S.C. § 794) and notify the parent
or guardian at the point of referral, but the evaluation may not
be performed unless the parent or guardian consents to the
evaluation.
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(c) The Department of Health, in conjunction with the
Department of Education, shall produce materials that:
(1) At a minimum explain the following:
(i) The importance of early diagnosis for mental health and
common challenges for students with undiagnosed or untreated
depression.
(ii) Related Federal and State privacy protections and
parental rights in relation to the health requirements of
children of school age.
(2) Are made available to school entities in print format
and posted on the publicly accessible Internet websites of the
Department of Health and the Department of Education.
(d) The academic records of a child of school age shall not
include the child's screening results or information indicating
whether a screening was completed under this section.
(e) The Department of Health shall amend the standard
private or school physical examination form regarding a child of
school age to include confirmation by the child's physician or
other qualified health care professional that a depression
screening was completed consistent with the requirements of this
section and to state that the school entity will not receive the
results of the screening unless the parent or guardian chooses
to share the results of the screening with the school entity.
The physician or other qualified health care professional who
completes the screening may use this form or a form that
provides substantially similar information to provide
confirmation of the screening to the school entity of the child.
(f) Nothing in this section shall be construed to create,
establish or expand civil or criminal liability on the part of a
school entity or school employe.
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(g) Within ninety (90) days of the effective date of this
section, each school entity shall adopt a policy concerning the
school entity's response if it is provided with a depression
screening indicating that a child of school age has thoughts or
engages in behaviors that are often associated with a diagnosis
of depression.
(h) The Department of Health shall promulgate regulations
necessary to implement this section.
(i) As used in this section, "school entity" shall mean a
school district, charter school, cyber charter school, regional
charter school, area vocational-technical school, intermediate
unit or nonpublic school in this Commonwealth.
Section 2. This act shall take effect August 1, 2018.
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