PRINTER'S NO. 2236
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1804
Session of
2023
INTRODUCED BY SCIALABBA, MARCELL, DIAMOND, M. MACKENZIE,
D'ORSIE, KAUFFMAN AND R. MACKENZIE, OCTOBER 31, 2023
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 31, 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 parental notification of implementation of mental health
services digital platform by school entity.
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. Parental Notification of Implementation of
Mental Health Services Digital Platform by School Entity.--(a)
A school entity that provides a student enrolled in the school
entity with access to and use of a mental health services
digital platform may not permit the student to access and use
the platform or facilitate access to the platform without
receiving specific written permission from the parent or legal
guardian of the student after being provided the notices
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required under subsection (f).
(b) The parent or legal guardian may, at any time, withdraw
permission in writing. Unless otherwise specified in writing by
the parent or legal guardian, the withdrawal of permission shall
take effect immediately upon delivery to a school official, and
the school shall immediately refrain from further facilitation
or promotion of access to the mental health digital platform.
(c) The school entity shall provide a written procedure and
a sample consent or withdrawal form in the school administration
office and on the school entity's publicly accessible Internet
website, if the school entity has one, for a parent or legal
guardian to provide or withdraw permission for the student to
access and use or receive materials designed to facilitate
access to the mental health services digital platform. The
consent or withdrawal form shall not be drafted or presented in
a manner that makes it more difficult to withhold or revoke
consent than it is to grant consent.
(d) Upon request, a parent or legal guardian of a student
may:
(1) be present with the student in an authorized school
setting while the student accesses and uses the mental health
services digital platform on school premises, unless good cause
for the exclusion of the parent or legal guardian is documented
by the governing board of the school entity; and
(2) access, review, refuse further collection of or delete
the personal information collected from the student online to
the extent allowed by 20 U.S.C. ยง 1232g (relating to family
educational and privacy rights) or other applicable Federal or
State law.
(e) A parent or legal guardian of a student who has given
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permission for the student to access and use or receive
materials that facilitate access to a mental health services
digital platform and who reasonably believes that the school
entity has denied the presence of the parent or legal guardian
while the student accesses and uses the platform on school
premises without good cause has a private right of action
against the governing body of the school entity.
(f) A school entity that provides or intends to provide a
student enrolled in the school entity with access to and use of
or promotes or otherwise facilitates the use of a mental health
services digital platform shall provide written notification to
a parent or legal guardian of the student of the intention or
activity at least thirty (30) days prior to implementation of
the platform or promotion, access, use of the platform or other
activity designed to accomplish the same by the student. The
notification shall include the following:
(1) A clear and detailed description of the platform in a
manner that provides a meaningful understanding to the parent or
guardian of the platform's practices, mission and structure,
including the platform's teachings, approach and philosophies,
lessons, available materials, activities and licenses.
(2) A statement that the school entity may not provide
access to, promote or otherwise facilitate the use of the
platform to a student without written permission of the
student's parent or legal guardian.
(3) A statement that the parent or legal guardian, upon
request, may be present with the student in an authorized school
setting while the student accesses or uses the platform on
school premises, unless good cause for the exclusion of the
parent or legal guardian is documented by the governing board of
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the school entity.
(4) A statement that the parent or legal guardian has a
private right of action against the governing board of the
school entity if the school entity fails to comply with
subsection (d).
(g) Definitions.--The following words and phrases as used in
this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Authorized school setting." A physical space designated by
a school entity for a parent or legal guardian of a student
enrolled in the school entity to accompany the student while the
student accesses or uses a mental health services digital
platform on the school premises.
"Mental health services." The provision of assistance or
counsel or preparation of a plan of assistance or counsel to a
student that relates to the mental health or well-being of the
student.
"Mental health services digital platform" or "platform." An
electronic Internet-based tool that provides for support,
prevention and treatment in mental health, including an online
student peer support community, integrated guided and self-
guided mental health assessment, therapeutic tools and content,
and clinical interaction with a mental health practitioner in
real time and via scheduled therapy through text-based
interactions.
"School entity." A school district, charter school, regional
charter school, cyber charter school, intermediate unit or area
career and technical school.
Section 2. This act shall take effect in 60 days.
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