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PRINTER'S NO. 1803
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1181
Session of
2018
INTRODUCED BY RESCHENTHALER, ARGALL, VULAKOVICH, BOSCOLA AND
REGAN, MAY 30, 2018
REFERRED TO EDUCATION, MAY 30, 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)
All children of school age shall receive a depression screening
while in sixth grade and thereafter in accordance with the
schedule for mandated medical examinations under section
1402(e). The comprehensive health examination for a child of
school age shall include written confirmation from the child's
physician or other qualified health care professional that the
screening was completed.
(b) All school entities of this Commonwealth shall ensure
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parents and guardians are effectively notified of the
requirement under subsection (a). 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 the school entity in which the
child is enrolled with written confirmation that the screening
was completed.
(2) State that a parent or guardian may opt out of the
depression screening required under subsection (a).
(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 the following:
(i) 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:
(A) to the school's student assistance program;
(B) to the school psychologist for evaluation; or
(C) for 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).
(ii) The parent or guardian shall be notified at the point
of referral and that an evaluation under this paragraph may not
be performed unless the parent or guardian consents to the
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evaluation.
(c) The Department of Health, in conjunction with the
Department of Education, shall make available materials:
(1) That 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) To school entities in print format, which shall also be
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.
(e) The Department of Health shall amend the standard
private or school physical examination of school age student
form to accommodate the depression screening required under
subsection (a). The form shall require the physician or other
qualified health care professional completing the form to
indicate confirmation that a depression screening was completed
or not completed or that the parent or guardian of the student
opted out of the screening. 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 or that the
parent or guardian has opted out of the screening to the school
entity of the child of school age.
(f) Nothing in this section shall be construed to create,
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establish or expand civil or criminal liability on the part of a
school entity or school employe.
(g) Within ninety (90) days of the effective date of this
section, each school entity shall adopt or revise existing
procedures concerning the school entity's response if it is
provided with a depression screening indicating that a student
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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