PRINTER'S NO. 793
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
650
Session of
2019
INTRODUCED BY COSTA, FONTANA, SANTARSIERO, BREWSTER, BLAKE AND
HUGHES, MAY 17, 2019
REFERRED TO EDUCATION, MAY 17, 2019
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 intermediate units, repealing
provisions relating to psychological services; in
professional employees, providing for school social workers;
and, in school health services, further providing for health
services and providing for school counselors, school
psychologists and school social workers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 923.1-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
repealed:
[Section 923.1-A. Psychological Services.--(a) Legislative
Finding; Declaration of Policy. It is today recognized that
diagnostic and evaluative psychological services to children are
closely related to their physical, mental and emotional health.
Such services can best be rendered upon the premises of the
school which the child regularly attends, and forcing children
to go to other premises in order to have such needed services is
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found by the General Assembly to be both inadequate and harmful.
The General Assembly expressly finds and declares diagnostic and
evaluative psychological services for children to be health
services, and it is the intention of the General Assembly now to
make these available, on a general and even-handed basis, to all
school children in the Commonwealth.
(b) Definitions.--The following terms, whenever used or
referred to in this section, shall have the following meanings,
except in those circumstances where the context clearly
indicates otherwise:
"Nonpublic school" means any nonprofit school, other than a
public school within the Commonwealth of Pennsylvania, wherein a
resident of the Commonwealth may legally fulfill the compulsory
school attendance requirements and which meets the requirements
of Title VI of the Civil Rights Act of 1964 (Public Law 88-352).
"Psychological services" means diagnostic and evaluative
psychological services for children.
(c) Provision of Services.--The Secretary of Education
directly, or through the intermediate units out of their
allocation under section 922.1-A of this act shall have the
power and duty to furnish free to nonpublic school students,
upon the premises of the nonpublic schools which they regularly
attend, psychological services provided that such services are
also afforded to public school students by the public school
district in which such nonpublic school is located.]
Section 2. The act is amended by adding a section to read:
Section 1107.1. School Social Workers.--(a) A school entity
that employs a school social worker must require the individual
to hold an educational specialist certificate for school social
worker issued by the Department of Education.
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(b) The requirements of subsection (a) shall not apply when
the individual:
(1) meets the exception for a school social worker as set
forth in section 20(a.1) of the act of July 9, 1987 (P.L.220,
No.39), known as the "Social Workers, Marriage and Family
Therapists and Professional Counselors Act"; or
(2) is employed as or performing the duties of a school
social worker in a school entity in this Commonwealth and holds
either a social worker license issued by the Department of State
or another certificate issued by the Department of Education
prior to the development of an educational specialist
certificate for school social worker by the Department of
Education under subsection (c).
(c) The Department of Education shall develop an educational
specialist certificate for school social worker no later than
sixty (60) days after the effective date of this section.
(d) For the purposes of this section, the term "school
entity" shall mean a public school district, intermediate unit,
charter school, cyber charter school, regional charter school or
area vocational-technical school.
Section 3. Section 1402(b) and (e) of the act are amended to
read:
Section 1402. Health Services.--* * *
(b) For each child of school age, a comprehensive health
record shall be maintained by the school district or joint
school board, which shall include the results of the tests,
measurements and regularly scheduled examinations and special
examinations [herein specified], including examinations and
assessments under section 1425.
* * *
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(e) [The school] Except as provided in section 1425:
(1) School physicians of each district or joint board shall
make a medical examination and a comprehensive appraisal of the
health of every child of school age, (1) upon original entry
into school in the Commonwealth, (2) while in sixth grade, (3)
while in eleventh grade, and (4) prior to the issuance of a farm
or domestic service permit unless the child has been given a
scheduled or special medical examination within the preceding
four months.
(2) The health record of the child shall be made available
to the school physician at the time of the regularly scheduled
health appraisals.
* * *
Section 4. The act is amended by adding a section to read:
Section 1425. School Counselors, School Psychologists and
School Social Workers.--(a) Every student of school age shall
be provided with school counseling, psychological and social
work services. The ratio for each type of service shall be as
follows:
(1) the number of students under the care of each school
counselor may not exceed two hundred fifty (250);
(2) the number of students under the care of each school
psychologist may not exceed five hundred (500); and
(3) the number of students under the care of each school
social worker may not exceed two hundred fifty (250).
(b) School counselors, school psychologists and school
social workers shall collaborate to deliver intervention,
assessment and support services to students. School counselors,
school psychologists and school social workers shall work with
other school professionals, including school administrators,
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teachers, school physicians, school nurses and school dental
hygienists to deliver intervention, assessment and support
services to students.
(c) For each student, for inclusion in the health record
required under section 1402(b), school counselors, school
psychologists and school social workers shall collaborate to
keep a record of a student's mental or behavioral health status.
(d) The Secretary of Health, in cooperation with the
Secretary of Education and the Secretary of Drug and Alcohol
Programs, shall develop diagnostic tools that may be used by
school counselors, school psychologists and school social
workers.
(e) School counselors, school psychologists and school
social workers shall conduct examinations in a room that is
equipped for examinations and which are equipped with adequate
facilities.
(f) Parents or guardians of students shall be advised in
advance of the date of an examination and urged to be present.
An examination shall be made in the presence of the parent or
guardian of the student if requested by the parent or guardian.
(g) Recommendations as to mental or behavioral health care
shall be sent to each parent or guardian on forms prepared or
approved by the Secretary of Health with instructions to the
parent or guardian to notify the school authorities of the
action taken with respect to the recommendations.
(h) In lieu of an examination required under this section, a
student may furnish local school officials with a report of an
examination made at the student's own expense by the student's
family psychiatric or psychological counselor on a form approved
by the Secretary of Health. An examination under this subsection
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shall be made and the report shall be furnished prior to the
date fixed for the regularly scheduled examination but not
earlier than four (4) months prior to the opening of the school
term during which the regular examination is scheduled.
(i) (1) Each health record established and maintained under
this section shall be confidential and the contents of the
health records shall be divulged only if necessary for the
health of the student or at the request of the parent or
guardian, to a physician, psychiatrist or psychologist legally
qualified to practice in this Commonwealth.
(2) For a student who enrolls in a school entity and who
previously attended a different school entity within this
Commonwealth, the school entity where the student is newly
enrolled shall request and the school entity where the student
previously attended shall surrender the health record of the
student. A school entity may not destroy a student's health
record collected under this section for a period of at least two
(2) years after the student ceases to be enrolled, but may
surrender all or a portion the student's health record to the
student's parent or guardian if the student does not re-enroll
in a school entity.
(j) As used in this section:
"Department" means the Department of Education of the
Commonwealth.
"School counselor" means a licensed professional counselor as
defined in section 16.3 of the act of July 9, 1987 (P.L.220,
No.39), known as the "Social Workers, Marriage and Family
Therapists and Professional Counselors Act," and who holds a
valid certificate for Elementary and Secondary School Counselor
issued by the department to be employed by and working within a
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school entity.
"School entity" means a public school, including a charter
school or cyber charter school, private school, nonpublic
school, regional charter school, intermediate unit or area
vocational-technical school, operating within this Commonwealth.
"School psychologist" means a licensed psychologist as
provided for in section 3 of the act of March 23, 1972 (P.L.136,
No.52), known as the "Professional Psychologists Practice Act,"
and who holds a valid certificate for School Psychologist issued
by the department to be employed by and working within a school
entity.
"School social worker" means a licensed social worker or a
licensed clinical social worker as those terms are defined in
section 3 of the "Social Workers, Marriage and Family Therapists
and Professional Counselors Act," employed by and working within
a school entity or meets the exception for a school social
worker as set forth in section 20 of the "Social Workers,
Marriage and Family Therapists and Professional Counselors Act "
and who holds an educational specialist certificate for school
social worker under section 1107.1(c).
Section 5. This act shall take effect in 60 days.
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