PRINTER'S NO. 2810
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2022
Session of
2022
INTRODUCED BY KAUFER, SCHLOSSBERG, HENNESSEY, HILL-EVANS,
PICKETT, GUENST AND FARRY, MARCH 9, 2022
REFERRED TO COMMITTEE ON EDUCATION, MARCH 9, 2022
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 preliminary provisions, providing
for school-based behavioral health assistance.
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 130. School-Based Behavioral Health Assistance.--(a)
A school entity may place a behavioral health representative
under the supervision of the superintendent or other chief
administrative officer of the school entity or a designee, who
may communicate and interact with students at the school entity
to provide social and mental health support assistance. The
behavioral health representative may utilize any of the
following:
(1) Evidence-based programs for students that provide:
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(i) a positive school climate;
(ii) crisis management;
(iii) suicide prevention strategies; or
(iv) skills to communicate with peers and adults, manage
emotions, setting goals, establishing and maintaining positive
relationships and making responsible decisions that support
success in school and life.
(2) Early intervention services for students to deal with
grief, trauma, anger, anxiety or sadness.
(b) A school entity may have one or more behavioral health
representatives who:
(1) May be stationed at more than one school in the school
entity.
(2) Have met the requirements under sections 111, 111.1 and
1109(a) and 23 Pa.C.S. Ch. 63 Subch. C (relating to powers and
duties of department).
(3) Are not employees of the school entity.
(c) A school entity shall develop a policy and plan to
provide social and mental support services for all students.
(d) A school entity shall enter into a memorandum of
understanding with the behavioral health assistance entity with
which the behavioral health representative is affiliated or
employed. The memorandum of understanding shall outline space,
supplies, equipment, cost responsibilities and student privacy
requirements. The memorandum of understanding shall be
supplemented or updated as necessary and shall specify the
following:
(1) The name of the school entity and each school in which
the student communication and interaction will occur.
(2) The name of the point of contact within the behavioral
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health assistance entity that shall receive updates on the
activities of the behavioral health representative.
(3) The name of and schedule for the behavioral health
representative.
(4) The nature and extent of the ongoing communications
between the school entity and behavioral health assistance
entity.
(5) Necessary procedures to address confidentiality, school
security and the safety of each student, behavioral health
representative and school superintendent or other chief
administrative officer of a school entity or their designee.
(6) Any other provisions deemed necessary by the school
entity or behavioral health assistance entity.
(e) The name of the behavioral health representative shall
be noted in the school record of each student who interacts with
the behavioral health representative.
(f) Except as otherwise provided by court order, notice and
the information under subsection (e) shall be provided to the
student's parent, legal guardian, foster parent or other
education decision maker.
(g) Within ninety (90) days of the effective date of this
section, the Department of Education, in conjunction with the
Department of Human Services, shall develop guidelines to
implement the provisions of this section. Upon development of
the guidelines, the Department of Education shall post the
guidelines on its publicly accessible Internet website.
(h) The Department of Education may solicit and accept
Federal, State and private money to assist a school entity with
implementing this section.
(i) As used in this section, the following words and phrases
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shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Behavioral health assistance entity." An entity that is a:
(1) county behavior and mental health service;
(2) county social service; or
(3) community partner for social or mental health
organization or agency.
"Behavioral health representative." An individual who is a
volunteer with a behavioral health background or is employed by
a behavioral health assistance entity.
"School entity." A school district, area career and
technical school, intermediate unit, charter school, regional
charter school and cyber charter school.
Section 2. This act shall take effect immediately.
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