Trial Engrossment of Amendment A04540 to House Bill 1367 P.N. 3071, Regular Session 2023-2024

A04540

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1367

Session of

2023

INTRODUCED BY DALEY, MADDEN, HILL-EVANS, KINSEY, DELLOSO,

SANCHEZ, KHAN, SCOTT, NEILSON, RABB, CEPEDA-FREYTIZ, GREEN

AND OTTEN, JUNE 12, 2023

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 7, 2024

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 mental health awareness for student athletes, parents,

guardians and coaches STUDENT MENTAL HEALTH AWARENESS.

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. Mental Health Awareness for Student Athletes,

Parents, Guardians and Coaches.--(a) The following apply to

educational materials:

(1) The department and the Department of Education shall

develop and post on their publicly accessible Internet websites

guidelines and other relevant materials to inform and educate

students participating in or desiring to participate in an

athletic activity, their parents or guardians and their coaches

about the nature and warning signs of mental health distress,

mental health illness and related issues.

(2) In developing the guidelines and materials described

under clause (1), the department and the Department of Education

may utilize existing materials developed by mental health

organizations.

(3) A student participating in or desiring to participate in

an athletic activity and the student's parent or guardian shall,

each school year and prior to participation by the student in an

athletic activity, sign and return to the student's school an

acknowledgment of receipt and review of the information sheet

developed under this subsection regarding the nature and warning

signs of mental health distress, mental health illness and

related issues. The information sheet shall also include

resources available to the student athletes, parents, guardians

and coaches regarding mental health distress, mental health

illness and related issues.

(b) A school entity may hold an informational meeting prior

to the start of each athletic season for all ages of competitors

regarding mental health awareness and the nature and warning

signs of mental health distress, mental health illness and

related issues. The informational meeting may include students,

parents, guardians, coaches and other school officials, athletic

trainers and health care professionals, including physicians,

psychiatrists, psychologists, nurses, counselors and other

mental health professionals.

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(1) Once each school year, a coach of an athletic activity

shall complete a mental health awareness training course offered

by a provider approved by the department.

(2) A coach of an athletic activity may not coach the

athletic activity until the coach completes the training course

required under this subsection.

(d) The governing body of a school entity shall establish

the following minimum penalties for a coach found in violation

of the requirements under subsection (c), which penalties shall

take effect two years following the effective date of this

subsection:

(1) For a first violation, suspension from coaching any

athletic activity for the remainder of the season.

(2) For a second violation, suspension from coaching any

athletic activity for the remainder of the season and for the

next season.

(3) For a third violation, permanent suspension from

coaching any athletic activity.

(e) The sponsors of youth athletic activities not associated

with a school entity are encouraged to follow the guidance

stated in this section.

(f) Nothing in this section shall be construed to:

(1) abridge or limit any rights provided under a collective

bargaining agreement in effect on the effective date of this

subsection or any rights provided under the act of July 23, 1970

(P.L.563, No.195), known as the "Public Employe Relations Act";

(2) create, establish, expand, reduce, contract or eliminate

any civil liability on the part of a school entity or school

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employe.

(g) As used in this section--

"Athletic activity" means all of the following:

(1) Interscholastic athletics.

(2) An athletic contest or competition, other than

interscholastic athletics, that is sponsored by or associated

with a school entity, including cheerleading, club-sponsored

sports activities and sports activities sponsored by school-

affiliated organizations.

(3) Noncompetitive cheerleading that is sponsored by or

associated with a school entity.

(4) Practices, interschool practices and scrimmages for all

of the activities listed under clauses (1), (2) and (3).

"Department" means the Department of Health of the

Commonwealth.

"Interscholastic athletics" means as defined in section 1602-

"School entity" means as defined in section 1602-A.

SECTION 1426. STUDENT MENTAL HEALTH AWARENESS.--(A) WITHIN

ONE HUNDRED EIGHTY (180) DAYS OF THE EFFECTIVE DATE OF THIS

SECTION, THE STATE BOARD OF EDUCATION SHALL REVIEW THE EXISTING

STATE STANDARDS FOR HEALTH, SAFETY AND PHYSICAL EDUCATION AT 22

PA. CODE CH. 4 (RELATING TO ACADEMIC STANDARDS AND ASSESSMENT)

AND REVISE THE STANDARDS AS NECESSARY TO ADDRESS STUDENT MENTAL

HEALTH AWARENESS.

(B) THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH

SHALL JOINTLY DEVELOP OR IDENTIFY A MODEL CURRICULUM AND A LIST

OF EDUCATION MATERIALS WHICH A SCHOOL ENTITY OR NONPUBLIC SCHOOL

MAY USE IN ORDER TO PROVIDE MENTAL HEALTH AWARENESS EDUCATION.

EXISTING MODEL CURRICULUM MATERIALS AND EDUCATION MATERIALS MAY

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BE UPDATED IF NECESSARY TO COMPLY WITH THIS SUBSECTION. THE

DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH SHALL

UPDATE THE MODEL CURRICULUM AND EDUCATION MATERIALS WITHIN ONE

(1) YEAR OF THE DATE OF REVISION OF THE STATE STANDARDS UNDER

SUBSECTION (A). THE DEPARTMENT OF EDUCATION SHALL POST THE MODEL

CURRICULUM AND LIST OF EDUCATION MATERIALS REQUIRED UNDER THIS

SUBSECTION ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE.

OR GUARDIANS, ATHLETIC STAFF AND EXTRACURRICULAR ADVISORS TWICE

EACH SCHOOL YEAR OF MENTAL HEALTH SERVICES AVAILABLE WITHIN THE

SCHOOL ENTITY OR WITHIN THE COMMUNITY IN WHICH THE SCHOOL ENTITY

IS LOCATED AND HOW STUDENTS AND THEIR PARENTS OR GUARDIANS MAY

ACCESS THE SERVICES.

(D) IF A STUDENT'S PARTICIPATION IN A SCHOOL-SPONSORED

ATHLETIC OR EXTRACURRICULAR ACTIVITY IS INTERRUPTED, THE SCHOOL

ENTITY'S STUDENT ASSISTANCE PROGRAM SHALL BE NOTIFIED, SUBJECT

TO THE REQUIREMENTS OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY

ACT OF 1974 (PUBLIC LAW 90-247, 20 U.S.C. § 1232G). UPON

NOTIFICATION, THE SCHOOL ENTITY'S STUDENT ASSISTANCE PROGRAM

SHALL, AT A MINIMUM, PROVIDE THE STUDENT'S PARENTS OR GUARDIANS

WITH INFORMATION ON MENTAL HEALTH SERVICES IDENTIFIED UNDER

SUBSECTION (C). THE DEPARTMENT OF EDUCATION MAY SET RULES FOR

THE LENGTH OF TIME OF INTERRUPTION THAT MAY TRIGGER THE

NOTIFICATION TO THE STUDENT ASSISTANCE PROGRAM.

(E) WITHIN NINETY (90) DAYS OF THE EFFECTIVE DATE OF THIS

SECTION, THE PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION

SHALL REVIEW THE EXISTING COACHING EDUCATION REQUIREMENTS FOR

COACHES ENGAGED AT A MEMBER SCHOOL AND REVISE THE REQUIRED

EDUCATIONAL COURSES FOR TRAINING OF COACHES TO INCLUDE STUDENT

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MENTAL HEALTH AWARENESS BEGINNING IN THE 2025-2026 SCHOOL YEAR.

TRAINING UNDER THIS SUBSECTION MAY BE CREDITED TOWARD A

PROFESSIONAL EDUCATOR'S CONTINUING PROFESSIONAL EDUCATION

REQUIREMENTS UNDER SECTION 1205.2 AND A SCHOOL OR SYSTEM

LEADER'S CONTINUING PROFESSIONAL EDUCATION REQUIREMENT UNDER

SECTION 1205.5.

(F) A STUDENT'S PARENT OR GUARDIAN, OR AN EMANCIPATED

STUDENT, SHALL COMPLETE ALL PARTS OF THE REPORT OF EXAMINATION

FORM REQUIRED UNDER SECTION 1407 THAT ARE DESIGNATED TO BE

COMPLETED BY A STUDENT'S PARENT OR GUARDIAN PRIOR TO PRESENTING

THE FORM TO A HEALTH CARE PROVIDER. A HEALTH CARE PROVIDER SHALL

NOT COMPLETE OR SIGN THE REPORT OF EXAMINATION FORM UNLESS THE

STUDENT'S PARENT OR GUARDIAN, OR THE EMANCIPATED STUDENT, HAS

COMPLETED ALL PARTS OF THE FORM THAT ARE DESIGNATED FOR

COMPLETION BY A STUDENT'S PARENT OR GUARDIAN.

(G) WITHIN NINETY (90) DAYS OF THE EFFECTIVE DATE OF THIS

SECTION, THE SECRETARY OF HEALTH SHALL REVIEW THE REPORT OF

EXAMINATION FORM REQUIRED UNDER SECTION 1407, UPDATE THE FORM AS

NECESSARY AND POST THE UPDATED FORM ON THE DEPARTMENT'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE. IN REVIEWING AND UPDATING THE FORM,

THE SECRETARY OF HEALTH SHALL CONSIDER WHETHER THE FORM REQUIRES

PARENTS AND GUARDIANS TO PROVIDE ADDITIONAL INFORMATION ON A

STUDENT'S MENTAL HEALTH.

(H) THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS

SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION

UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"SCHOOL ENTITY." A SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL

CHARTER SCHOOL, CYBER CHARTER SCHOOL, INTERMEDIATE UNIT OR AREA

CAREER AND TECHNICAL SCHOOL.

"STUDENT ASSISTANCE PROGRAM." AS DEFINED IN 22 PA. CODE §

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12.16 (RELATING TO DEFINITIONS).

Section 2. This act shall take effect in 60 days.

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

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.

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.

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(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. § 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

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

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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

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.

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"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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