Schools would coordinate behavioral health services for students

Public school governing authorities would adopt and publish policies for behavioral health services, and schools would allow certain medically necessary services during the school day. The rules cover public school students receiving behavioral health services and the providers chosen by their parents or legal guardians. A parent or legal guardian must provide a behavioral health evaluation, an assessment, and an authorized treatment plan. The evaluation must show that services during school hours are needed because a diagnosed condition interferes with the student's ability to succeed in school. Schools could not bar an evaluation, assessment, or authorized treatment plan from being performed on school property to establish medical need or provide medically necessary services. If provider supervision occurs virtually, no student other than the student receiving services may be recorded. The policy and service rules would apply during the school day, including instructional time, when the stated medical-need requirements are met.

School administrators would arrange a service-delivery review meeting with school staff and the behavioral health provider. The meeting would cover a student receiving school-based behavioral health services and would include the administrator, the student's classroom teacher or teachers, and the provider. The meeting could be held in person or virtually. Services could begin before the meeting if reasonable efforts are made to coordinate with school personnel. Before the meeting is complete, the provider could enter the school, observe the student, and deliver authorized services during the school day with instructional coordination. The meeting would review the treatment plan, applicable student plans, classroom duties and expectations, communication, scheduling, and follow-up procedures. The administrator would ensure the meeting occurs within 21 days after the parent or guardian submits the treatment plan and no later than 14 school days after services begin.

Behavioral health providers would coordinate with schools, follow the student's applicable education and health plans, and avoid directing school employees or conflicting with required school services. These rules apply to providers delivering services on a public school campus and to disputes about services provided under the section. Providers would make reasonable efforts to limit disruption and would communicate concerns outside the presence of other students unless immediate action is needed to prevent imminent harm. A provider could not direct, supervise, or evaluate a teacher's or other school employee's job performance. The student's applicable education or health plan would control educational services and supports if it conflicts with the provider's treatment plan. A parent or legal guardian would be the only person allowed to file a dispute claim, and only after an alleged incident occurs. Medically necessary services would not have to be listed in a student plan to be delivered on school property. The provider duties would apply while the provider is on campus and while services are delivered under the section.