UT Code § 53F-2-522 (2021)
2021 Utah Code|Title 53F - Public Education System -- Funding|Chapter 2 - State Funding -- Minimum School Program|Part 5 - Related to Basic Program -- Grant Programs|Section 522 - Public education mental health screening.

 Effective 5/12/2020  53F-2-522. Public education mental health screening.    (1) As used in this section:   (a) "Division" means the Division of Substance Abuse and Mental Health.     (b) "Participating LEA" means an LEA that has an approved screening program described in this section.     (c) "Participating student" means a student in a participating LEA who participates in a mental health screening program.     (d) "Qualifying parent" means a parent:   (i) of a participating student who, based on the results of a screening program, would benefit from resources that cannot be provided to the participating student in the school setting; and     (ii) who qualifies for financial assistance to pay for the resources under rules made by the state board.       (e) "Screening program" means a student mental health screening program selected by a participating LEA and approved by the state board in consultation with the division.       (2) A participating LEA may implement a mental health screening for participating students using an evidence-based screening program.     (3) The state board shall:   (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:   (i) a process for a participating LEA to submit a selected screening program to the state board for approval;     (ii) in accordance with Title 53E, Chapter 9, Student Privacy and Data Protection, and the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, who may access and use a participating student's screening data; and     (iii) a requirement and a process for appropriate LEA or school personnel to attend annual training related to administering the screening program;       (b) in consultation with the division, approve an evidence-based student mental health screening program selected by a participating LEA that:   (i) is age appropriate for each grade in which the screening program is administered;     (ii) screens for the mental health conditions determined by the state board and division; and     (iii) is an effective tool for identifying whether a student has a mental health condition that requires intervention; and       (c) on or before November 30 of each year, submit a report on the screening programs to:   (i) the State Suicide Prevention Coalition created under Subsection 62A-15-1101(2); and     (ii) the Education Interim Committee in accordance with Section 53E-1-201.         (4) A participating LEA shall:   (a) in accordance with rules made by the state board under Subsection (3)(a), submit a selected screening program to the state board for approval;     (b) administer a screening program to participating students in the participating LEA;     (c) obtain prior written consent from a student's parent, that complies with Section 53E-9-203, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g, before the participating LEA administers the screening program to a participating student; and     (d) if results of a participating student's screening indicate a potential mental health condition, notify the parent of the participating student of:   (i) the participating student's results; and     (ii) resources available to the participating student, including any services that can be provided by the school mental health provider or by a partnering entity.         (5)   (a) Within appropriations made by the Legislature for this purpose, the state board may distribute funds to a participating LEA to use to assist a qualifying parent to pay for resources described in Subsection (4)(d)(ii) that cannot be provided by a school mental health professional in the school setting.     (b) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for:   (i) determining whether a parent is eligible to receive the financial support described in Subsection (5)(a); and     (ii) applying for and distributing the financial support described in Subsection (5)(a).         (6) A school employee trained in accordance with rules made by the state board under Subsection (3)(a)(iii), who administers an approved mental health screening in accordance with this section in good faith, is not liable in a civil action for an act taken or not taken under this section.    Enacted by Chapter 202, 2020 General Session