HB4115 - 104th General Assembly
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| 1 | AN ACT concerning education. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
| 5 | 2-3.203 as follows: | |||||||||||||||||||
| 6 | (105 ILCS 5/2-3.203) | |||||||||||||||||||
| 7 | (Text of Section before amendment by P.A. 104-32) | |||||||||||||||||||
| 8 | Sec. 2-3.203. Mental health screenings. | |||||||||||||||||||
| 9 | (a) On or before December 15, 2023, the State Board of | |||||||||||||||||||
| 10 | Education, in consultation with the Children's Behavioral | |||||||||||||||||||
| 11 | Health Transformation Officer, Children's Behavioral Health | |||||||||||||||||||
| 12 | Transformation Team, and the Office of the Governor, shall | |||||||||||||||||||
| 13 | file a report with the Governor and the General Assembly that | |||||||||||||||||||
| 14 | includes recommendations for implementation of mental health | |||||||||||||||||||
| 15 | screenings in schools for students enrolled in kindergarten | |||||||||||||||||||
| 16 | through grade 12. This report must include a landscape scan of | |||||||||||||||||||
| 17 | current district-wide screenings, recommendations for | |||||||||||||||||||
| 18 | screening tools, training for staff, and linkage and referral | |||||||||||||||||||
| 19 | for identified students. | |||||||||||||||||||
| 20 | (b) On or before October 1, 2024, the State Board of | |||||||||||||||||||
| 21 | Education, in consultation with the Children's Behavioral | |||||||||||||||||||
| 22 | Health Transformation Team, the Office of the Governor, and | |||||||||||||||||||
| 23 | relevant stakeholders as needed shall release a strategy that | |||||||||||||||||||
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| 1 | includes a tool for measuring capacity and readiness to | ||||||
| 2 | implement universal mental health screening of students. The | ||||||
| 3 | strategy shall build upon existing efforts to understand | ||||||
| 4 | district needs for resources, technology, training, and | ||||||
| 5 | infrastructure supports. The strategy shall include a | ||||||
| 6 | framework for supporting districts in a phased approach to | ||||||
| 7 | implement universal mental health screenings. The State Board | ||||||
| 8 | of Education shall issue a report to the Governor and the | ||||||
| 9 | General Assembly on school district readiness and plan for | ||||||
| 10 | phased approach to universal mental health screening of | ||||||
| 11 | students on or before April 1, 2025. | ||||||
| 12 | (Source: P.A. 103-546, eff. 8-11-23; 103-605, eff. 7-1-24; | ||||||
| 13 | 103-885, eff. 8-9-24.) | ||||||
| 14 | (Text of Section after amendment by P.A. 104-32) | ||||||
| 15 | Sec. 2-3.203. Mental health screenings. | ||||||
| 16 | (a) On or before December 15, 2023, the State Board of | ||||||
| 17 | Education, in consultation with the Children's Behavioral | ||||||
| 18 | Health Transformation Team in the Office of the Governor, | ||||||
| 19 | shall file a report with the Governor and the General Assembly | ||||||
| 20 | that includes recommendations for implementation of mental | ||||||
| 21 | health screenings in schools for students enrolled in | ||||||
| 22 | kindergarten through grade 12. This report must include a | ||||||
| 23 | landscape scan of current district-wide screenings, | ||||||
| 24 | recommendations for screening tools, training for staff, and | ||||||
| 25 | linkage and referral for identified students. | ||||||
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| 1 | (b) On or before October 1, 2024, the State Board of | ||||||
| 2 | Education, in consultation with the Children's Behavioral | ||||||
| 3 | Health Transformation Team in the Office of the Governor, and | ||||||
| 4 | relevant stakeholders as needed shall release a strategy that | ||||||
| 5 | includes a tool for measuring capacity and readiness to | ||||||
| 6 | implement universal mental health screening of students. The | ||||||
| 7 | strategy shall build upon existing efforts to understand | ||||||
| 8 | district needs for resources, technology, training, and | ||||||
| 9 | infrastructure supports. The strategy shall include a | ||||||
| 10 | framework for supporting districts in a phased approach to | ||||||
| 11 | implement universal mental health screenings. The State Board | ||||||
| 12 | of Education shall issue a report to the Governor and the | ||||||
| 13 | General Assembly on school district readiness and plan for | ||||||
| 14 | phased approach to universal mental health screening of | ||||||
| 15 | students on or before April 1, 2025. | ||||||
| 16 | (c) On or before September 1, 2026, the State Board of | ||||||
| 17 | Education, in consultation with the Children's Behavioral | ||||||
| 18 | Health Transformation Team in the Office of the Governor and | ||||||
| 19 | relevant stakeholders, shall report its work and make | ||||||
| 20 | available resource materials, including model procedures and | ||||||
| 21 | guidance informed by a phased approach to implementing | ||||||
| 22 | universal mental health screening in schools. These model | ||||||
| 23 | school district procedures to facilitate the implementation of | ||||||
| 24 | mental health screenings shall include, but are not limited | ||||||
| 25 | to: (i) , the option to opt in; (ii) opt-out, confidentiality | ||||||
| 26 | and privacy considerations; (iii) , communication with families | ||||||
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| 1 | and communities about the use of mental health screenings, | ||||||
| 2 | including a minimum of 3 written notifications each school | ||||||
| 3 | year, one of which must be delivered by first-class mail, to a | ||||||
| 4 | student's parent or guardian; (iv) , data sharing; , and (v) | ||||||
| 5 | storage of mental health screening results and plans for | ||||||
| 6 | follow-up and linkage to resources after screenings. Guidance | ||||||
| 7 | shall include (1) mental health screening tools available for | ||||||
| 8 | school districts to use with students and (2) associated | ||||||
| 9 | training for school personnel. The State Board of Education | ||||||
| 10 | shall make these resource materials available on its website. | ||||||
| 11 | (d) Mental health screenings shall be offered by school | ||||||
| 12 | districts to students enrolled in grade 3 through grade 12, at | ||||||
| 13 | least once a year, beginning with the 2027-2028 school year. A | ||||||
| 14 | district may, by action of the State Board of Education, apply | ||||||
| 15 | for an extension of the 2027-2028 school year implementation | ||||||
| 16 | deadline if the school district meets criteria set by rule by | ||||||
| 17 | the State Board of Education, which shall be based on the | ||||||
| 18 | recommendations of the report issued in accordance with | ||||||
| 19 | subsection (c). Notwithstanding the provisions of this | ||||||
| 20 | subsection, the requirement to offer mental health screenings | ||||||
| 21 | shall be in effect only for school years in which the State has | ||||||
| 22 | successfully procured a screening tool that offers a | ||||||
| 23 | self-report option for students and is made available to | ||||||
| 24 | school districts at no cost. | ||||||
| 25 | (Source: P.A. 103-546, eff. 8-11-23; 103-605, eff. 7-1-24; | ||||||
| 26 | 103-885, eff. 8-9-24; 104-32, eff. 1-1-26; revised 8-28-25.) | ||||||
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| 1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 2 | changes in a statute that is represented in this Act by text | ||||||
| 3 | that is not yet or no longer in effect (for example, a Section | ||||||
| 4 | represented by multiple versions), the use of that text does | ||||||
| 5 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 6 | made by this Act or (ii) provisions derived from any other | ||||||
| 7 | Public Act. | ||||||
| 8 | Section 99. Effective date. This Act takes effect January | ||||||
| 9 | 1, 2026. | ||||||
