HB1320ham001 102ND GENERAL ASSEMBLY

Rep. Lindsey LaPointe

Filed: 4/4/2022

10200HB1320ham001 LRB102 03335 KTG 38448 a

AMENDMENT TO HOUSE BILL 1320

AMENDMENT NO. ______. Amend House Bill 1320 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Wellness Checks in Schools Program Act.

Section 5. Findings. The General Assembly finds that:

(1) Depression is the most common mental health disorder among American teens and adults, with over 2,800,000 young people between the ages of 12 and 17 experiencing at least one major depressive episode each year, approximately 10-15% of teenagers exhibiting at least one symptom of depression at any time, and roughly 5% of teenagers suffering from major depression at any time. Teenage depression is 2 to 3 times more common in females than in males.

(2) Various biological, psychological, and environmental risk factors may contribute to teenage depression, which can lead to substance and alcohol abuse, social isolation, poor academic and workplace performance, unnecessary risk taking, early pregnancy, and suicide, which is the second leading cause of death among teenagers. Approximately 20% of teens with depression seriously consider suicide, and one in 12 attempt suicide. Untreated teenage depression can also result in adverse consequences throughout adulthood.

(3) Most teens who experience depression suffer from more than one episode. It is estimated that, although teenage depression is highly treatable through combinations of therapy, individual and group counseling, and certain medications, fewer than one-third of teenagers experiencing depression seek help or treatment.

(4) The proper detection and diagnosis of mental health conditions, including depression, is a key element in reducing the risk of teenage suicide and improving physical and mental health outcomes for young people. It is therefore fitting and appropriate to establish school-based mental health screenings to help identify the symptoms of mental health conditions and facilitate access to appropriate treatment.

Section 10. Wellness Checks in Schools Grant Program.

(a) Subject to appropriation, the Department of Healthcare and Family Services shall administer a grant program to provide funding and resources for school districts and nonpublic schools to implement wellness checks to identify students in grades 7 through 12 who are at risk of mental health conditions, including depression or other mental health issues. A school district or nonpublic school that receives an award under the grant program shall make available to each student in grades 7 through 12 an annual wellness check.

(b) The wellness check shall include the use of a research-based screening tool validated to screen for mental health conditions in adolescents and shall be conducted by a mental health professional or through a partnership with an organization or health care provider. Nothing in this Act prohibits a school district or nonpublic school from using a self-administered screening tool as part of the wellness check. To assist school districts and nonpublic schools in selecting a research-based screening tool to use in their wellness check programs, the Department of Healthcare and Family Services may develop a list of preapproved research-based screening tools that are validated to screen adolescents for mental health concerns and are appropriate for use in a school setting. The list shall be posted on the websites of the Department of Healthcare and Family Services and the State Board of Education.

(c) Wellness checks shall be conducted in a manner that:

(1) permits real-time evaluation of the results and same-day intervention by a mental health professional if necessary;

(2) accommodates bilingual education students, students with disabilities, and students with low reading proficiency;

(3) ensures the privacy of the student during the process and the confidentiality of the results consistent with State and federal laws applicable to the confidentiality of student records and mental health records; and

(4) requires written consent from a student's parent or guardian prior to any wellness check and a method for providing a parent or guardian with information if same-day intervention or other services are recommended.

(d) A school district or nonpublic school shall collect and report aggregated data that shall not contain any identifying or confidential information about any individual to the Department in a manner prescribed by the Department.

(e) A school district or nonpublic school seeking to receive funding under the grant program shall submit an application to the Department, in accordance with application procedures and requirements prescribed by the Department. An application shall include, at a minimum:

(1) a description of the tool to be used during wellness checks, an explanation of the individuals or the entity or entities that will administer the wellness checks, and how the wellness checks will be conducted;

(2) an explanation of how the school district or nonpublic school intends to make its wellness check program available to each student in grades 7 through 12, the total number of students that will be offered wellness checks, and a description of how the school district or nonpublic school will notify students and parents or guardians about its wellness check program and how the school district or nonpublic school will obtain written consent from a student's parent or guardian prior to administering a wellness check;

(3) a dollar amount request and justification for funding sought by the school district or nonpublic school under the grant program; and

(4) a description of how the grant funding will be used to further the purposes of the school district's or nonpublic school's wellness check program, including covering costs for current personnel, hiring additional personnel, purchasing materials, or contracting with outside entities.

(f) Awards under the grant program shall be allocated to school districts and nonpublic schools that submit applications in a manner prescribed by the Department.

(g) Nothing in this Act shall be construed to affect a school district's or nonpublic school's ability to provide additional or supplemental services to students or impact any other grant received by the school district or nonpublic school for providing social or mental health services. A school district or nonpublic school may seek to secure funds or other resources from the federal government or from private nonprofit or for-profit sources as may be available, to supplement funds received under the grant program.

(h) The Department shall submit a report to the General Assembly and the Office of the Governor that analyzes the grant program, including, but not limited to:

(1) the costs of the wellness check programs to each school district and nonpublic school awarded a grant;

(2) the aggregate number of students administered wellness checks;

(3) the aggregate number of students identified as being at risk of depression;

(4) the aggregate number of students who were provided same-day mental health services;

(5) the aggregate number of students who were identified as needing follow-up services; and

(6) the number of school districts and nonpublic schools that utilized current staff members, the number of school districts and nonpublic schools that hired other personnel, the number of school districts and nonpublic schools that contracted with another entity, and an average of the time school districts and nonpublic schools spent administering wellness checks per student.

(i) The Department may adopt rules to implement this Act.

Section 99. Effective date. This Act takes effect upon becoming law.".