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Counseling and Mental Health Services

Alaska

Last Updated: 8/13/2008

Requirement to Provide Services: Statute 14.18.030 (1981) requires public education to make available guidance and counseling services to all students equally. Statute 14.33.120 (2001) requires each governing body to adopt a written school disciplinary and safety program that must include standards to address mental health needs of students.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: Statute 14.33.120 requires each governing body to adopt a written school disciplinary and safety program that must include standards to address substance abuse needs of students, which may be contributing to noncompliance.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Alabama

Last Updated: 3/26/2009

Requirement to Provide Services: No state policy.

Identification of Students with Mental or Emotional Disorders: Code 16-29-1 (1965) requires the Department of Education and the State Board of Health to arrange for the examination of every child attending the public schools for any embracing mental deficiency.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Arkansas

Last Updated: 12/28/2013

Requirement to Provide Services: Code 6-18-1005 (2005) requires a student services program to include psychological services in the form of consultation and counseling to parents, students, and school personnel; social work services to assist in prevention and remediation of problems of attendance, behavior, adjustment, and learning; and mandates school counselors to spend 75% of their work time each week providing direct counseling related to students.

Identification of Students with Mental or Emotional Disorders: Code 6-18-1005 requires schools to evaluate student learning and adjustment problems, implement a system for early identification of learning potential and factors which affect the child's educational performance, and include a system of liaison and referrals to appropriate community agencies outside of the school.

Substance Abuse: No state policy.

Suicide Prevention: Code 6-18-1005 requires a student services program to include a suicide prevention public awareness program developed by the Lieutenant Governor's Teenage Suicide Prevention Task Force as part of the  student services provision.

HIV, STD, and Pregnancy Testing and Counseling: Arkansas does not require schools or districts to provide voluntary HIV, STD, or pregnancy testing to students.

Code 6-18-703 prohibits schools that offer sex education in school-based health clinics to utilize state funds for abortion referrals or to purchase or dispense contraceptives in public schools. State law also does not limit teachers or counselors from discussing any topics with students. 

Immunity of Liability: Code 6-17-107(b) (1991) protects teachers, school counselors, school health providers, and other school personnel in the state from any civil liability for providing counseling, referral, emergency medical care, or other assistance offered in good faith to suicidal students.


Arizona

Last Updated: 8/13/2008

Requirement to Provide Services: No state policy.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: ARS 15-345 (no date available) allows the "school district governing board [to] adopt chemical abuse prevention policies and procedures in consultation with pupils, school district personnel and members of the community, including parents and local law enforcement agencies".

Suicide Prevention: ARS 13-403 (no date available) allows the use of physical force when acting under reasonable belief that another person is about to commit suicide or to inflict serious injury upon his self.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


California

Last Updated: 2/26/2009

Requirement to Provide Services: Although the state does not require schools to provide counseling services, Education Code 49600 (1987) allows school districts to provide a comprehensive educational counseling program, which includes personal and social counseling, for all pupils enrolled in the district.

Suicide Prevention: Education Code 49604 (1992) requires the Superintendent of Public Instruction to send a notice to each middle school, junior high, and high school encouraging each school to provide suicide prevention training at least once to each school counselor during their employment, provide information on suicide prevention training curriculum, and inform schools of trainings provided by the department of education.

Education Code 44046 (1977) allows small school districts to contract with any qualified social service agency or organization to provide social work services in schools. Social workers are authorized to consult with parents and others in crisis situations, such as suicide threats. 

Immunity of Liability: Education Code 72621 (1980) and 49602 (1987) protect any person from incurring civil or criminal liability for keeping information discussed during counseling confidential.

Identification of Students with Mental or Emotional Disorders: Education Code 49424 (1976) outlines the duty of a school psychologist as one that includes psychological counseling or other therapeutic techniques of children and parents.


Colorado

Last Updated: 5/13/2009

Requirement to Provide Services: No state policy: Only required for an IEP.

Identification of Students with Mental or Emotional Disorders: Statute 22-32-110 (2003) allows the local board of education to require teachers to report to the principal any observed mental, moral, or physical defectiveness of a student under their care.

Substance Abuse: No state policy: Only required for an IEP.

Suicide Prevention: No state policy: Only required for an IEP.

HIV, STD, and Pregnancy Testing and Counseling: No state policy: Only required for an IEP.

Immunity of Liability: No state policy.


Connecticut

Last Updated: 10/27/2011

Requirement to Provide Services: The Connecticut State Board of Educationcalls for every school district to develop a full range of school-based support services that foster prevention and intervention systems addressing health and social factors for student success in its Position Statement on Student Support Services (2010).

Identification of Students with Mental or Emotional Disorders: Statute Chapter 164 Section. 10-76t through 76w directs the Department of Education to assist school districts to better serve at-risk primary grade children through the availability of an early intervention mental health program for the detection and prevention of emotional, behavioral and learning problems.

Substance Abuse: No state policy requiring substance abuse services or counseling in the schools.

Suicide Prevention: Statute Chapter 170 Section 10-221 (2003) requires local and regional boards of education to adopt written policies and procedures for handling youth suicide prevention and youth suicide attempts. The Connecticut State Department of Education developed the Guidelines for Suicide Prevention: Policy and Procedure (2004) to provide guidance to school districts to review, update and revise policy. These boards may also establish a student assistance program to identify risk factors, establish intervention procedures, and provide referral services.

HIV, STD, and Pregnancy Testing and Counseling: No state policy requiring HIV, STD and pregnancy testing and/or counseling.

Immunity of Liability: Statute Chapter 166 Section 10-154a (2004) states that professional school employees are immune from any liability when, in good faith, they disclose or do not disclose any information acquired through a professional communication with a student when such information concerns alcohol or drug abuse or related problems.


District of Columbia

Last Updated: 5/30/2013

Requirement to Provide Services: Section 203 of the South Capitol Street Memorial Amendment Act of 2012 requires the Mayor to submit a comprehensive plan to the City Council by March 30, 2103 for the expansion of school-based behavioral health programs and services by the 2016-2017 school year. 

Identification of Students with Mental or Emotional Disorders: Section 115b of the South Capitol Street Memorial Amendment Act of 2012 establishes a program for all public, private and charter schools that provides participants with the tools needed to identify students with unmet behavioral health needs. This program also refers identified students to appropriate services for behavioral health screenings and assessments. Starting October 1, 2014, the program is mandatory for all teachers and principals in public, private and charter schools and others that are interested or that the Mayor may identify.

Section 115c of the South Capitol Street Memorial Amendment Act of 2012 requires the creation of a behavioral health resource guide for parents and legal guardians that includes information on: common signs of behavioral health issues facing youth, the roles and responsibilities of city government agencies in promoting and protecting the behavioral health of youth, how a parent or legal guardian can obtain a behavioral health screening or assessment for youth, and resources for youth behavioral health programs and services. A similar guide must also be created for youth. 

Substance Abuse
:
Section 701 of the Healthy Students Act of 2010 establishes the Healthy Youth and Schools Commission with the purpose of advising the Mayor and the Council on health, wellness, and nutritional issues concerning youth and schools in the District, including substance abuse.

Suicide Prevention
: No policy.

HIV, STD, and Pregnancy Testing and Counseling
:
 According to the Department of Health’s Condom Availability Policy (CAP)  (2009), School nurses supported by the Department of Health-Community Health Administration will provide sexual health counseling, education and distribution of barrier methods in accordance with the scope of services specified by the Community Health Administration. All students shall have the option to receive private, confidential counseling upon request to the school nurse to obtain barrier methods. School nurses shall, upon request of the student, or if medically warranted, provide students with referrals for further medical services, and, or counseling. Students will be referred to their medical home, other primary care providers, free clinics, or local hospitals.

Individuals that have received training approved by the Department of Health HIV/AIDS, Hepatitis, STD and Tuberculosis Administration (HAHSTA) may, with the authorization of the Local Education Agency, provide sexual health education, counseling, and condom distribution services to students individually and in groups. These sessions will stress the risks of sexual activity including the potential exposure to sexually transmitted diseases including HIV. Students who are engaging in sexual activity will be instructed on safer sex practices and the proper use of male and female condoms and dental dams. Schools participating in the Supplemental Condom Availability Services shall provide reports to HAHSTA on the services provided to students.
 
Immunity of Liability:

Delaware

Last Updated: 8/13/2008

Requirement to Provide Services: Administrative Code 14:545 (2005) requires each school district to have a written school counseling plan, to be reviewed and updated every three years, which includes the American School Counselors Association's National Standards for School Counseling Programs in the area of personal and social development.

Identification of Students with Mental or Emotional Disorders: Delaware has no specific policy addressing the identification or counseling of students with mental or emotional disorders. However, Administrative Code 14:925 (2000) states, Each school district and any other public agency responsible for the education of children with disabilities shall identify, locate and evaluate or reevaluate all children with disabilities residing within the confines of that district or other public agency, including children in private schools".

Substance Abuse: Administrative Code 14:612 (2003) requires district drug and alcohol policy to include provisions for A program of assistance for students with counseling and referral to services as needed".

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Florida

Last Updated: 10/27/2011

Requirement to Provide Services: Statute 1000.05 (2004) requires guidance services and counseling services to be made available to all students equally.

Statute 1006.07(6) (2004) requires district school boards to provide for the welfare of students by using the Safety and Security Best Practices to conduct a self-assessment of the district's current safety and security practices. The self-assessment includes indicators for districts to have an emergency crisis team available to each school that provides counseling and other support in the adjustment after an emergency and in the re-entering of the school environment. The district should further make available appropriate psychological counseling for students exhibiting early warning signs of future violent behavior.

Statute 1006.025 (2004) requires each school board to submit a guidance report to the Commissioner of Education. This report shall include examination of student access to guidance counselors, the degree to which the district implemented a guidance model program, evaluation of training available to guidance counselors, and others. 

Identification of Students with Mental or Emotional Disorders: State Board of Education Administrative Rule 6A-6.0331(a) (1996) requires special programs to be organized so exceptional students may receive supplementary consultation and related services, which provides assistance to school staff in basic, vocational or exceptional classes. Additionally, Statute 1003.57 (2002) provides that each school board shall provide for an appropriate program of special instruction, facilities, and services for exceptional students.

Statute 1006.04 (2002) provides for educational multi-agency services for students with severe emotional disturbance and requires district school boards to provide educational programs.  State departments and agencies administering children's mental health funds should provide mental health treatment and residential services when needed forming a multi-agency network to provide support for students with severe emotional disturbance. 

Substance Abuse: Statute 381.0056(5) (2002) requires school health services plans to include health counseling", which could include substance abuse.

Suicide Prevention: Statute 1006.07(6) requires district school boards to provide for the welfare of students by using the Safety and Security Best Practices to conduct a self-assessment of the district's current safety and security practices. The self-assessment includes indicators for districts to provide timely access to professionally trained staff to evaluate at-risk students for suicidal behavior and to develop procedures to support students re-entering the school environment following a suicide attempt or the surviving of a suicide attempt of a peer.

HIV, STD, and Pregnancy Testing and Counseling: Florida does not require or prohibit schools or districts to provide voluntary HIV, STD, or pregnancy testing or counseling services to students. Statute 1006.062 (2002) prohibits school district personnel from referring students to or offer students at school facilities contraceptive services without the consent of a parent or legal guardian." This provision is repeated in Statute 1002.20 (2004) on K-12 student and parent rights.

Immunity of Liability: No state policy.


Georgia

Last Updated: 8/25/2009

Requirement to Provide Services: State Board of Education Rule 160-4-8-.01 (2000) requires local school systems to develop a Student Service Plan which must minimally provide guidelines for the provision of school psychological, guidance and counseling, and social work services. State Board of Education Rule 160-4-8-.05 (2000) further states that each local board of education must provide for school counseling and guidance services by insuring each school counselor is engaged in specific counseling or guidance activities. This rule also provides requirements and options for duties that must be included in the counselor's duties.

Identification of Students with Mental or Emotional Disorders: State Board of Education Rule 160-4-7-.03 (2000) requires local school systems and state-operated programs to have policies and procedures for the identification, location, and evaluation of all students with disabilities, regardless of severity and who are in need of special education and related services.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: Georgia Code 20-2-773 prohibits facilities on school property or those operated by the school district from distributing contraceptives, performing or referring abortions, or dispensing abortifacients. Employees of these facilities, while acting within the scope of their employment, are also prohibited from distributing contraceptives. The Department of Education and local units are also expressly forbidden from using state funds for the distribution of contraceptives.

Immunity of Liability: No state policy.


Hawaii

Last Updated: 8/25/2009

Requirement to Provide Services: State Board of Education Policy 2130 (1999) requires all department of education schools to provide guidance, counseling, and related services for the academic, personal, social, and career development of each student.

HRS 302A-442 (2000) states, "The department of health, within the funds available, shall be responsible for the related services of school health, mental health, psychological, and medical services for evaluation or diagnostic purposes, and, within the funds available, shall provide for those exceptional children who need these services and who attend public school in the State".

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Iowa

Last Updated: 11/29/2010

Requirement to Provide Services: No state policy.

Identification of Students with Mental or Emotional Disorders: 281 IAC 41.301(6) requires each public agency to conduct a full and individual intiaal evaluation in accordance with rules 41.305 and 41.306 before the initial provision of special education and related services to a child with disability. The purpose of the evaluation is to determine the educational interventions that are required to resolve the presenting problem, behaviors of concern, or suspected disability, including whether the educational interventions are special education. 

Substance Abuse: Code 808A places significant restrictions on the search of a student by a school employee. It is a violation of chapter 808A to subject all students to a breathalyzer as a condition of entry into a school activity, such as a dance or athletic contest. School officials have the right to use a breath test when officials has a reasonable suspicion that the student has been consuming alcohol. 

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: According to code 139A.35, a minor seeking diagnosis or treatment for a sexually transmitted disease or infection has the legal capacity to act and give consent for medical care and service. Iowa Code 141A Consent, testing, reporting, penalties, and confidentiality. 

Immunity of Liability: Sain v. Cedar Rapids Community School District, 626 N.W.2d 115  (Iowa 2001) states that school counselors can be held liable for negligent misrepresentation if they give bad or inaccurate advice that the student then relies on to his or her financial detriment.


Idaho

Last Updated: 2/28/2013

Requirement to Provide Services: State Board of Education Administrative Rule 08.02.03.108 (page 16) (2002) requires each school to provide a comprehensive guidance program, which includes guidance, individual planning, responsive counseling, consultation, and referral services, and system support functions. Statute 33-1212 allows elementary counseling services to be flexible and responsive in their hiring of counseling or social work personnel.

Identification of Students with Emotional or Mental Disorders: No state policy. 

Suicide Prevention: State Board of Education Administrative Rule 08.02.03.160 (page 33) (2002) requires school districts to have comprehensive policies and procedures that address suicide prevention. 

HIV, STD and Pregnancy Testing and Counseling: No state policy  

Immunity of Liability
: No state policy.   

Substance Abuse
: No state policy.

Identification of Students with Mental or Emotional Disorders: No state policy.

Illinois

Last Updated: 7/24/2008

Requirement to Provide Services: Per State Board of Education Memorandum (2004), each school district is required to review and update its current special education policies to ensure that children with behavioral or emotional disorders are receiving all of the related service that they need, including psychological counseling services, as part of a free appropriate public education in the least restrictive environment". These policies and procedures must be in compliance with federal IDEA requirements. Additional guidance is outlined in this memorandum. 

Identification of Students with Mental or Emotional Disorders: No state policy. 

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Indiana

Last Updated: 8/13/2008

Requirement to Provide Services: 511 IAC 4-1.5-5 (2000) requires school corporations to provide student assistant services at the elementary and secondary levels, including prevention, assessment, intervention, and referral services coordinated by a certified school counselor, psychologist, or social worker.

Identification of Students with Mental or Emotional Disorders: 511 IAC 7-25-2 (2000) requires public and private schools, institutions, and agencies to establish, maintain, and implement written procedures for the location, identification, and evaluation of students for whom a pattern of behavioral or performance concerns within the school setting indicates a need for special education or related services.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Kansas

Last Updated: 11/20/2011

Requirement to Provide Services: No state policy.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: Statute 72-53,105 (1985) allows school boards to provide or enter into contracts for the provision of programs for the identification, examination, prevention and resolution of alcohol and drug abuse problems".

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: Statute 72-53,104 (1984) grants immunity of liability to any school district, governing body, and employee who in good faith reports or takes action in assisting, or referring for assistance to any medical, treatment or social service agency or facility, any pupil reasonably believed to be abusing or incapacitated by the use of alcohol or other drugs."


Kentucky

Last Updated: 5/23/2013

Requirement to Provide Services:  907 KAR 1:715 (2004) requires mental health services to be provided to address medical and mental disabilities in accordance with any individualized education program.

Identification of Students with Mental or Emotional Disorders: No state policy.
Substance Abuse: No state policy.
Suicide Prevention: No state policy.
HIV, STD, and Pregnancy Testing and Counseling:  No state policy.
Immunity of Liability: No state policy.

Louisiana

Last Updated: 8/13/2008

Requirement to Provide Services: Upon approval of its governing authority, RS 17:416.17 (2001) authorizes elementary schools to develop and offer youth development and assistance programs for students in kindergarten and elementary grades, which include the provision of behavioral training and intervention services that enhance conflict resolution, peer mediation, life skills training, and counseling skills.

RS 17:252 (2003) requires each school district to develop and submit a master plan for supporting student behavior and discipline that may include providing improved mental health services.

Identification of Students with Mental or Emotional Disorders: RS 17:392.1 (1999) requires every child in public school to be screened for the existence of impediments to a successful school experience at least once in grades K-3. No child shall be screened if his/her parent or tutor objects to such screening. The impediments include attention deficit disorder and social and environmental factors that put a child at-risk." Additionally, upon approval of its governing authority, RS 17:416.17 authorizes elementary schools to develop and offer youth development and assistance programs for students in kindergarten and elementary grades, which shall include early identification of and support for students who are at-risk before their behavior escalates into aggression or disruption, discipline problems, or juvenile delinquency.

Substance Abuse: RS 17:404 (1994) requires any student enrolled in a public or private elementary or secondary school that is identified as having a substance abuse problem to participate in a drug counseling program. RS 40:1098.7 (1994) allows a school to solicit and use any available state, federal, or private resources, which may include but shall not be limited to funds, in-kind resources, or volunteer services, for the purpose of providing preventive counseling services or treatment for alcohol or drug abuse.

Suicide Prevention: RS 17:282.4 (2001) requires the State Board of Elementary and Secondary Education to prescribe rules and regulations necessary for a statewide youth suicide prevention plan in public elementary and secondary schools. These policies for programs to offer services may include individual, family, group counseling services related to youth suicide prevention; referral, crisis intervention, and information for students, parents, and school personnel; and training for school personnel and other responsible for counseling or supervising student activities.

HIV, STD, and Pregnancy Testing and Counseling: Louisiana does not require schools or districts to provide voluntary HIV, STD, or pregnancy testing to students.

RS 40:31.3 (1991) prohibits school health centers from counseling or advocating abortion in any way or referring students to an organization for counseling or advocating abortion. The statute further prohibits the distribution of contraceptive or abortifacient drug, device, or similar products in school health centers.
 

Immunity of Liability: RS 17:439 (1999) does not allow any action to be brought against a school employee provided that the employee's actions or statements were within the scope of his/her duties as defined by the school board. A school employee includes school-based administrators, classroom teachers, and counselors.


Massachusetts

Last Updated: 8/13/2008

Requirement to Provide Services: 603 CMR 26.04 (no date available) states, "no materials, tests or procedures shall be employed for guidance purposes that discriminate and/or limit choices on the basis of sexual orientation". The Massachusetts Department of Education's Recommendations on the Support and Safety of Gay and Lesbian Students suggest school counseling services provide counseling and support groups for students and their families, addressing issues of particular concern for gay and lesbian students.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: The State Board of Education's AIDS/HIV Prevention Education Policy (1991) [no link available] recommends all school committees consider making condoms available at the secondary school level.

Immunity of Liability: General Law 258.9 (no date available) indemnifies public employees for injuries, death, or other losses caused by negligent or wrongful act or omission while acting within the scope of his or her employment.


Maryland

Last Updated: 7/18/2011

Requirement to Provide Services: State Board of Education Regulation 13A.05.05.01 (1989) requires each local school system to provide a coordinated program of pupil services, including guidance, school psychology, and health services. These services are also to include alternative and supplemental programs for students at risk. 

Code §7-401 (2005) requires each county board, with the assistance of the county health department, to provide adequate school health services. 

The school psychology program, per State Board of Education Regulation 13A.05.05.04 (1989), is to be a is to prevent or remediate educational, emotional, or behavioral problems by identifying, analyzing, and reporting psycho-educational needs through consultation, observation, or through psychological and educational assessment.

Identification Students with Mental or Emotional Disorders: Code 7-415 (1998) implements a health program in the underserved Caroline county, which concentrates on the early identification, health counseling, and referral for mental health problems to prevent suicides.

Substance Abuse: State Board of Education Regulation 13A.08.01.08 (2003) requires local boards of education to adopt policies on alcohol and other drug use or possession, including student referral procedures.

Suicide Prevention: Code 7-504 (1996) requires schools to establish a Youth Suicide Prevention Program, and includes standards for counseling, crisis intervention, and training of school personnel and others involved in counseling or supervising school activities. These programs are also to provide educational and/or training programs to address the issue of youth suicide through a variety of topics. Code 7-415 (1998) also implements a health program in the underserved Caroline county, which concentrates on the early identification, health counseling, and referral for mental health problems to prevent suicides.

HIV, STD, and Pregnancy Testing and Counseling: Maryland does not address testing, counseling, or condom availability programs. Code 7-401 delegates the authority for HIV, STD, and pregnancy testing and counseling to the local boards of education.

Immunity of Liability: No state policy.


Maine

Last Updated: 6/4/2013

Requirement to Provide Services: Education Rule Chapter 125, Section 9.02 (2002) requires schools to have a Comprehensive Guidance Program, which includes guidance and counseling services, for grades K-12 to the immediate needs and concerns of students, parents, and staff.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: Education Rule Chapter 125, Section 9.02 requires schools to provide counseling and consultation services to respond to the immediate needs and concerns of students, parents, and staff.

Suicide Prevention: The Maine Suicide Prevention Program, is a statewide initiative aimed at reducing the incidence of suicide among youth and adults.


Michigan

Last Updated: 12/20/2012

Requirement to Provide Services: Michigan has no specific state policy requiring schools to provide counseling and mental health services. The Michigan Comprehensive Guidance and Counseling Program recommends curriculum for academic, personal-social, and career development. The State Board of Education's Policies on Safe Schools (2000) recommends public schools offer appropriate post-traumatic support to victims of school violence. The Policy on the Management of Asthma in Schools (2005) also recommends schools provide appropriate mental health services for students with asthma. 

The State Board's Policy on Integrating Mental Health in Schools (2010) recommends that schools create or designate a team to provide mental health assistance, including follow-up, to individual students as indicated. Each team should, at a minimum, include a mental health provider such as a school social worker, psychologist, counselor, or community mental health provider; a school liaison, and other community representative where available and appropriate. It also recommends developing an MOU with local mental health providers outlining roles, relationships and responsibilities, with the purpose of improving access to services for students and their families. The policy recommends establishing an arrangement for an on-site mental health provider to deliver mental health treatment services to students on an on-going, as-needed basis.

Substance Abuse: No state policy.

Suicide Prevention: The Revisde School Code, Act 451 of 1976,  (Sec 380.1171) requires the school district or board of directors to provide age appropriate instruction for pupils and school personnel concerning the warning signs and risk factors for suicide and depression and protective factors that help prevent suicide. The board    Section Sec 380.1171. Suicide prevention and awareness; instruction and professional development. The board of a school district or board of directors of a public school academy is encouraged to work with school personnel and local or state organizations and resources specializing in suicide prevention and awareness. The code requires the Department of Education to develop or identify model programs and materials, and requires the school board to notify parents of students receiving suicide prevention instruction.

HIV, STD, and Pregnancy Testing and Counseling: Michigan does not require schools or districts to provide voluntary HIV, STD, or pregnancy testing or counseling services.

Public Act 336 of 1993 prohibits a school official from making referrals for abortions. Michigan School Code 380.1507 prohibits anyone from dispensing or distributing a family planning drug or device on public school property and prohibits the teaching of abortion as a method of reproductive health. Violation of this prohibition by any school results in the forfeiture of 5% of its state aid appropriation per the State School Aid Act 388.1766 (1996).

Immunity of Liability: The Governmental Liability for Negligence Act 691.1401-692.1419 (1964) generally gives immunity or defines the limits of immunity to all government employees and agents of liability when acting on behalf of the state of Michigan.

Identification of Students with Mental or Emotional Disorders: The State Board's Policy on Integrating Mental Health in Schools (2010) recommends that schools institute an approved mental health policy and protocol that specifically delineates how students will be identified, assessed, and when applicable, will receive appropriate intervention including a possible referral for mental health services.

The Michigan Mental Health Code provides in section 330.1707 that mental health professionals may treat minor children who are at least age 14 without the consent or knowledge of the minor's parent or guardian. In fact, the health professional cannot without the consent of the minor inform the parent or guardian of the mental health services. The treatment has to be on an outpatient basis and cannot extend for more than twelve sessions or fourth months of services after which time the treatment can continue but only with parental consent.


Minnesota

Last Updated: 11/26/2011

Requirement to Provide Services: There is no specific state policy. However, the Comprehensive School Safety Guide (2008) provides guidelines for school districts to address crisis/emergency/disaster preparedness, including grief counseling.

Identification of Students with Mental or Emotional Disorders: Statute 121A.45 (2004) calls for arrangements for mental health screenings to be made for a pupil with the permission of the parent or guardian only if a pupil's removal from school exceeds 10 cumulative days in a school year. The district, however, is not required to pay for the mental health screening.

Substance Abuse: No state policy.

Suicide Prevention: Statute 121A.582 (2001) allows a teacher, principal, other school employee, school bus drive, or other agent of the district to exercise their authority in using reasonable force under necessary circumstances to correct, restrain a student, or prevent bodily harm or death to another. The Statute presents a defense for an authority figure that exercised reasonable force. The Comprehensive School Safety Guide (2008) provides guidelines for school districts addressing procedures that apply to close physical confrontations, which could result in significant physical threat, including suicide.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Missouri

Last Updated: 8/27/2008

Requirement to Provide Services: Rule 30-345.010 in section 6.9 of the Missouri School Improvement Program's Integrated Standards and Indicators Manual (2001) requires students have access to responsive services that assist them in addressing issues. The Missouri School Improvement Program (MSIP) (2001) determines guidance services as an integral part of the instructional program.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: No state policy.

Suicide Prevention: Revised Statute 161.235 (2000) and 5 CSR 60-120.080 (2001) require the department of elementary and secondary education to adopt a 4-year competitive grant program that authorizes funds or subsidies for the establishment or expansion of a student suicide prevention program. 

HIV, STD, and Pregnancy Testing and Counseling: Missouri does not require or prohibit schools or districts to provide voluntary HIV, STD, or pregnancy testing or counseling services to students. However, Revised Statute 167.611 (1993) states, "contraceptive devices or contraceptive drugs shall not be provided by school personnel or their agents. When a child seeks contraceptive devices or contraceptive drugs, the child shall be referred to the previously designated family practitioner." In addition, parents must give written permission for a student to receive such a referral. 

Immunity of Liability: No state policy.


Mississippi

Last Updated: 4/21/2008

Requirement to Provide Services: Mississippi Public School Accountability Standards (2004) require each high school to provide student support services by a minimum of a ½ time by a licensed guidance counselor, and at the elementary level, by a qualified school personnel such as a guidance counselor, social workers, nurse, psychologist, psychometrist, etc. Code §37-9-79 (2002) lists the counseling services guidance counselors are required to provide.

Identification of Students with Mental or Emotional Disorders: Code §37-9-79 (2002) requires school counselors to provide student assessment and assessment counseling.

Substance Abuse: Code §37-9-79 (2002) requires school guidance counselors to provide preventive counseling and crisis intervention services.

Suicide Prevention: Code §37-9-79 (2002) requires school guidance counselors to provide preventive counseling and crisis intervention services.

HIV, STD, and Pregnancy Testing and Counseling: Mississippi does not require schools or districts to provide voluntary HIV, STD, or pregnancy testing to students.

Code §41-79-5 (2000) prohibits school nurses from providing abortion counseling or referring a student to abortion counseling or clinics. State law also does not prohibit teachers or counselors from discussing any topics with students.

Immunity of Liability: No state policy.


Montana

Last Updated: 12/19/2012

Requirement to Provide Services: Administrative Rule 10.55.1901 (2001) sets standards for all schools which counseling and mental health services to provide a comprehensive program that meets stated standards for delivery of services. In addition, the IDEA (34CFR300) and Montana rules ARM 10.16.3007-3904 require school districts to provide counseling and mental health services to students with disabilities when the need for such services has been determined by the student’s Individual Education Program team. Additionally, Administrative Rule 37-106-1955 allows mental health centers to enter into contracts with school districts to provide Comprehensive School and Community Treatment (CSCT) services to students and families in the school setting.

Identification of Students with Mental or Emotional Disorders: The IDEA and Montana regulations cited above require schools to evaluate and identify students with disabilities, including students with emotional disabilities. MCA 20-7-403 (2005) does require the superintendent of public instruction to establish procedures to be used by school district personnel in identifying a child with a disability. MCA 20-7-414 (2005) then requires the school district to determine which children require special education and the type needed. For students without disabilities, there are no specific regulations that require schools to seek the identification of students with mental disorders, but the CSCT regulations do encourage schools to actively participate with the mental health centers to identify and provide service to students with mental health issues.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.

North Carolina

Last Updated: 5/21/2009

Requirement to Provide Services: Part II of North Carolina's Basic Education Plan for Public Schools (1994) requires school districts to provide school counseling, psychological, and social work services to help prevent or correct any conditions which might interfere with learning. School counselors, per the State Board's school counselor job description, are required to provide individual and group counseling services to meet the developmental, preventive, and remedial needs of students.

Identification of Students with Mental or Emotional Disorders: Part II of the North Carolina's Basic Education Plan for Public Schools requires pre-school screening programs which screen for cognitive, social, and emotional maturity. Further, the required dropout prevention program may give funding to local programs that generally seek to recognize students who may face problems and prevent and ameliorate those problems before they become severe. Programs that counsel at-risk students by focusing on preventing and alleviating the problems that may lead to them dropping out, behavior improvement programs, and special programs for at-risk students that meet local needs (e.g. school psychology services) also may receive state funding.

Substance Abuse: Part II of the North Carolina's Basic Education Plan for Public Schools requires school social work services to include referral to community agencies for help with substance abuse. Special programs for counseling at-risk students, such as substance abusers, are recommended as part of a drop-out prevention strategy.

Suicide Prevention: North Carolina has no policy that specifically addresses suicide prevention, but part II of the Basic Education Plan for Public Schools general requirement to provide school counseling, psychological, and social work services includes crisis intervention and general counseling.

HIV, STD, and Pregnancy Testing and Counseling: North Carolina does not require schools or districts to provide voluntary HIV, STD, or pregnancy testing or counseling services to students. However, Part II of the North Carolina's Basic Education Plan for Public Schools does suggest counseling services for pregnant and adolescent mothers be provided as part of a drop-out prevention strategy.

Statute 115C-81 says that students may only receive information about obtaining contraceptives and abortion referral services in accordance with a local board's policy regarding parental consent". Contraceptives may not be distributed on school property. 

Immunity of Liability: No state policy.


North Dakota

Last Updated: 12/28/2011

Requirement to Provide Services: Code 67-19-01-39 requires 3.75 minutes of services per week per student in grades k-6 and 6 minutes of services per week per student in grades 7-12.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: Code 15.1-24-01 (no date available) requires "the superintendent of public instruction to adopt rules regarding the implementation of chemical abuse prevention programs in schools", which would include counseling services.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: North Dakota does not require schools or districts to provide voluntary HIV, STD, or pregnancy testing to students. Further, the state does not require or prohibit schools or districts from providing voluntary HIV, STD, or pregnancy counseling to students.

Codes 15.1-19-05 (no date available) and 15.1-19-06 (no date available) prohibits school district employees from distributing a birth control device to a student or making abortion referrals to any other person or entity.

Immunity of Liability: No state policy.


Nebraska

Last Updated: 12/21/2011

Requirement to Provide Services: Rule 92 NAC 10-007.05 (no date available) requires schools to provide K-12 guidance and counseling program.

Identification of with Mental or Emotional Disorders: No state policy.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


New Hampshire

Last Updated: 12/22/2011

Requirement to Provide ServicesState Board of Education Rule Ed 306.13 (2005) requires schools to develop and implement a written plan for the school's comprehensive developmental guidance and counseling program.

Identification of Students with Mental or Emotional Disorders: State Board of Education Rule Ed 306.39 (2005) requires school guidance and counseling programs to provide for the responsive services, which include crisis assessment and referral.

Substance Abuse: State Board of Education Rule Ed 306.39 requires school guidance and counseling programs to provide for the responsive services, which include substance and abuse issues.

Suicide Prevention: State Board of Education Rule Ed 306.39 requires school guidance and counseling programs to provide for the responsive services, which include crisis assessment and referral.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


New Jersey

Last Updated: 1/22/2013

Requirement to Provide Services: State Board of Education Administrative Code N.J.A.C. 6A:14-3.9 (no date available) requires counseling services be provided by an appropriately certified and/or licensed professional to a student with a disability when required for the student to benefit from the educational program.

Intervention and Referral Services: State Board of Education Administrative Code N.J.A.C. 6A:16-8 requires school districts to establish and implement a coordinated system in each school building in which general education students are served for the planning ad delivery of intervention and referral services that are designed to assist students who are experiencing learning, behavior or health difficulties and to assist staff who have difficulties addressing students’ learning, behavior or health needs. Districts must choose a multidisciplinary team approach for planning and delivering these services.

Harassment, Intimidation and Bullying: N.J.S.A. 18A:37-15b(6)(7) requires school district’s harassment, intimidation and bullying policies to include the range of ways in which a school will respond to identified HIB incidents that must include an appropriate combination of counseling, support services, intervention services and other programs. N.J.S.A. 18A:37-15b(5) permits the principal to discuss with parents of alleged offenders or victims of HIB, as appropriate, the availability of counseling and other intervention services.

Identification of Students with Mental or Emotional Disorders: State Board of Education Administrative Code N.J.A.C. 6A:14-3.9 (no date available) requires school districts to provide students with disabilities, including emotionally disturbed students, counseling services.  Counseling is to be done by district personnel is to be done by certified school psychologists, social workers, or guidance counselors.  N.J.S.A. 18A:46-11 (1967) require each local board of education to employ a psychological examiner to work jointly with special education personnel in carrying out procedures of diagnosing and classifying psychological or other service needs.

Substance Abuse: N.J.S.A. 18A:40A-10 and 11 and State Board of Education Administrative Code N.J.A.C. 6A:16-4 require school districts to adopt a substance abuse referral and intervention process. State Board of Education Administrative Code N.J.A.C. 6A:16-3.1 (2001) requires each district board of education to establish a comprehensive program of alcohol, tobacco, and other drug prevention, intervention, referral for evaluation, referral for treatment and continuity of care. N.J.S.A. 18A:40A-18 and State Board of Education Administrative Code N.J.A.C. 6A:16-3.1(a)5 establishes the mandated functions and State Board of Education Administrative Code N.J.A.C. 6A:9-13.2 establishes the certification requirements for substance awareness coordinators (SACs), should the district choose to employ the services of a SAC. (The title of substance awareness coordinator was changed to student assistance coordinator in N.J.S.A. 18A:40A in 2009.)

HIV, STD, and Pregnancy Testing and Counseling: N.J.S.A. 18A:6-112 (2005) requires that public school teaching staff members complete at least two hours of instruction in suicide prevention as part of the State Board's professional development requirement.

State guidance for delivery of school based student intervention and referral services, which are required by State Board of Education Administrative Code N.J.A.C. 6A:16-7 (no date available) include recommendations for recognizing and addressing student learning and health programs related to sexual health.

New Jersey does not otherwise require or prohibit schools or districts to provide voluntary HIV, STD, or pregnancy testing or counseling services to students.  Teachers or counselors are not prohibited from discussing any topics with students.

Immunity of Liability: No state policy.


New Mexico

Last Updated: 8/14/2008

Requirement to Provide Services: No state policy.

32A-6-14 NMSA (1978) states that any child shall have the right, with or without parental consent, to consent to and receive individual psychotherapy, group psychotherapy, guidance, counseling or other forms of verbal therapy that does not include aversive stimuli or substantial deprivations.(this does not include electroconvulsive therapy or psychotropic medications).

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: No state policy.

Suicide Prevention: No state policy. New Mexico complies with Title IV requirements. 6.30.2.19 NMAC (2000) details the Health Education Standards (1997, revised 2006) content standards with benchmarks and performance standards for health education, which include suicide prevention education for grades K-12.

HIV, STD, and Pregnancy Testing and Counseling: 24-1-9 NMSA (1978) states that any person regardless of age has the capacity to consent to an examination and treatment by a licensed physician for any sexually transmitted disease.

24-8-5 NMSA (1978) states that neither the statenor any health facility furnishing family planning services shall subject any person to any standard or requirement as a prerequisite for receipt of an requested family planning service(exceptions do not address age of client).

24-10-2 NMSA (1978) states that in case of emergency in which a minor is in need of immediate hospitalization, medication attention or surgery and the parents of the minor cannot be located for the purpose of consentingafter reasonable efforts have been made., consent can be given by any person standing in locus parent is to the minor.

Immunity of Liability: No state policy.


Nevada

Last Updated: 8/14/2008

Requirement to Provide Services: No state policy.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


New York

Last Updated: 12/27/2011

Requirement to Provide Services: Commissioner's Regulation 100.2 (j) (no date available) requires public school districts to provide guidance services for students in grades K-12. Programs at the K-6 and 7-12 levels shall help students who exhibit any attendance, academic, behavioral, or adjustments problems. Certified or licensed school counselors must be available to provide services at the 7-12 grade level. Certified or licensed school social workers and school psychologists may also be employed in addition to school counselors in programs for grades 7-12.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: Education Law 912-a (no date available) states that if it be ascertained via a drug test that any child is making use of dangerous drugs, the school authorities shall report to the social services department for the social services district wherein such school is located and to the parent or legal guardian of such child together with a statement to such parent or guardian as to available programs and facilities to combat such dangerous drug usage.

Suicide Prevention: No state policy. However, the Office of Mental Health provides an optional suicide prevention program for schools.

HIV, STD, and Pregnancy Testing and Counseling: No state policy. However, Commissioner's Regulation 135.3 (2004) states that a local board of education that decides to make condoms available to students must, among other things "make condoms available only to students who participate in an appropriate AIDS instruction program as defined in this section; provide each student receiving condoms with accurate and complete health guidance as to the risks of disease that may result from the student's use or misuse of such product, which appropriately takes into account the child's age; and, assure that such personal health guidance is provided by health service personnel or school personnel trained and supervised by competent health professionals or health educators."

Immunity of Liability: No state policy.


Ohio

Last Updated: 8/14/2008

Requirement to Provide Services: No state policy.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: The State Board of Education's  School Substance Abuse and Violence Prevention Policy (2006) (2006) mandates the Department of Education to build capacity for school districts to create safe and caring learning environments that prevent students from engaging in alcohol and other drug use. The policy also strongly" encourages districts to adopt policies to prevent violence, alcohol, tobacco, and other illegal drug use.

Suicide Prevention: The State Board of Education's  School Substance Abuse and Violence Prevention Policy (2006) mandates the Department of Education to build capacity for school districts to create safe and caring learning environments that prevent students from engaging in violence and other self-destructive behaviors that may lead to suicide. The policy also strongly" encourages districts to adopt policies to prevent violence, alcohol, tobacco, and other illegal drug use.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.
 

Immunity of Liability: No state policy.


Oklahoma

Last Updated: 9/2/2008

Requirement to Provide Services: Statute 70-24-100.1 (2000) recommends preventative services be provided through greater access to mental health counseling and social services for students. Contracting with non-profits, seeking alternative funding, and encouraging state board of education to allow the use of licensed professional counselor and social workers are suggested.

Identification of Students with Mental or Emotional Disorders: Statute 43A-12-104 (2004) establishes the Youth Suicide Prevention Council whose task, in part, is to provide technical assistance to schools for identifying at-risk students.

Substance Abuse: Statute 70-1210.229-5 (1991) requires the State Superintendent of Public Instruction, the Department of Education, and the Drug and Alcohol Abuse Policy Board to establish and annually review model drug and alcohol abuse policies, including referral services. They are also to develop and implement strategies to encourage schools to employ guidance counselors trained in substance abuse prevention and life skills.

Suicide Prevention: Statute 43A-12-102 (2001) outlines the goal of the Youth Suicide Prevention Act to reduce the number of attempted suicides and suicides in the state by improving methods of identifying children, youth, and young adults who are at risk, improving awareness of and access to mental health services, and coordinating and developing community resources to prevent attempted suicides and suicides among children, youth, and young adult. Statute 43A-12-104 establishes the Youth Suicide Prevention Council whose task is to assist in the development and coordination of local resources to address the issue of youth suicide. It is also to provide technical assistance to schools for identifying at-risk students, identify and promote strategies for prevention, and promote public awareness of the problem.

HIV, STD, and Pregnancy Testing and Counseling: There are no state requirements or prohibitions as to voluntary HIV, STD, or pregnancy testing or counseling services to students. State law does not prohibit teachers or counselors from discussing any topics with students.

Immunity of Liability: No state policy.


Oregon

Last Updated: 8/14/2008

Requirement to Provide Services: OAR 581-022-1510 (1996) requires each district and school to provide a guidance and counseling program.

Suicide Prevention: No state policy.

Identification of Students with Mental or Emotional Disorders: OAR 581-022-1510 requires school guidance and counseling programs to identify each student's guidance and counseling needs.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Pennsylvania

Last Updated: 9/28/2010

Requirement to Provide Services: 022 PA Code 12.41 (2005) requires school districts to promote a comprehensive and integrated services program based on the needs of its students, as evidenced by the submission of a PreK-12 Student Services Plan.(2005, 2006).

Identification of Students with Mental or Emotional Disorders: 24 P.S. 15-1547 (2002) and the SAP mandate state that the SAP team's primary designation is to identify and assist other school personnel in identifying student problems and issues, including alcohol, tobacco, other drugs, and mental health issues which pose a barrier to a student's success. 022 PA Code 7.12 also requires psychological program services to provide timely identification of students experiencing significant educational adjustment difficulties".

Substance Abuse: 24 P.S. 15-1547 designates the Student Assistance Program (SAP) as the vehicle to require and assist each school district to establish and maintain a program to provide appropriate counseling and support services for students who experience problems related to the use of drugs, alcohol and dangerous controlled substances". This statute also requires student counseling and support services be provided for drug, alcohol, and dangerous substance abuse.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: 42 P.S. 83C-8337 (1972) makes any officer or employee of a school who, in the scope of their duties, reports student drug or alcohol abuse to another officer or employee of the school, to the student's parent or guardian or spouse, or refers said student for treatment or counseling or disciplinary action by school authorities relating to drug or alcohol abuse immune from civil liability.


Rhode Island

Last Updated: 2/13/2013

Requirement to Provide Services: No state policy.

Statutes 16-73-1, 16-73-2, and 16-73-3 (1993) creates child opportunity zones: to deliver comprehensive and coordinated social services at or near school sites.

Identification of Students with Mental or Emotional Disorders: Statute 16-21-23 (2003) states that the school crisis response team shall be comprised of those selected school personnel willing to serve as members of a psychological response team to address the psychological and emotional needs of the school community.

Substance Abuse: No state policy.

Suicide Prevention: Statute 16-22-14 (1986) requires the department of elementary and secondary education to develop and prescribe a suicide prevention awareness program for public school students in grades 9-12.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


South Carolina

Last Updated: 9/29/2010

Requirement to Provide Services: No specific policy; however, Code 59-10-320 (2005) requires the State Department of Education to make available to each district a coordinated school health model to address children's health issues, including guidance and health.

Suicide Prevention: No state policy.

Substance Abuse: No state policy.

Identification of Students with Mental or Emotional Disorders: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: The Comprehensive Health Education Act Code 59-32-30 prohibits school authorities from providing abortion counseling in schools. Code 59-1-405 (no date available) prohibits the distribution of a contraceptive device or contraceptive medication in or on school grounds of any public elementary or secondary schools. Further, no school may contract with a contraceptive provider for their distribution in or on school grounds.

Immunity of Liability: No state policy.


South Dakota

Last Updated: 1/12/2013

Requirement to Provide Services: No state policy. Statute 13-32-3 (1961) prohibits a public school administrator or teacher from referring a student for psychiatric treatment without prior consent from the student's parent or guardian.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Tennessee

Last Updated: 9/26/2011

Requirement to Provide Services: Code 49-6-303 (1999) requires schools to employ school counselors in grades K-12 in order to provide preventative and developmental counseling.

The State Department of Education's Physical Activity Policy (2005) requires, beginning July 1, 2006, that each LEA implement the School Counseling, Psychological, and Social Services Module of the CDC's School Health Index to plan and assess each school's counseling and mental health services.

Identification of Students with Mental or Emotional Disorders: Code 49-6-303 (1999) requires school counselors to offer services related to the identification and placement of children with handicapping conditions and to implement an early identification and prevention program for potential attendance and retention problems. Code 49-6-6101 (1994) requires the state departments of education and mental health and mental retardation to take the listed actions to improve and coordinate services for behavioral emotionally disturbed children.

Substance Abuse: Code 49-6-4213 (2000) requires the principal or counselor of a school in which a student tested positive for drugs to provide referral information to said student and their parents or guardian, including inpatient, outpatient, and community-based drug and alcohol treatment.

Suicide Prevention: Code 49-6-3004 (2007) states the commissioner shall require that in-service training include at least two hours of suicide prevention education for all teachers and principals each school year.

HIV, STD, and Pregnancy Testing and Counseling: Code  68-34-107 (1971) allows contraceptive supplies and information be furnished by physicians to any minor who is pregnant, a parent, or married, or who has the consent of the minor's parent or legal guardian, or who has been referred for such service by another physician, a clergy member, a family planning clinic, a school or institution of higher learning, or any agency or instrumentality of this state or any subdivision of the state, or who requests and is in need of birth control procedures, supplies or information.

The Tennessee State Board of Education, HIV/AIDS Policy for Employees and Students of Tennessee Public Schools 5.300 (2005) requires students have access to voluntary counseling about matters related to HIV infection. School administrators must maintain a list of counseling and testing resources in the community and make it available for voluntary student use.

Immunity of Liability: No state policy.


Texas

Last Updated: 10/3/2010

Requirement to Provide Services: Education Code 33.005 (2001) requires school counselors, working with the school and broader community, to plan, implement, and evaluate a developmental guidance program. This program is to include a responsive services component to intervene on behalf of any at-risk student and an individual planning system component to provide guidance for each student. A Model Comprehensive, Developmental Guidance and Counseling Program for Texas Public Schools: A Guide for Program Development Pre-K-12th Grade (2004) provides a model for schools to follow when developing their developmental guidance programs. Education Code 29.312 (1995) also requires appropriate psychological counseling services to be made available for those students who are deaf or hard of hearing.

Identification of Students with Mental or Emotional Disorders: Education Code 38.057 (2001) requires the school medical staff, along with the parental guardian, to jointly identify any health-related concerns of a student which may be interfering with their well-being or ability to succeed in school. Referrals for mental health services require notification of the parental guardian in writing, whose authorization is needed for potential treatment. Education Codes 26.009 (1997) and 29.0041 (2003) require parental consent before conducting a psychological examination, test, or treatment on a child. 

Substance Abuse: No state policy.

Suicide Prevention: Texas has no specific state policy addressing suicide prevention services; however, the responsive services requirement of Education Code 33.005 (2001) implies suicide prevention be addressed.

HIV, STD, and Pregnancy Testing and Counseling: Education Code 29.085 (1995) allows a school district to provide an integrated education and support services program for students who are pregnant or who are parents. Education Code 38.055 (2001) forbids the provision of reproductive services, counseling, or referrals to be provided through a school-based health center using grant funds. Further, Education Code 28.004 (2003) prohibits a district from distributing condoms in connection with human sexuality instruction.

Immunity of Liability: Education Code 22.0511 (2003) grants immunity of personal liability to all professional school employees for any act incident to or within the scope of their duties that involves the exercise of judgment or discretion. Only the use of excessive force or negligence resulting in bodily harm voids their immunity of liability.


Utah

Last Updated: 9/4/2008

Requirement to Provide Services: R277-462 (2004) establishes standards and procedures for schools to apply funds for comprehensive guidance programs including guidance curriculum, responsive services, and educational and occupational planning.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: Code 76-7-322 (1995) prohibits teachers from providing voluntary HIV, STD, or pregnancy counseling to students. In addition, Code 53A-13-101 (2004) details a number of limitations on HIV, STD, and pregnancy prevention education in Utah schools. While the code references prevention education, it refers to spontaneous questions raised by students. At no time may instruction be provided, including responses to spontaneous questions raised by students, regarding any means or methods that facilitate or encourage the violation of any state or federal criminal law by a minor or an adult. In addition, instruction is prohibited in the intricacies of intercourse, sexual stimulation, or erotic behavior; the advocacy of homosexuality; the advocacy or encouragement of the use of contraceptive methods or devices; or the advocacy of sexual activity outside of marriage.

Immunity of Liability: No state policy.


Virginia

Last Updated: 11/16/2010

Requirement to Provide Services: 8VAC20-620-10 (2005) requires schools to reasonably provide personal and social counseling with available resources.

Identification of Students with Mental or Emotional Disorders: Virginia has no specific policy for identifying or counseling students with mental or emotional disorders. However, 8VAC20-620-10 (1996) does require local school boards to prohibit the use of counseling techniques that are normally employed in a clinical setting and focus on mental illness.

Substance Abuse: No specific policy; however, 8VAC20-310-10 (1980) does require public schools to create an environment whereby students may seek and receive counseling about substance abuse and related problems without fear of reprisal".

Suicide Prevention: Code 22.1-272.1 (2003) requires school employees who believe a student is in imminent risk of suicide to contact that student's parents to inquire about their knowledge of the student's mental state and whether the parents have or wish to obtain counseling for the student. If suspected parental abuse or neglect is indicated as the reason for imminent risk for suicide, then social services is to be contacted instead of the parents, emphasizing the need for immediate action. The Board of Education is required to develop guidelines for implementing this policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: Code 8.01-581.13 (2001) states that school psychologists and licensed professional counselors are immune from civil liability unless they acted in bad faith or with malicious intent when performing their duties.


Vermont

Last Updated: 2/29/2012

Requirement to Provide Services: No state policy.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: 16 VSA 1165 (1983) requires the state board to formulate a policy and guidelines on the referral for rehabilitation of students involved with alcohol or drug abuse on school property or at school functions. Districts are to develop their own policies consistent with the state board's guidelines. Board Rule 4212 (2003) requires district policies to include support and referral systems and cooperative agreements, including initial assessment, support, and referral to community resources for such students.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Washington

Last Updated: 7/21/2008

Requirement to Provide Services: No state policy.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Wisconsin

Last Updated: 10/10/2011

Requirement to Provide Services: Statute 121.02 (2001) and Code PI 8.01 (2004) require each school board to provide guidance and counseling services for all pupils. Statute 118.13 (1997) states that no person shall be discriminated against receiving pupil services based on gender, race, religion national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional or learning disability.

Identification of Students with Mental or Emotional Disorders: Statute 115.77 (1999) requires local educational agencies to identify, locate, and evaluate all children with disabilities in need of special education and related services.

Substance Abuse: Statutes 115.36 and 115.361 (1999) require the Department of Public Instruction to provide consultation, technical, and fellowship grants assistance to public and private schools for the development and implementation of alcohol and other drug abuse  prevention programs.

Suicide Prevention: Statute 115.365 (1995) requires the Department of Public Instruction to provide consultation and technical assistance to public and private schools for the development and implementation of suicide prevention programs. Statute 118.295 (1997) protects any school board of employee who in good faith attempts to prevent suicide" from civil liability.

HIV, STD, and Pregnancy Testing and Counseling: Statute 252.15 states, "If all of the conditions under Statute 938.02 (10p) are met, an employee of a school district, cooperative educational service agency, charter school, private school, Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired, while performing employment duties involving an individual; who is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or non-antigenic products of HIV or an antibody to HIV and may receive disclosure of the results."

Wisconsin does not require schools or districts to provide voluntary HIV, STD, or pregnancy testing to students. Further, the state does not require or prohibit schools or districts from providing voluntary HIV, STD, or pregnancy counseling to students. The state also does not have any laws prohibiting teachers or counselors from discussing any specific topics with students.

Statute 450.16 (1985) prohibits the sale of contraceptives in vending machines in public schools. Violation of this law is punishable by a fine of up to $10,000 and/or nine months in prison.

Immunity of Liability: Statute 118.295 grants immunity of liability to any school or school employee, volunteer, or officer who in good faith attempts to prevent a suicide. Statute 118.126 also grants immunity of liability to school psychologists, counselors, social workers, nurses, or any teacher or administrator who engages in alcohol or drug abuse program activities, who in good faith discloses or fails to disclose information.


West Virginia

Last Updated: 3/14/2012

Requirement to Provide Services: Board Policy 2510 (2008), per Code 18-5-18b (no date available), requires each county board to provide counseling and psychological services for each pupil enrolled in the public schools of the county. Board Policy 2315 (2002) further requires public schools to establish and implement comprehensive developmental guidance and counseling programs.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: Board Policy 2422.5 (2005) requires county boards of education to have clear procedures for intervention and referral of students with substance abuse problems. : Board Policy 2315 requires school counseling services to have an individual, responsive services component, which includes substance abuse counseling services.

Suicide Prevention: Board Policy 2315 requires school counseling services to have an individual, responsive services component, which directly handles students in crisis and dealing with the issue of suicide.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.


Wyoming

Last Updated: 3/25/2012

Requirement to Provide Services: Rule 4362, Chapter VI, Section 17 (2001) requires school districts to ensure that students have access to guidance services, which provide access to responsive services that address issues and concerns that may affect students' educational, vocational, and career development.

Identification of Students with Mental or Emotional Disorders: Wyoming does not have a specific state policy; however, Administrative Rule 4362, Chapter VI, Section 17 requires school districts to provide procedures for the confidentiality of all health information.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing & Counseling: No state policy.

Immunity of Liability: No state policy.


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