SF 1468

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/12/2024 09:59am

A bill for an act
relating to education; requiring mental health screening for students; modifying
the eligible uses of student support personnel aid; amending Minnesota Statutes
2023 Supplement, section 124D.901, subdivision 4; proposing coding for new law
in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.245] MENTAL HEALTH SCREENING.
new text end

new text begin Subdivision 1. new text end

new text begin Screening required. new text end

new text begin A school district or charter school must develop a
plan to conduct developmentally appropriate evidence-based mental health and substance
use disorder screenings on students in kindergarten through grade 12. This requirement
applies to districts and charter schools that have received funding under section 124D.901
to hire student support services personnel.
new text end

new text begin Subd. 2. new text end

new text begin Parent notice. new text end

new text begin (a) A district or charter school must notify a student's parent of
the plan to conduct the screening, including the purpose of the screening and when the
screening will be conducted. A district or charter school must not conduct a mental health
or substance use disorder screening on a student whose parent has not consented to the
screening. "Parent" as used in this section has the meaning provided in section 120A.22,
subdivision 3.
new text end

new text begin (b) If the results of a student's screening are positive, the district or charter school must
notify the student's parent of the results and provide the parent a copy of the results and a
list of resources available to the student in the school or community.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner assistance. new text end

new text begin The commissioner of education must provide
districts and charter schools with evidence-based developmentally appropriate mental health
screenings and other resources to assist them with implementing mental health and substance
use disorder screenings under this section. The commissioner must consult with the
commissioner of human services in selecting evidence-based screening tools.
new text end

new text begin Subd. 4. new text end

new text begin Screening data. new text end

new text begin (a) A school district or charter school must not use the results
of mental health and substance use disorder screenings to make any decision relating to the
student's instruction or academic opportunities, or student discipline.
new text end

new text begin (b) Records relating to mental health and substance use disorder screenings must be
maintained in accordance with the Data Practices Act under chapter 13 and the Family
Educational Rights and Privacy Act of 1974, United States Code, title 20, section 1232(g).
new text end

new text begin (c) Notwithstanding section 138.17, mental health and substance use disorder screening
data collected by a school district or charter school under this section must be destroyed the
earlier of:
new text end

new text begin (1) the district or charter school notifying the student's parent of the results and resources
available to the student in the school or community in accordance with subdivision 2; or
new text end

new text begin (2) 60 days from the date of collection.
new text end

new text begin Subd. 5. new text end

new text begin Intermediate school districts and other cooperative units. new text end

new text begin For purposes of
this section, "school district" includes programs serving school age children operated by an
intermediate school district or other cooperative unit defined in section 123A.24, subdivision
2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 124D.901, subdivision 4, is amended
to read:

Subd. 4.

Allowed uses.

(a) Aid under this section must be used to hire new positions
for student support services personnel or increase a current position that is less than 1.0
full-time equivalent to a greater number of service hours or make permanent a position hired
using onetime resources awarded through the federal Coronavirus Aid Relief and Economic
Security Act, the federal Consolidated Appropriations Act, the federal Division
M-Coronavirus Response and Relief Supplemental Appropriations Act, or the federal
American Rescue Plan Act, or to maintain a position that would otherwise be eliminated.

(b) Cooperative student support personnel aid must be transferred to the intermediate
district or other cooperative unit of which the district is a member and used to hire new
positions for student support services personnel or increase a current position that is less
than 1.0 full-time equivalent to a greater number of service hours or make permanent a
position hired using onetime resources awarded through the American Rescue Plan Act at
the intermediate district or cooperative unit.

(c) If a school district, charter school, or cooperative unit does not receive at least two
applications and is not able to hire a new full-time equivalent position with student support
personnel aid, the aid may be used for contracted services from individuals licensed to serve
as a school counselor, school psychologist, school social worker, school nurse, or chemical
dependency counselor in Minnesota.

new text begin (d) Notwithstanding paragraphs (a) to (c), aid under this section may be used to pay the
costs of mental health and substance use disorder screening required under section 121A.245,
including the screening costs attributable to new or existing student support services personnel
positions.
new text end