HB 352 — STUDENTS: Provides relative to behavioral health services for public school students (EN SEE FISC NOTE LF EX)

HLSENROLLED 26RS-652 REENGROSSED Regular Session HOUSE BILL NO.

352 BYREPRESENTATIVESMACK,ADAMS,CHASSION,DICKERSON,EDMONSTON, DANADANAHENRY,JACKSON,LAFLEUR,SPELL,ANDVILLIOANDSENATORS HENRY,BARROW, JACKSON,FOIL, LAFLEUR,HODGES, SPELL,JACKSON-ANDREWS, JENKINS, MYERS, AND VILLIOTALBOT STUDENTS:AN ACT To amend and reenact R.S.

Provides17:173(A)(2)(introductory relativeparagraph), to(c), behavioral(e), healthand services(h) forand public(D) school students AN ACT To amend and reenactto enact R.S.

17:173(A)(2)(introductoryparagraph), (c), (e), and (h) and (D) and to enact R.S.

* * * (c) Behavioral health services shall be permitted during school hours if the student's parent or legal guardian presents a behavioralhealth evaluation performed Page 1 of 6 CODING:

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352 (c)ENROLLED Behavioral health services shall be permitted during school hours if the student's parent or legal guardian presents a behavioralhealth evaluation performed by an evaluator as well as an assessment and authorized treatment plan performed by a behavioral health provider chosen by the parent or legal guardian and the evaluation indicates that the services are necessaryduring school hours to assist the studentstudentwithbehavioralhealthimpairmentsassociatedwith withamedicaldiagnosisthat behavioralhealthimpairmentsassociatedwithamedicaldiagnosisthat the evaluator determines are interfering with the student's ability to thrive in the educational setting.

BehavioralBehavioralhealth health services mayshall be provided in a physical classroom, to the extent that it is medically necessary, during any part of the school day, including any and all instructional time in courses including but not limited to English, reading, mathematics, and science.

* * * (h) While on a school campus, a behavioral service health provider shall comply with, and abide by, the terms of any Individualized Education Plan, PageIndividualizedAccommodationPlan,Section504Plan,BehaviorManagementPlan, 2orIndividualizedHealthPlanapplicabletoastudentwhoisapatientoftheprovider. of 6 CODING:

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352 IndividualizedAccommodationPlan,Section504Plan,BehaviorManagementPlan,ENROLLED orIndividualizedHealthPlanapplicabletoastudentwhoisapatientoftheprovider.The services furnished by a provider shall be incorporated into a written treatment plan applicable to a student.

The* services* furnished* by(l)(i)Thecontractoragreementbetweenapublicschoolgoverningauthority andabehavioralhealthprovidermayspecifywhetheraschoolprincipalmaydismiss a behavioral health provider shallstaff bemember incorporatedfrom intothe acampus writtenand treatmentthe planterms applicableunder towhich such a student.dismissal is permissible.

*(ii) *Within *twenty-one (l)(i)days Withintwenty-onedaysafteraparentorguardiansubmitsabehavioralafter a parent or guardian submits a behavioral healthtreatmentplantoaschooladministratorandnolaterthanfourteenschooldays after behavioral health servicesbegin, the school administrator or his designee shall ensure that a school-based service delivery review meeting is held in person or virtually.

(ii)(iii) Behavioral health services may begin prior to the school-based service delivery review meeting, if reasonable efforts are made to coordinate with school personnel.

(iii)(iv) The school-based service delivery review meeting shall address, at a minimum, the following:

HLS 26RS-652 REENGROSSED HB NO.

352 ENROLLED (bb) TheTheroleandresponsibilities roleandresponsibilitiesofthebehavioralhealthprovider ofthebehavioralhealthproviderwhilewhile on the school campus, including activities to be conducted in the classroom during instructional time.

(iv)The AbehavioralhealthproviderdeliveringservicespursuanttothisSectionschool-based service deliverymeeting shall usenot reasonabletake effortsthe toplace minimizeof disruptionany tomeetings instructionrequired andby classrooma management.student's Individualized Education Plan.

(v) Recommendations,Abehavioralhealthproviderdeliveringservicespursuantto concerns,orrequestedchangesthis regardingclassroomSection strategies,shall interventions,use accommodations,reasonable modifications,efforts supports, or safety proceduresshall be communicated to theminimize teacherandtheschooladministratororhisdisruption designee outside the presence of other students, except when immediate action is necessary to preventinstruction imminentand riskclassroom ofmanagement. harm to the student or another person.

(vi) ARecommendations,concerns,orrequestedchangesregardingclassroom behavioralstrategies, healthinterventions, provideraccommodations, shallmodifications, notsupports, direct,or supervise,safety orproceduresshall evaluatebecommunicatedto the jobteacherand performancethe ofschool aadministratororhis teacherdesignee oroutside the presence of other schoolstudents, employee.except when immediate action is necessary to prevent imminent risk of harm to the student or another person.

(vii) A behavioralbehavioralhealthprovidershall healthnot provider'sdirect,supervise,orevaluatethe rolejob inperformance theof classrooma shallteacher beor limitedother to deliveryofservicesto thedesignatedstudent, whichmayincludecollaborationwith school personnelemployee. to support implementation of the student's treatment plan.

(viii) A behavioralhealthprovider's rolein theclassroomshall belimited to deliveryofservicesto thedesignatedstudent, whichmayincludecollaborationwith school personnel to support implementation of the student's treatment plan.

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352 (viii)ENROLLED (ix) A behavioral health provider shall not implement or direct the implementation of medically necessary services that knowingly interfere, impede, or conflict with otherservices mandatedthe servicesschool is legally required to provide under a student's Individualized Education Plan, Individualized Accommodation Plan, Section 504 Plan, Behavior Intervention Plan, or Individualized Health Plan, without collaboration and agreement between service providers.

* * * (9) "School-based service deliverydeliveryreview review meeting" means a meeting held, either in person or virtually, for the purpose of reviewing the deliveryof behavioral health services in the school setting, including the behavioral health provider's role, applicable student plans, classroom expectations, communication, scheduling, and other procedures necessary to support uninterrupted instruction and appropriate coordination with school personnel and the behavioral health provider.

DIGESTIn ThedigestprintedbelowwaspreparedbyHouseLegislativethe Services.event of a conflict between a student's Individualized Education Plan, Individualized Accommodation Plan, Section 504 Plan, Behavior Intervention Plan, or IndividualizedHealthPlanandabehavioralhealthprovider'swrittentreatmentplan, the applicablestudent plan shall control with respectto the educational servicesand supportsaddressedbythatplan.

ItNothinginthisSectionshallbeconstruedtorequire constitutesmedically nopartnecessary behavioral health services authorized under this Section be included in any such student plan as a condition of thebeing legislativedelivered instrument.on school Page 5 of 6 CODING:

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 352 Reengrossed 2026 Regular Session Mack Abstract:

Provides relative to behavioral health services for public school students.

Present law prohibits a public school governing authority from denying a student access to medically necessary behavioral health services at school during school hours if requested by the student's parent or legal guardian.

Proposed law retains present law.

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352 PresentENROLLED lawproperty,norshalltheabsenceofsuchservicesfromanysuchstudentplanconstitute requiresa suchbasis governing authorities to adoptdeny andthose makeservices. available to the public policiesfortheimplementationofpresentlaw.

ProposedlawretainspresentlawandfurtherSPEAKER requiresOF eachTHE publicHOUSE schoolOF governingauthoritytoREPRESENTATIVES postPRESIDENT itsOF policyonTHE itsSENATE websiteGOVERNOR andOF includeTHE itSTATE inOF itsLOUISIANA studentAPPROVED: handbook.

Present law requires that such policies include that behavioral health services shall be permitted during school hours if the student's guardian presents a behavioral health evaluationperformedbyanevaluatoraswellasanassessmentandauthorizedtreatmentplan performed by a behavioral health provider chosen by the guardian and the evaluation indicates that the services are necessary during school hours to assist the student with behavioral health impairments associated with a medical diagnosis that the evaluator determines are interfering with the student's ability to thrive in the educational setting.

Proposed law retains present law.