ENROLLEDHCAHB352 3391 2098 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by House Committee on Education to Original House Bill No.

352 BYREPRESENTATIVESMACK,ADAMS,CHASSION,DICKERSON,EDMONSTON,by DANAHENRY,JACKSON,LAFLEUR,SPELL,ANDVILLIOANDSENATORSRepresentative BARROW,Mack FOIL,AMENDMENT HODGES,NO. JACKSON-ANDREWS, JENKINS, MYERS, AND TALBOT AN ACT To amend and reenact R.S.

17:173(A)(2)(introductory1 paragraph),On (c),page (e),1, anddelete (h)lines 2 and (D)3 and toinsert enact"To amend and reenact R.S.

17:173(A)(2)(l)17:173(A)(2)(introductory andparagraph), (B)(9),(c), relative(e), toand behavioral(h) healthand services(D), forrelative publicto schoolbehavioral" students;AMENDMENT NO.

to2 provideOn forpage related1, policiesdelete adoptedlines by8 publicthrough school10 governingand authorities;insert "Section 1.

to provide for definitions;

and to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Section 1.

17:173(A)(2)(introductory paragraph), (c), (e), and (h) and (D) are herebyherebyamended amended and reenacted andto R.S.read as follows:" AMENDMENT NO.

17:173(A)(2)(l)3 On page 2, line 11, after "setting." delete the remainder of the line and (B)(9)delete arelines hereby12 enactedand to13 readand asinsert follows:"If supervision of the behavioral health provider is conducted virtually, no other student except the student receiving behavioral health services shall be recorded." AMENDMENT NO.

§173.4 On page 2, at the end of line 18, after "physical" delete "classroom" and insert "classroom, to the extent that it is medically necessary," AMENDMENT NO.

Behavioral5 On page 2, line 20, after "science." and before "The" insert "However, behavioral health services forshall studentsalso A.be provided outside of the physical classroom to the extent that it is medically necessary." AMENDMENT NO.

*6 *On *page (2)2, Eachat publicthe schoolend governingof authorityline shall28, adoptafter and"provider" makedelete availablethe tocomma "," and at the publicbeginning aof policyline to29, implementdelete the"including provisionsa ofbehavior thistechnician," Section.AMENDMENT NO.

The7 authorityOn shallpage make3, suchdelete policylines available6 tothrough the28, publicand by,on atpage a4, minimum,delete postinglines it1 onthrough its3 websitePage and1 shallof include1 itCODING: in its student handbook.

The policy shall not create onerous requirements for behavioral health providers resulting in a delay or barrier to the provision of medically necessary services.

The policy, at a minimum, shall provide that:

* * * (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:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

352 ENROLLED 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 studentwithbehavioralhealthimpairmentsassociatedwith amedicaldiagnosisthat the evaluator determines are interfering with the student's ability to thrive in the educational setting.

If supervision of the behavioral health provider is conducted virtually, no other student except the student receiving behavioral health services shall be recorded.

* * * (e) Apublicschoolgoverningauthorityshallnotprohibitabehavioralhealth evaluation,assessment,orauthorizedtreatmentplanfrombeingperformedonschool property in order to establish medical necessity or deliver medically necessary services.

Behavioralhealth 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.

However, behavioral health services shall also be provided outside of the physical classroom to the extent that it is medically necessary.

The school administrator and service provider shall work collaboratively to create a consistent schedule that meets the medical needs of the student and complies with the provider's ethical code of conduct.

In developing the student's plan, consideration shall include impacts on a school's operations and a student's testing schedule.

If the parties cannot agree, then the parties shall engage in a dispute resolution process set forth by the state Department of Education in accordance with Subsection D of this Section.

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

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HB NO.

352 ENROLLED The services furnished by a provider shall be incorporated into a written treatment plan applicable to a student.

* * * (l)(i)Thecontractoragreementbetweenapublicschoolgoverningauthority andabehavioralhealthprovidermayspecifywhetheraschoolprincipalmaydismiss a behavioral health provider staff member from the campus and the terms under which such a dismissal is permissible.

(ii) Within twenty-one days after 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.

At a minimum, the meeting shall include the school administrator or his designee, the student's classroom teacher or teachers, and the behavioral health provider.

Themeetingmayalsoincludethestudent'sspecialeducationteacher,case manager, or other school employee responsible for implementation of the student's Individualized Education Plan, Individualized Accommodation Plan, Section 504 Plan, Behavior Intervention Plan, or Individualized Health Plan.

(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.

A behavioral health provider may initiate and continue medically necessary services, and the school shall provide reasonable access to the student, pending completion of the meeting.

Reasonable access shall include the ability to enter the school, observe the student, and deliver authorized services during the school day in coordination with instructional activities.