Amendment vs bill House Floor Amendment, #3359, Mack, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
HFAHB352 3391 3359 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed by Representative Mack to Engrossed House Bill No.
352 BYREPRESENTATIVESMACK,ADAMS,CHASSION,DICKERSON,EDMONSTON, DANAHENRY,JACKSON,LAFLEUR,SPELL,ANDVILLIOANDSENATORS BARROW, FOIL, HODGES, JACKSON-ANDREWS, JENKINS, MYERS, AND TALBOT AN ACT To amend and reenact R.S.
352 by Representative Mack AMENDMENT NO.
17:173(A)(2)(introductory paragraph), (c), (e), and (h) and (D) and to enact R.S.
1 On page 1, at the end of line 2, delete the comma "," and insert "and to enact R.S.
17:173(A)(2)(l) and (B)(9), relative to behavioral health services for public school students;
17:173(A)(2)(l) and (B)(9)," AMENDMENT NO.
to provide for related policies adopted by public school governing authorities;
2 Onpage1,line8,after"reenacted"andbefore"toread"insert"andR.S.17:173(A)(2)(l)and (B)(9) are herebyenacted" AMENDMENT NO.
to provide for definitions;
3 On page 2, line 17, after "in" and before "English" insert "courses including but not limited to" AMENDMENT NO.
and to provide for related matters.
4 On page 3, between lines 5 and 6, insert the following:
Be it enacted by the Legislature of Louisiana:
"(l)(i)Within twenty-one days after a parent or guardian submits a behavioralhealthtreatmentplanto aschooladministrator and no later than fourteen school days after behavioral health services begin, the school administrator or his designee shall ensure that a school-based service deliveryreview meeting is held in person or virtuallyAt a minimum, the meeting shall include the school administrator or his designee, the student's classroom teacher or teachers, and the behavioral health provider.
Section 1.
The meeting may also include the student's special education teacher, 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.
R.S.
(ii) Behavioral health services may begin prior to the school-based service delivery review meeting, if reasonable efforts are made to coordinate with school personnel.
17:173(A)(2)(introductory paragraph), (c), (e), and (h) and (D) are hereby amended and reenacted and R.S.
17:173(A)(2)(l) and (B)(9) are hereby enacted to read as follows:
§173.
Behavioral health services for students A.
* * * (2) Each public school governing authority shall adopt and make available to the public a policy to implement the provisions of this Section.
The authority shall make such policy available to the public by, at a minimum, posting it on its website and shall include it 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:
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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.
(iv) The school-based service delivery review meeting shall address, at a minimum, the following:
(iii) The school-based service delivery review meeting shall address, at a minimum, the following:
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(bb) Theroleandresponsibilities of the behavioralhealth providerwhileon the school campus, including activities to be conducted in the classroom during instructional time.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
352 ENROLLED (bb) Theroleandresponsibilities ofthebehavioralhealthprovider while on the school campus, including activities to be conducted in the classroom during instructional time.
(dd) The method and frequency of ongoing communication between the behavioralhealthproviderandschoolpersonnelandthechainofcommunicationfor questions or concerns.
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HFAHB352 3391 3359 (dd) The method and frequency of ongoing communication between the behavioralhealthproviderandschoolpersonnelandthechainofcommunicationfor questions or concerns.
The school-based service deliverymeeting shall not take the place of any meetings required by a student's Individualized Education Plan.
(iv) AbehavioralhealthproviderdeliveringservicespursuanttothisSection shall use reasonable efforts to minimize disruption to instruction and classroom management.
(v) Abehavioralhealthproviderdeliveringservicespursuantto this Section shall use reasonable efforts to minimize disruption to instruction and classroom management.
(v) Recommendations, concerns,orrequestedchanges regardingclassroom strategies, interventions, accommodations, modifications, supports, or safety proceduresshall be communicated to theteacherandtheschooladministratororhis designee outside the presence of other students, except when immediate action is necessary to prevent imminent risk of harm to the student or another person.
(vi) Recommendations,concerns,orrequestedchangesregardingclassroom strategies, interventions, accommodations, modifications, supports, or safety proceduresshall becommunicatedto the teacherand the school administratororhis designee outside the presence of other students, except when immediate action is necessary to prevent imminent risk of harm to the student or another person.
(vi) A behavioral health provider shall not direct, supervise, or evaluate the job performance of a teacher or other school employee.
(vii) A behavioralhealthprovidershall not direct,supervise,orevaluatethe job performance of a teacher or other school employee.
(vii) A behavioral health provider's role in the classroom shall be limited to deliveryofservicesto thedesignatedstudent, whichmayincludecollaborationwith school personnel 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.
(viii) A behavioral health provider shall not implement or direct the implementation of medically necessary services that knowingly interfere, impede, or conflict with other mandated services without collaboration and agreement between service providers.
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HB NO.
352 ENROLLED (ix) A behavioral health provider shall not implement or direct the implementation of medically necessary services that knowingly interfere, impede, or conflict with services the school 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 deliveryreview 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.
* * * (9) "School-based service delivery 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.
* * * D.
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TheStateBoardofElementaryandSecondaryEducationshalladoptrules for the implementation of this Section and provide for a dispute resolution process relative to the services provided pursuant to this Section according to guidelines established by the state Department of Education.
A parent or legal guardian shall bethesolepersonpermittedto fileadisputeresolutionclaiminrelationtoastudent, which shall be filed only after an alleged incident has occurred.
In the 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.
NothinginthisSectionshallbeconstruedtorequire medically necessary behavioral health services authorized under this Section be included in any such student plan as a condition of being delivered on school Page 5 of 6 CODING:
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HB NO.
352 ENROLLED property,norshalltheabsenceofsuchservicesfromanysuchstudentplanconstitute a basis to deny those services.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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