ENROLLEDSCAHB352 428 3812 SENATE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.bySenate Committee on Education to Reengrossed House Bill No.

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

17:173(A)(2)(introductory1 paragraph),On (c),page (e),3, andbetween (h)lines and5 (D) and to6, enactinsert R.S.the following:

17:173(A)(2)(l)"(l)(i)Thecontractoragreementbetweenapublicschoolgoverningauthority andabehavioralhealthprovidermayspecifywhetheraschoolprincipalmaydismiss a behavioral health provider staff member from the campus and (B)(9),the relativeterms tounder behavioralwhich healthsuch servicesa fordismissal publicis schoolpermissible." students;AMENDMENT NO.

to2 provideOn forpage related3, policiesat adoptedthe bybeginning publicof schoolline governing6, authorities;change "l(i)" to "(ii)" AMENDMENT NO.

3 On page 3, at the beginning of line 16, change "(ii)" to provide"(iii)" forAMENDMENT definitions;NO.

and4 toOn providepage for3, relatedat matters.the beginning of line 23, change "(iii)" to "(iv)" AMENDMENT NO.

Be5 itOn enactedpage by4, theline Legislature15, ofafter Louisiana:"plan." insert the following:

Section"The 1.school-based service deliverymeeting shall not take the place of anymeetings required by a student's Individualized Education Plan." AMENDMENT NO.

R.S.6 On page 4, at the beginning of line 16, change "(iv)" to "(v)" AMENDMENT NO.

17:173(A)(2)(introductory7 paragraph),On (c),page (e),4, andat (h)the andbeginning (D)of areline hereby19, amendedchange and"(v)" reenactedto and"(vi)" R.S.AMENDMENT NO.

17:173(A)(2)(l)8 andOn (B)(9)page are4, herebyat enactedthe beginning of line 24, change "(vi)" to read"(vii)" asAMENDMENT follows:NO.

§173.9 On page 4, at the beginning of line 26, change "(vii)" to "(viii)" AMENDMENT NO.

Behavioral10 healthOn servicespage for5, studentsat A.the beginning of line 1, change "(viii)" to "(ix)" AMENDMENT NO.

*11 *On *page (2)5, Eachdelete publicline school3, governing authority shall adopt and makeinsert available to the publicfollowing: a policy to implement the provisions of this Section.

The"or authorityconflict shallwith makeservices suchthe policyschool availableis legallyrequired to theprovide publicunder by,a atstudent's aIndividualized minimum,Education postingPlan, itIndividualized onAccommodation itsPlan, websiteSection and504 shallPage include1 itof in2 itsSCAHB352 student428 handbook.3812 Plan, Behavior Intervention Plan, or Individualized Health Plan, without collaboration and agreement" AMENDMENT NO.

The12 policyOn shallpage not5, createline onerous21, requirementsafter for"occurred." behavioralinsert health providers resulting in a delay or barrier to the provisionfollowing: of medically necessary services.

The"In policy,the atevent of a minimum,conflict shallbetween providea that:student's Individualized Education Plan, IndividualizedAccommodationPlan,Section504Plan,BehaviorInterventionPlan, or Individualized Health Plan and a behavioral health provider's written treatment plan,theapplicablestudentplanshallcontrolwithrespecttotheeducationalservices and supports addressed by that plan.

*Nothing *in *this (c)Section Behavioralshall healthbe servicesconstrued shallto requiremedicallynecessarybehavioralhealthservicesauthorizedunderthisSection be permittedincluded duringin schoolany hourssuch ifstudent theplan student'sas parenta orcondition legalof guardianbeing presentsdelivered on school property,norshalltheabsenceofsuchservicesfromanysuchstudentplanconstitute a behavioralhealthbasis evaluationto performeddeny those services." Page 12 of 62 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.

Page 2 of 6 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

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.