Utah Admin. Code R277-625-3 - Approval of Mental Health Screeners
(1)
(a) The
Superintendent, in consultation with the Division, shall publish annually a
list of pre-approved mental health screeners to the Board's website.
(b) the published pre-approved list shall
include:
(i) the name or brand of the mental
health screener including a link to the screener's website;
(ii) the recommended ages for the mental
health screener;
(iii) any
limitations of the mental health screener including the typical level of false
positives;
(iv) the mental health
conditions the mental health screener can detect; and
(v) the scientific data or research used to
verify a screener is evidence based.
(2) The Board shall approve:
(a) the pre-approved mental health screener
list; and
(b) the mental health
conditions for which a screener can be used.
(3) All pre-approved mental health screeners
shall comply with the requirements as described in Title 53E, Chapter 9,
Student Privacy and Data Protection, and the Family Educational Rights and
Privacy Act, 20 U.S.C.
1232g.
(4) An LEA governing board shall notify the
Superintendent by August 1 of each year, whether the LEA will be a
participating LEA or non-participating LEA, on a form provided by the
Superintendent, in compliance with the requirements in Section
53F-2-522.
(5) If the LEA chooses to apply for use of a
mental health screener that is not on the pre-approved list, the LEA shall
submit an application in a form prescribed by the Superintendent specifying:
(a) the mental health screener proposed for
use by the LEA;
(b) the reason for
choosing the mental health screener over a screener from the pre-approved
list;
(c) the approved mental
health conditions the mental health screener measures;
(d) how the mental health screener complies
with all state and federal data privacy laws; and
(e) the scientific data or research
demonstrating the mental health screener is evidence based and meets industry
standards;
(f) why the mental
health screener is age appropriate for each grade the screener is administered;
and
(g) why the mental health
screener is an effective tool for identifying whether a student has a mental
health condition that requires intervention.
(6) The Superintendent shall review the
application in consultation with the Division and approve or deny the
application within 30 days of receipt.
(7) If the application is approved, the
Superintendent shall submit the approved application to the Board for final
approval.
(8) Subject to
legislative appropriation, the Superintendent shall annually determine a
maximum reimbursement amount an LEA may receive for use of a mental health
screener.
(9) An LEA may request a
reimbursement from the Superintendent in writing in an amount not to exceed the
amount described in Subsection (8).
(10)
(a) An
LEA shall require one or more relevant staff, who will be administering a
mental health screener, to attend an annual mental health screener training
provided by the Superintendent in collaboration with the Division;
(b) the training described in Subsection
(10)(a) shall provide an LEA with information needed for appropriate parental
consent including:
(i) consent shall be
obtained:
(A) not more than eight weeks before
administration of the mental health screener; and
(B) in accordance with Subsection
53E-9-203(4);
(ii) the consent form shall be provided
separately from other consent forms given to a parent pursuant to other state
or federal laws;
(iii) additional
variables that might influence a screener's results; and
(iv) a statement that:
(A) the mental health screener is
optional;
(B) a screener is not a
diagnostic tool;
(C) a parent has
the right to seek outside resources or opinions; and
(D) specifies which board approved mental
health conditions the mental health screener
measures.
(11) An LEA may not administer a mental
health screener if the LEA has not attended the annual mental health screener
training described in Subsection (10).
(12) An LEA shall report annually to the
Superintendent aggregate data regarding the types of LEA provided mental health
interventions, referrals, or other actions taken based on screener
results.
Notes
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