Student Health and Wellbeing Amendments

22
53F-5-224
53F-9-204
53G-9-902
63I-1-253
3
Student Health and Wellbeing Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Logan J. Monson
Senate Sponsor:
LONG TITLE
General Description:
This bill creates the School-b
ased Behavioral Health Pilot Program.
Highlighted Provisions:
This bill:
defines terms;
requires a report upon request;
creates the School-based Behavioral Health Pilot Program (program) to award program
funds to an implementation partner to:
implement a multi-tiered system of mental health support; and
enhance mental health in schools;
requires the Department of Health and Human Services to:
solicit proposals to participate in the program;
coordinate the implementation of the program with another, similar grant program;
enter into a contract or memorandum of understanding with certain entities to
administer the program; and
distribute program funds;
requires a local education agency (LEA) or regional education service agency (RESA)
participating in the program to:
contract with an implementation partner;
comply with certain requirements; and
submit an application to the Department of Health and Human Services;
requires an implementation partner to:
contract with and provide certain support to a participating LEA or RESA;
use program funds for certain eligible initiatives; and
support the implementation of the program;
creates a repeal date for the program; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53F-9-204
, as last amended by Laws of Utah 2025, Chapters 413, 433
53G-9-902
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
63I-1-253
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
ENACTS:
53F-5-224
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53F-5-224
is enacted to read:
53F-5-224
. School-based Behavioral Health Pilot Program.
(1)
As used in this section:
(a)
"Group-based mental health services" means structured mental health or behavioral
health services that qualified personnel deliver to more than one student at the same
time, if:
(i)
each student who participates has documented parental consent;
(ii)
qualified personnel deliver the services in a setting where only students who have
expressed consent are present; and
(iii)
qualified personnel deliver the services in a manner consistent with state and
federal law.
(b)
"Implementation partner" means a public institution of higher education or other
entity receiving state funds with demonstrated expertise in school-based behavioral
health, workforce development, and coordination of behavioral health services that
enters into a contract or memorandum of understanding with the Department of
Health and Human Services to support implementation of the program.
(c)
(i)
"Multi-tiered system of support" means a coordinated, data-informed
framework for delivering school-based mental health supports, prevention
services, and behavioral health interventions through layered tiers of increasing
intensity, implemented as a coordinated system in active collaboration with a:
(A)
parent;
(B)
school;
(C)
local mental health authority;
(D)
community coalition or prevention network; and
(E)
health care provider, as that term is defined in Section
78B-3-403
.
(ii)
"Multi-tiered system of support" includes the following tiers of mental health
support:
(A)
tier one, which includes:
(I)
practices that support guardian consent, transparency, and data-informed
decision making, including use of school mental health outcomes
dashboards and school-based data dashboards;
(II)
administration of universal wellbeing and school-climate surveys;
(III)
targeted mental health screenings and individualized mental health
assessments, consistent with Section
53F-2-522
;
(IV)
school-wide mental health needs assessments and mental health
promotion activities;
(V)
school-wide mental health training for educational professionals and
students;
(VI)
collaboration with the SafeUT Crisis L
ine created in Section
53H-4-210
;
and
(VII)
collaboration with the Suicide Prevention Coalition created in Subsection
26B-5-611(3)
;
(B)
tier two, which includes:
(I)
student access to prevention and groups that promote mental health coping
skills for students at risk of developing anxiety, depression, or other mental
health concerns;
(II)
delivery of mental health support in school settings including telehealth
services; and
(III)
access to physical-health telehealth services through the school-based
mental health support described in Section
53F-2-415
;
(C)
tier three, which includes:
(I)
student access to short-term, caregiver-consented, one-to-one mental health
services delivered in person or via telehealth
;
(II)
immediate access to case-management services and caregiver-liaison
supports;
(III)
access to mental health care providers through coordination with the
implementation partner and community-based providers;
(IV)
access to physical-health telehealth services through the school-based
mental health supports described in Section
53F-2-415
; and
(V)
coordination with community mental health providers for students awaiting
placement; and
(D)
tier four, which includes,
student access to psychiatric evaluation and
consultation through coordination with appropriate health care providers.
(d)
"Participating LEA" means a local education agency that:
(i)
the Department of Health and Human Services selects to participate in the
program; and
(ii)
contracts with an implementation partner to implement the program.
(e)
"Participating RESA" means a regional education service agency that:
(i)
the Department of Health and Human Services selects to participate in the
program; and
(ii)
contracts with an implementation partner to implement the program.
(f)
"Program" means the School-based Behavioral Health Pilot Program created in
Subsection
(2)
.
(g)
"Regional education service agency" or "RESA" means the same as the term is
defined in Section
53G-4-410
.
(h)
"Telehealth services" means the same as that term is defined in
26B-4-704
.
(2)
There is created a three-year pilot program known as the School-based Behavioral
Health Pilot Program, that the Department of Health and Human Services administers, to
support implementation of a coordinated, statewide approach to school-based behavioral
health services through:
(a)
delivery of technical assistance and training to implement a multi-tiered system of
support; and
(b)
enhancement of mental health service operations in schools, including:
(i)
prevention;
(ii)
intervention; and
(iii)
recovery services.
(3)
The Department of Health and Human Services shall:
(a)
solicit proposals from:
(i)
an LEA or RESA to participate in the program; and
(ii)
an implementation partner to receive program funds;
(b)
subject to legislative appropriations:
(i)
award program funds to an implementation partner on a competitive basis; and
(ii)
dedicate resources for statewide implementation support to a participating LEA or
RESA through a contract with an implementation partner which is separate from
program funds, including:
(A)
training;
(B)
technical assistance;
(C)
workforce development; and
(D)
evaluation;
(c)
evaluate how the program's standards, infrastructure, and outcomes compare to
implementation of the grant program described in Section
53F-2-415
, including
identification of statutory, regulatory, or programmatic gaps that limit statewide
consistency, accountability, or equitable access to school-based behavioral health
services;
(d)
coordinate the implementation of the program with behavioral health, Medicaid, and
school-based health initiatives, to:
(i)
avoid duplication; and
(ii)
promote alignment with practices established for the program, including:
(A)
statewide screening; and
(B)
referral, training, and data-reporting practices;
(e)
on or before December 31, 2028, submit to the Health and Human Services Interim
Committee findings and recommendations regarding how to apply the requirements,
standards, or practices the program develops more broadly to strengthen the grant
program described in Section
53F-2-415
;
(f)
retain responsibility for program administration, fiscal oversight, accountability, and
reporting related to school-based behavioral health services under the program; and
(g)
enter into a contract or memorandum of understanding with an implementation
partner to support statewide implementation of the program, specifying:
(i)
roles and responsibilities of each party;
(ii)
data-sharing and privacy protections;
(iii)
reporting expectations;
(iv)
technical assistance and training;
(v)
workforce development and retention support;
(vi)
coordination of telehealth and gap-filling behavioral health services;
(vii)
evaluation metrics; and
(viii)
continuous improvement support.
(4)
The Department of Health and Human Services may consult with the state board and
education stakeholders when implementing the requirements of this section.
(5)
(a)
To participate in the program, an LEA or RESA shall:
(i)
submit an application to the Department of Health and Human Services:
(A)
describing how participation will further the purposes of the program;
(B)
describing partnerships with the local mental health authority, community
coalitions, and parents;
(C)
describing how the LEA or RESA will obtain, document, and honor parental
consent for individual and group-based services, including safeguards for
non-consented students; and
(D)
outlining metrics the LEA or RESA will use to measure program
effectiveness;
(ii)
contract with an implementation partner to which the Department of Health and
Human Services awards program funds;
(iii)
implement statewide student mental health screening practices in accordance
with Section
53F-2-522
;
(iv)
comply the with parental notification and consent requirements described in
Section
53G-9-902
;
(v)
implement statewide referral protocols;
(vi)
participate in statewide data collection and reporting requirements; and
(vii)
ensure completion of baseline training requirements the state board establishes.
(b)
Nothing in this section alters an LEA'
s ability to elect whether to participate in a
mental health screening program under Section
53F-2-522
.
(6)
(a)
An implementation partner that receives program funds under this section shall:
(i)
contract with a participating LEA or RESA to implement and coordinate a
comprehensive multi-tiered system of support that addresses each tier described in
Subsection (1)(c)
through:
(A)
services;
(B)
partnerships; or
(C)
referral pathways;
(ii)
demonstrate active partnerships, appropriate to local context, with:
(A)
the local mental health authority serving the LEA or RESA;
(B)
at least one community-based coalition, prevention network, or family-serving
organization; and
(C)
parents or caregivers, through meaningful engagement in planning,
implementation, and continuous improvement;
(iii)
to support statewide implementation of the program, provide support to a
participating LEA or RESA through:
(A)
technical assistance;
(B)
training;
(C)
workforce development support;
(D)
coordination of telehealth and gap-filling services; and
(E)
evaluation; and
(iv)
use program funds to support eligible initiatives, including:
(A)
implementation of a multi-tiered system of support;
(B)
provisions of mental health training for educational professionals;
(C)
coordination with the participating LEA or RESA for technical assistance,
telehealth services, and workforce support; and
(D)
compliance with statewide screening, referral, training, and data-reporting
requirements.
(b)
An implementation partner may not:
(i)
regarding the administration of the program:
(A)
establish policy or standards;
(B)
adopt or enforce rules;
(C)
determine eligibility for participation;
(D)
require an LEA, RESA, student, or family to participate in the program;
(E)
override parental consent or student choice; or
(F)
directly assign students to services without a participating LEA's or RESA's
referral;
(ii)
selectively implement individual tiers in isolation from the overall system; or
(iii)
deliver group-based mental health services in a general classroom setting during
instructional time unless all students present have documented parental or
caregiver consent to participate.
(c)
All activities of the implementation partner, regarding the program, are subject to the
oversight and direction of the Department of Health and Human Services.
(d)
The implementation described in Subsection
(6)(a)(i)
, may vary based on:
(i)
local capacity;
(ii)
staffing models; or
(iii)
community partnerships.
(7)
Upon request of the Health and Human Services Interim Committee, the Department of
Health and Human Services shall report on the program's progress and outcomes,
including:
(a)
student access to services;
(b)
workforce development outcomes;
(c)
geographic and rural reach;
(d)
changes in service wait times;
(e)
measures of cross-system collaboration and family engagement; and
(f)
measurable student outcome indicators.
Section 2. Section
53F-9-204
is amended to read:
53F-9-204
. Public Education Economic Stabilization Restricted Account.
(1)
There is created within the Uniform School Fund a restricted account known as the
"Public Education Economic Stabilization Restricted Account."
(2)
(a)
Except as provided in Subsection
(2)(b)
, the account shall be funded from the
following revenue sources:
(i)
15% of the difference between, as determined by the Office of the Legislative
Fiscal Analyst:
(A)
the estimated amount of ongoing Income Tax Fund and Uniform School Fund
revenue available for the Legislature to appropriate for the next fiscal year; and
(B)
the amount of ongoing appropriations from the Income Tax Fund and Uniform
School Fund in the current fiscal year; and
(ii)
other appropriations as the Legislature may designate.
(b)
If the appropriation described in Subsection
(2)(a)
would cause the ongoing
appropriations to the account to exceed 11% of Uniform School Fund appropriations
described in Section
53F-9-201.1
for the same fiscal year, the Legislature shall
appropriate only those funds necessary to ensure that the ongoing appropriations to
the account equal 11% of Uniform School Fund appropriations for that fiscal year.
(3)
Subject to the availability of ongoing appropriations to the account, in accordance with
Utah Constitution, Article X, Section 5, Subsection
(4)
, the ongoing appropriation to the
account shall be used to fund:
(a)
except for a year described in Subsection
(3)(b)
or
(c)
, one-time appropriations to the
public education system, including at least $65,000,000 to the Catalyst Center Grant
Program described in Section
53E-3-507.1
;
(b)
the Minimum School Program for a year in which Income Tax Fund revenue and
Uniform School Fund revenue are insufficient to fund:
(i)
ongoing appropriations to the public education system; and
(ii)
enrollment growth and inflation estimates, as defined in Section
53F-9-201.1
; and
(c)
the minimum basic local amount as defined in Section
53F-2-301
for a year in which
the minimum basic tax rate, as defined in Section
53F-2-301
, is insufficient to
generate the amount described in Subsection
53F-2-301(2)(a)
.
(4)
(a)
The account shall earn interest.
(b)
All interest earned on account money shall be deposited in the account.
(5)
On or before December 31, 2023, and every three years thereafter, the Office of the
Legislative Fiscal Analyst shall:
(a)
review the percentages described in Subsections
(2)(a)(i)
and
(2)(b)
; and
(b)
recommend to the Executive Appropriations Committee any changes based on the
review described in Subsection
(5)(a)
.
(6)
In preparing budget bills for a given fiscal year, the Executive Appropriations
Committee shall make the one-time appropriations described in Subsection
(3)(a)
by
appropriating at least the lesser of 10% of the total amount of the one-time
appropriations to:
(a)
the cost of providing 32 paid professional hours for teachers in accordance with
Section
53F-7-203
;
(b)
the amount to make the distribution required under Section
53F-2-527
;
(c)
the cost of the Stipends for Future Educators Grant Program described in Section
53F-5-223
;
(d)

the cost of the School-Based Behavioral Health Pilot Program described in Section
53F-5-224
;
and
(d)
(e)
the cost of the Rural School Sports Facilities Grant Program described in
Section
53F-10-303
.
(7)
No later than October 15 of each year, the state board shall report to the Office of the
Legislative Fiscal Analyst an estimated cost for each of the one-time appropriations
described in Subsection
(6)
.
Section 3. Section
53G-9-902
is amended to read:
53G-9-902
. Informed parental consent required -- Parental notification required.
(1)
Except as provided in a student's IEP or Section 504 accommodation plan:
(a)
an individual who is not authorized personnel may not provide a restricted service;
and
(b)
authorized personnel may not provide a restricted service:
(i)
outside the scope of the relevant license; or
(ii)
except as provided in the School-Based Behavioral Health Pilot Program
described in Section
53F-5-224
,
with other students present.
(2)
For authorized personnel to provide a restricted service:
(a)
the relevant LEA, school, or authorized personnel shall obtain informed written
parental consent before the first session of a restricted service in a given school year,
using a standard form that includes:
(i)
fields for at least the following information:
(A)
the name of the student;
(B)
the name of the individual giving informed consent; and
(C)
the name of each authorized personnel who has authority under the informed
written consent to provide a restricted service;
(ii)
a statement that the authorized personnel will provide information about the
restricted service in accordance with Subsection
(2)(b)
, including that the parent
has the right to opt out of receiving notifications at any time; and
(iii)
a statement that authorized personnel will adhere to the topics or issues the
parent identifies, in collaboration with authorized personnel, for discussion or
exclusion with the student under Subsection
(3)(a)
, except that the authorized
personnel may address topics if the omission would compromise the student's
immediate safety, the omission would violate mandatory reporting obligations, or,
based on behaviors or statements the authorized personnel observes, the
authorized personnel determines a need to assess the student's safety; and
(b)
unless the student's parent opts out of receiving notifications from the authorized
personnel under this Subsection
(2)(b)
, within one business day after each session of
a restricted service, the authorized personnel shall provide to the student's parent:
(i)
notice that the restricted service took place; and
(ii)
a description of the topic of the restricted service.
(3)
(a)
(i)
When obtaining the informed written parental consent described in
Subsection
(2)(a)
, the LEA, school, or authorized personnel shall, through
consultation with the parent, provide the parent an opportunity to identify topics
or issues the parent intends the authorized personnel to address or to not address
with the student.
(ii)
Except as described in Subsection
(3)(a)(iii)
, authorized personnel may not
address a topic or issue for which a parent has expressly stated an intent for
authorized personnel to not address with the student under this Subsection
(3)(a)
.
(iii)
Subsection
(3)(a)(ii)
does not apply if:
(A)
an omission within a restricted service would compromise the student's
immediate safety; or
(B)
the student discloses information that creates a duty on the authorized
personnel to make a mandatory report for the purpose of discussing the
information with the student to the extent necessary to make the report,
including for suspected cases of child abuse or neglect under Section
80-2-602
,
abuse of a student under Section
53E-6-701
, or any other legally mandated
duty to report an incident.
(b)
(i)
The requirement to obtain prior informed written parental consent before
providing a restricted service described in Subsection
(2)(a)
does not apply in a
case in which a delay to contact a parent would create an immediate serious risk
of suicide or serious bodily injury, as defined in Section
76-1-101.5
, to the student
or to another individual.
(ii)
For a circumstance described in Subsection
(3)(b)(i)
, the LEA, school, or
authorized personnel shall notify a parent in accordance with Section
53G-9-604
.
(c)
A student's IEP or Section 504 accommodation plan that includes a restricted service
satisfies the informed parental consent requirement described in Subsection
(2)(a)
.
(4)
(a)
The state board may make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, regarding the application of this section to the
actions of educators and staff in the public education system.
(b)
The state board shall, in consultation with the Department of Health and Human
Services, provide guidance to authorized personnel, educators, and school support
staff on conduct and practices that constitute and do not constitute a restricted service.
(5)
Nothing in this part authorizes an individual to take an action that exceeds the scope of
the individual's license or certification.
(6)
This section does not apply to a service a student accesses through the SafeUT Crisis
Line established in Section
53H-4-210
.
Section 4. Section
63I-1-253
is amended to read:
63I-1-253
. Repeal dates: Titles 53 through 53G.
(1)
Section
53-1-122
, Road Rage Awareness and Prevention Restricted Account, is
repealed July 1, 2028.
(2)
Section
53-2a-105
, Emergency Management Administration Council created --
Function -- Composition -- Expenses, is repealed July 1, 2029.
(3)
Section
53-2a-1103
, Search and Rescue Advisory Board -- Members -- Compensation,
is repealed July 1, 2030.
(4)
Section
53-2a-1104
, General duties of the Search and Rescue Advisory Board, is
repealed July 1, 2027.
(5)
Title 53, Chapter 2a, Part 15, Grid Resilience Committee
, is repealed July 1, 2027.
(6)
Section
53-2d-104
, State Emergency Medical Services Committee -- Membership --
Expenses, is repealed July 1, 2029.
(7)
Section
53-2d-503
, Establishment of maximum rates, is repealed July 1, 2027.
(8)
Section
53-5a-302
, Concealed Firearm Review Board -- Membership -- Compensation
-- Terms -- Duties, is repealed July 1, 2029.
(9)
Section
53-11-104
, Board, is repealed July 1, 2029.
(10)
Title
53, Chapter 31
, Department Interaction With Local Law Enforcement, is repealed
July 1, 2027.
(11)
Subsection
53C-3-203
(4)(b)(vii)
, regarding the distribution of money from the Land
Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(12)
Subsection
53E-1-201
(1)(q)
, regarding the Higher Education and Corrections Council,
is repealed July 1, 2027.
(13)
Subsection
53E-2-304
(6)
, regarding foreclosing a private right of action or waiver of
governmental immunity, is repealed July 1, 2027.
(14)
Subsection
53E-3-503
(5)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(15)
Subsection
53E-3-503
(6)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(16)
Subsection
53E-4-202
(8)(b)
, regarding a standards review committee, is repealed
January 1, 2028.
(17)
Section
53E-4-203
, Standards review committee, is repealed January 1, 2028.
(18)
Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission
, is
repealed July 1, 2033.
(19)
Subsection
53E-7-207
(7)
, regarding a private right of action or waiver of governmental
immunity, is repealed July 1, 2027.
(20)
Section
53F-5-215
, Elementary teacher preparation assessment grant, is repealed July
1, 2028.
(21)
Section
53F-5-219
, Local Innovations Civics Education Pilot Program, is repealed July
1, 2026.
(22)
Section
53F-5-224
, School-Based Behavioral Health Pilot Program, is repealed July 1,
2029.
(22)
(23)
Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel
, is repealed July
1, 2027.
(23)
(24)
Subsection
53G-4-608
(2)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(24)
(25)
Subsection
53G-4-608
(4)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(25)
(26)
Section
53G-9-212
, Drinking water quality in schools, is repealed July 1, 2027.
(26)
(27)
Subsection
53G-9-703(4)
, regarding the parental video presentation concerning
student use of technology, is repealed January 1, 2030.
(27)
(28)
Subsection
53H-1-402(1)(j)
, regarding the Higher Education and Corrections
Council, is repealed July 1, 2027.
(28)
(29)
Section
53H-1-604
, Higher Education and Corrections Council, is repealed July
1, 2027.
(29)
(30)
Subsection
53H-4-210(3)
, regarding the creation of the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(30)
(31)
Subsection
53H-4-210(4)
, regarding the appointment of the members of the
SafeUT and School Safety Commission, is repealed January 1, 2030.
(31)
(32)
Subsection
53H-4-210(5)
, regarding the attorney general designating the chair of
the SafeUT and School Safety Commission, is repealed January 1, 2030.
(32)
(33)
Subsection
53H-4-210(6)
, regarding the quorum requirements of the SafeUT and
School Safety Commission, is repealed January 1, 2030.
(33)
(34)
Subsection
53H-4-210(7)
, regarding a formal action of the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(34)
(35)
Subsection
53H-4-210(8)
, regarding compensation for members of the SafeUT
and School Safety Commission, is repealed January 1, 2030.
(35)
(36)
Subsection
53H-4-210(9)
, regarding the support staff for the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(36)
(37)
Section
53H-4-306.1
, Definitions -- Electrification of Transportation
Infrastructure Research Center, is repealed July 1, 2028.
(37)
(38)
Section
53H-4-306.2
, Electrification of Transportation Infrastructure Research
Center -- Designation -- Duties, is repealed July 1, 2028.
(38)
(39)
Section
53H-4-306.3
, Electrification of Transportation Infrastructure Research
Center -- Steering committee, is repealed July 1, 2028.
(39)
(40)
Section
53H-4-306.4
, Electrification of Transportation Infrastructure Research
Center -- Industry advisory board, is repealed July 1, 2028.
(40)
(41)
Section
53H-4-306.5
, Electrification of Transportation Infrastructure Research
Center -- Duties of the project director, is repealed July 1, 2028.
(41)
(42)
Section
53H-4-306.6
, Electrification of Transportation Infrastructure Research
Center -- Project development and strategic objectives -- Reporting requirements, is
repealed July 1, 2028.
(42)
(43)
Section
53H-4-307.1
, Center for Civic Excellence, is repealed July 1, 2030.
(43)
(44)
Section
53H-4-307.2
, Center for Civic Excellence -- Duties -- Authority, is
repealed July 1, 2030.
(44)
(45)
Section
53H-4-307.3
, Center for Civic Excellence -- Leadership, is repealed July
1, 2030.
(45)
(46)
Section
53H-4-307.4
, Center for Civic Excellence -- Faculty, is repealed July 1,
2030.
(46)
(47)
Section
53H-4-307.5
, Center for Civic Excellence -- Curriculum, is repealed July
1, 2030.
(47)
(48)
Section
53H-4-307.6
, Center for Civic Excellence -- Oversight -- Reporting, is
repealed July 1, 2030.
(48)
(49)
Section
53H-4-313
, Food Security Council, is repealed July 1, 2027.
(49)
(50)
Section
53H-8-305
, Five-year performance goals, is repealed July 1, 2027.
(50)
(51)
Title
53H, Chapter 10, Part 4
, Education Savings Incentive Program, is repealed
July 1, 2028.
Section 5.
Effective Date.
This bill takes effect on
July 1, 2026
.
2-10-26 12:43 PM