§ 20-34-3-21 — Memorandum of understanding between school corporation or charter school and community mental health center or provider; referrals; diagnosis

(a) Each school corporation and charter
school shall enter into a memorandum of understanding with a
community mental health center established under IC 12-29-2 or a
provider certified or licensed by the state to provide appropriate and
necessary mental or behavioral health services to students. The division
of mental health and addiction shall develop a memorandum of
understanding for referral and assist school corporations and charter
schools in obtaining a memorandum of understanding with a
community mental health center or an appropriate provider.
(b) A school corporation and a charter school may not refer a
student to a mental health care provider or a community mental health
center for services unless the school corporation or charter school has
received the written consent of the student's parent or guardian.
(c) If a school corporation or charter school refers a student to a
mental health care provider, the school corporation or charter school
may note the referral in the student's cumulative record but may not
include any possible diagnosis or information concerning the student's
mental health other than any medication that the student takes for the
student's mental health. A student record that contains medical
information must be kept confidential.
(d) A school counselor or other employee of a school corporation or
a charter school may not diagnose a student as having a mental health
condition unless the individual's scope of practice includes diagnosing
a mental health condition.
(e) Before providing a referral under a memorandum of
understanding, each school corporation and charter school shall comply
with the following requirements:
(1) Develop a process for a teacher or school employee to notify
a school official to contact a student's parent if the student
demonstrates a repeated pattern of aberrant or abnormal behavior.
The parental notification process described in this subdivision
must also include that the school will hold a conference with the
student and the student's parent.
(2) Require that the conference described in subdivision (1) must
address the student's potential need for and benefit from:
(A) mental or behavioral health services; or
(B) mental or behavioral health services provided by the
community mental health center or appropriate provider that is
contracted and paid for by the school corporation or charter
school.
(3) Establish a procedure for a parent who chooses to seek
services for the student to follow that includes granting written
parental consent for the student to receive mental or behavioral
health services by a community mental health center or
appropriate provider described under subdivision (2).
(4) Ensure that a school maintains the confidentiality of any
medical records that result from a student's participation in any
treatment described in subdivision (2). The school must adopt a
policy that prohibits the school from:
(A) sharing any reports or notes resulting from the provision of
mental or behavioral health services described in subdivision
(2)(A) with other school officials; and
(B) maintaining any reports, notes, diagnosis, or appointments
that result from a student's participation in any treatment
described in subdivision (2)(A) through (2)(B) in the student's
permanent educational file.

Legislative History

As added by P.L.185-2015, SEC.20. Amended by P.L.69-2020, SEC.2.