Section 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.Utah Admin. Code R277-625-3
Adopted by Utah State Bulletin Number 2020-17, effective 8/12/2020Amended by Utah State Bulletin Number 2021-04, effective 2/9/2021Amended by Utah State Bulletin Number 2022-22, effective 11/7/2022Amended by Utah State Bulletin Number 2023-14, effective 7/11/2023Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024Amended by Utah State Bulletin Number 2024-20, effective 10/8/2024