S T A T E O F N E W Y O R K
________________________________________________________________________
3176
2025-2026 Regular Sessions
I N S E N A T E
January 24, 2025
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Introduced by Sens. CANZONERI-FITZPATRICK, OBERACKER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Education
AN ACT to amend the education law, in relation to requiring the commis-
sioner to develop model mental health screenings for students and
associated guidelines to assist school mental health screeners to
perform mental health screening services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 912-c
to read as follows:
§ 912-C. STUDENT MENTAL HEALTH SCREENING. 1. FOR PURPOSES OF THIS
SECTION, "SCHOOL MENTAL HEALTH SCREENER" SHALL MEAN A SCHOOL PSYCHOL-
OGIST, SCHOOL SOCIAL WORKER, OR A HEALTH PROFESSIONAL OR OTHER EMPLOYEE
OF A SCHOOL AS DEEMED APPROPRIATE BY THE COMMISSIONER, IN CONJUNCTION
WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF MENTAL HEALTH,
TO PERFORM A MENTAL HEALTH SCREENING PURSUANT TO THIS SECTION.
2. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH
AND THE COMMISSIONER OF MENTAL HEALTH, SHALL DEVELOP MODEL MENTAL HEALTH
SCREENINGS AND ASSOCIATED GUIDELINES TO ASSIST SCHOOL MENTAL HEALTH
SCREENERS TO PERFORM MENTAL HEALTH SCREENING SERVICES TO IDENTIFY
CURRENT OR EMERGING CONCERNS IN STUDENTS' MENTAL HEALTH. THE GUIDELINES
SHALL INCLUDE VARYING MENTAL HEALTH SCREENING MODELS THAT CORRESPOND TO
THE DIFFERING LEVELS OF TRAINED OR LICENSED HEALTH PROFESSIONALS AVAIL-
ABLE IN SCHOOL DISTRICTS ACROSS THE STATE.
3. MODEL MENTAL HEALTH SCREENINGS SHALL BE DESIGNED TO SCREEN INDIVID-
UALS FOR DEPRESSION, ANXIETY, BIPOLAR DISORDER, POST-TRAUMATIC STRESS
DISORDER (PTSD), EARLY PSYCHOSIS, OR POTENTIAL ADDICTION DISORDERS.
MODELS MAY DIFFER IN THEIR ABILITY TO DETECT EACH LISTED MENTAL ILLNESS
IN CORRESPONDENCE WITH THE COMMISSIONERS' RECOMMENDATIONS REGARDING THE
APPROPRIATE LEVELS OF TRAINING OR LICENSED PROFESSIONALS REQUIRED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04683-01-5
S. 3176 2
4. THE GUIDELINES SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
A. RECOMMENDATIONS FOR THE FREQUENCY OF SUCH MENTAL HEALTH SCREENINGS;
B. INSTRUCTION FOR THE CONFIDENTIAL MAINTENANCE OF HEALTH RECORDS IN
COMPLIANCE WITH THE APPROPRIATE FEDERAL AND STATE LAWS, INCLUDING THE
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) AND THE HEALTH INSUR-
ANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA);
C. THE APPROPRIATE LEVEL OF TRAINING OR LICENSED PROFESSIONALS TO
PERFORM EACH MODEL MENTAL HEALTH SCREENING VARIATION;
D. INFORMATION REGARDING HOW TO REPORT SCREENING RESULTS TO THE APPRO-
PRIATE AGENCIES;
E. RECOMMENDATIONS FOR INCORPORATING SUCH MENTAL HEALTH SCREENINGS
INTO HEALTH EXAMINATIONS PERFORMED BY OTHER HEALTH PROFESSIONALS;
F. SIGNS AND SYMPTOMS OF MENTAL ILLNESSES THAT ARE MOST PREVALENT
AMONG THE STUDENT POPULATION IN NEW YORK; AND
G. RESOURCES TO PROVIDE TO THOSE STUDENTS WHO MAY NEED ACCESS TO
FURTHER MENTAL HEALTH TREATMENT AT THE CONCLUSION OF A SCREENING, AS
DECIDED BY THE HEALTH OFFICIAL ADMINISTERING SUCH SCREENING.
5. THE COMMISSIONER SHALL MAKE THE MODEL MENTAL HEALTH SCREENINGS AND
ASSOCIATED GUIDELINES, AND ANY OTHER MATERIALS DEVELOPED PURSUANT TO
THIS SECTION AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE AND TO
APPROPRIATE SCHOOL DISTRICT OFFICIALS UPON REQUEST AT NO CHARGE. NOTH-
ING IN THIS SECTION SHALL BE CONSTRUED AS TO REQUIRE ANY SCHOOL OR
SCHOOL DISTRICT TO USE ANY SUCH MODEL MENTAL HEALTH SCREENINGS OR GUIDE-
LINES DEVELOPED PURSUANT TO THIS SECTION, NOR SHALL THIS SECTION BE
CONSTRUED AS TO REQUIRE ANY SCHOOL OR SCHOOL DISTRICT TO PERFORM MENTAL
HEALTH SCREENINGS.
§ 2. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.