Iowa Code 280A.2 – Behavioral health screenings and assessments in school settings
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1. a. A school district, an accredited nonpublic school, or an area education agency may contract with a mental health professional or a nationally accredited behavioral health care organization to provide behavioral health screenings to students in person.
b. (1) A behavioral health screening may be conducted following provision of written consent by the student‘s parent or guardian for the student to participate in such screening.
(2) The consent shall also allow for the disclosure of the results of such screenings to the school district, accredited nonpublic school, or area education agency, if the mental health professional believes there is a credible threat to the health and safety of the student or others.
Terms Used In Iowa Code 280A.2
- Accredited nonpublic school: means any school, other than a public school, that is accredited pursuant to section 256. See Iowa Code 280A.1
- Area education agency: means an area education agency established pursuant to chapter 273. See Iowa Code 280A.1
- Behavioral health services: means services provided by a health care professional operating within the scope of the health care professional's practice which address mental, emotional, medical, or behavioral conditions, illnesses, diseases, or problems. See Iowa Code 280A.1
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Mental health professional: means the same as defined in section 228. See Iowa Code 280A.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Primary care provider: means the personal provider trained to provide the first contact and continuous and comprehensive care to a patient and includes but is not limited to any of the following licensed or certified health care professionals who provide primary care:a. See Iowa Code 280A.1
- Public school: means any school directly supported in whole or in part by taxation. See Iowa Code 280A.1
- School: means an agency of the state or political subdivision of the state, individual, partnership, company, firm, society, trust, association, corporation, or any combination which meets any of the following criteria:
a. See Iowa Code 261B.2- School district: means a school district described in chapter 274. See Iowa Code 280A.1
- screening: means a screening and assessment performed using a universal behavioral health screening and assessment tool, approved for use by the department of education in consultation with the department of health and human services, to identify factors that place children at higher risk for behavioral health conditions, to determine appropriate treatment or intervention, and to identify the need for referral for appropriate services. See Iowa Code 280A.1
- Student: means a person who enrolls in or seeks to enroll in a course of instruction offered or conducted by a school. See Iowa Code 261B.2
- Student: means a person enrolled in and attending an accredited nonpublic school or a public school in grades one through twelve. See Iowa Code 280A.1
2. If a mental health professional conducts an initial behavioral health screening on the premises of a public school, an accredited nonpublic school, or an area education agency and determines that a student should be referred for additional behavioral health services, all of the following shall apply:a. The mental health professional shall notify the parent or guardian of the student of the results of the screening.b. The mental health professional may notify the student’s primary care provider following provision of written consent by the student’s parent or guardian. If a student does not have a primary care provider, the mental health professional may provide a listing of local primary care providers to the student’s parent or guardian.