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1. PURPOSE:

The Sevier School District Board of Education recognizes that the decision for a student to see a health care professional or use medication is a parental concern. In working with students, school personnel may be in a position to make or give recommendations to parents/guardians which impact their children’s education. The purpose of this policy is to clarify for school personnel and parents/guardians the recommendations or directions that school personnel may make or give to parents/guardians about seeing health care professionals or using specific medications for their children.

2. POLICY:
2.1 School personnel may:

2.1.1 provide information and observations to a student’s parent or guardian about that student, including observations and concerns in the following areas:
2.1.1.1 progress;
2.1.1.2 health and wellness;
2.1.1.3 social interactions;
2.1.1.4 behavior; and
2.1.1.5 topics consistent with the Utah Family Educational Rights and Privacy Act (UCA §53E-9-203(6 )), and District policy 6040.
2.1.2 communicate information and observations between school personnel regarding a child.
2.1.3 refer students to other appropriate school personnel and agents, consistent with district guidelines and procedures, as per District policy 4040, including referrals and communication with a school counselor or other mental health professionals working within the school system.
2.1.4 consult or use appropriate health care professionals in the event of an
emergency while the student is at school, consistent with the student emergency information provided at student enrollment.
complete a behavioral health evaluation form, provided by the student’s physician, if requested by a student's parent or guardian to provide information to a licensed physician.

2.2 School personnel may not:

2.2.1 recommend to a parent or guardian that a child take or continue to take a psychotropic medication.
2.2.2 require that a student take or continue to take a psychotropic medication as a condition for attending school.
2.2.3 recommend that a parent or guardian seek or use a type of psychiatric or psychological treatment for a child.
2.2.4 conduct a psychiatric or behavioral health evaluation or mental health screening, test, evaluation, or assessment of a child, except where this conflicts with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent amendments as well as the optional Utah School Based Mental Health Screening Program with required parental written consent in accordance with Utah Code 53F-2-522 and Utah State Board of Education Rule R277-625.
2.2.5 make a child abuse or neglect report to authorities, including the Division of Child and Family Services, solely or primarily on the basis that a parent or guardian refuses to consent to:
2.2.6 psychiatric, psychological, or behavioral treatment for a child, including the administration of a psychotropic medication to a child; or
2.2.7 a psychiatric or behavioral health evaluation of a child.

2.3 In compliance with State Law (UCA §62A-4a-403 ), school personnel are required to:

2.3.1 report suspected child abuse*
*Notwithstanding Subsection (II)(e) (i) (ii), school personnel MAY make a report IF failure to take the action would present a serious, imminent risk to the child's safety or the safety of others.
2.3.2 comply with applicable state and local health department laws, rules, and policies.
2.3.3 conduct evaluations and assessments consistent with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent amendments.
2.4 A school counselor or other mental health professional acting in accordance with Title 58, Chapter 60, Mental Health Professional Practice Act, or licensed through the State Board of Education, working within the school system may:

2.4.1 recommend, but not require, a psychiatric or behavioral health evaluation of a child.
2.4.2 recommend, but not require, psychiatric, psychological, or behavioral
treatment for a child.
2.4.3 conduct a psychiatric or behavioral health evaluation or mental health
screening, test, evaluation, or assessment of a child in accordance with Section 53E-9-203.
2.4.4 provide to a parent or guardian, upon the specific request of the parent or guardian, a list of three of more health care professionals or providers, including licensed physicians, psychologists, or other health specialists.

2.5 Nothing in this policy shall be interpreted as discouraging general communication not prohibited by this policy between school personnel and a student’s parent/guardian.

3. TRAINING:
Appropriate school personnel shall receive training from their supervisor on the provisions of this policy.

4. PENALTIES FOR VIOLATION:
Intentional violation of this policy may subject school personnel to discipline consistent with State law and District policy 2025.

Approved: 11/11/15
Revised: 03/13/24