Provides relative to behavioral health services for public school students (EG NO IMPACT See Note)

HB 352 amends Louisiana Revised Statutes 17:173 to strengthen protections and requirements governing behavioral health services provided to public school students during the school day. The bill modifies existing law by requiring public school governing authorities to post their behavioral health policies on their websites and include them in student handbooks, rather than merely making them available. It establishes mandatory supervision requirements specifying that board certified behavior analysts must provide in-person supervision of behavior technicians and that such supervision cannot be conducted virtually. The bill also changes language from "may" to "shall" regarding the provision of behavioral health services in physical classrooms during any part of the school day, including instructional time in core subjects such as English, reading, mathematics, and science. Additionally, the legislation enacts new definitions for board certified behavior analyst, behavior technician, evaluator, independent third-party payor, and medically necessary services, and clarifies that parents or legal guardians are the sole parties permitted to file dispute resolution claims regarding such services.

The practical effect of this legislation extends to students with behavioral health needs, their parents and legal guardians, public school governing authorities, and behavioral health providers. Students gain enhanced access to medically necessary behavioral health services during instructional time, with clearer policies publicly available on school websites and in student handbooks. Parents and guardians benefit from defined standards for evaluators and providers, along with explicit dispute resolution rights that belong exclusively to them rather than to other parties. Public school governing authorities must establish more specific operational frameworks governing when and where services occur and must ensure compliance with defined supervision standards. Behavioral health providers, particularly behavior technicians and board certified behavior analysts, face stricter requirements regarding in-person supervision and must align their work with students' existing educational plans while complying with relevant ethical codes of conduct.

The bill operates within the existing framework of Louisiana Revised Statutes 17:173, which previously established the foundational right of students to access medically necessary behavioral health services at school. The legislation strengthens enforcement and clarification mechanisms by delegating rulemaking authority to the State Board of Elementary and Secondary Education and directing the state Department of Education to establish dispute resolution procedures. The definitions added, particularly those distinguishing board certified behavior analysts from behavior technicians and specifying what constitutes an eligible evaluator, align with professional licensure and certification standards established by Louisiana licensing boards. The requirement that evaluators be independent of school employment operates in tension with state education governance but reflects a policy preference for third-party clinical assessment. The dispute resolution framework references existing legal structures, including Individualized Education Plans under federal special education law, Individualized Accommodation Plans and Section 504 Plans under federal disability law, and behavioral and health plans applicable to school settings.