HB 252 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in school health services, providing for parental notification of implementation of mental health services digital platform by school entity.

PRINTER'S NO.   201

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 252
                                               Session of
                                                 2025

     INTRODUCED BY SCIALABBA, LEADBETER, HAMM, KAUFFMAN, STAATS,
        M. JONES, BERNSTINE, ZIMMERMAN, DAY AND WALSH,
        JANUARY 22, 2025

     REFERRED TO COMMITTEE ON EDUCATION, JANUARY 22, 2025


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in school health services, providing
 6      for parental notification of implementation of mental health
 7      services digital platform by school entity.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
11   as the Public School Code of 1949, is amended by adding a
12   section to read:
13      Section 1426.    Parental Notification of Implementation of
14   Mental Health Services Digital Platform by School Entity.--(a)
15   A school entity that provides a student enrolled in the school
16   entity with access to and use of a mental health services
17   digital platform may not permit the student to access and use
18   the platform or facilitate access to the platform without
19   receiving specific written permission from the parent or legal
20   guardian of the student after being provided the notice required
 1   under subsection (f).
 2      (b)     The parent or legal guardian may, at any time, withdraw
 3   permission in writing. Unless otherwise specified in writing by
 4   the parent or legal guardian, the withdrawal of permission shall
 5   take effect immediately upon delivery to a school official, and
 6   the school shall immediately refrain from further facilitation
 7   or promotion of access to the mental health digital platform.
 8      (c)     The school entity shall provide a written procedure and
 9   a sample consent or withdrawal form in the school administration
10   office and on the school entity's publicly accessible Internet
11   website for a parent or legal guardian to provide or withdraw
12   permission for the student to access and use or receive
13   materials designed to facilitate access to the mental health
14   services digital platform. The consent or withdrawal form shall
15   not be drafted or presented in a manner that makes it more
16   difficult to withhold or revoke consent than it is to grant
17   consent.
18      (d)     Upon request, a parent or legal guardian of a student
19   may:
20      (1)     be present with the student in an authorized school
21   setting while the student accesses and uses the mental health
22   services digital platform on school premises, unless good cause
23   for the exclusion of the parent or legal guardian is documented
24   by the governing board of the school entity; and
25      (2)     access, review, refuse further collection of or delete
26   the personal information collected from the student online to
27   the extent allowed by 20 U.S.C. § 1232g (relating to family
28   educational and privacy rights) or other applicable Federal or
29   State law.
30      (e)     A parent or legal guardian of a student who has given

20250HB0252PN0201                    - 2 -
 1   permission for the student to access and use or receive
 2   materials that facilitate access to a mental health services
 3   digital platform and who reasonably believes that the school
 4   entity has denied the presence of the parent or legal guardian
 5   while the student accesses and uses the platform on school
 6   premises without good cause has a private right of action
 7   against the governing body of the school entity.
 8      (f)   A school entity that provides or intends to provide a
 9   student enrolled in the school entity with access to and use of
10   or promotes or otherwise facilitates the use of a mental health
11   services digital platform shall provide written notification to
12   a parent or legal guardian of the student of the intention or
13   activity at least thirty (30) days prior to implementation of
14   the platform or promotion, access, use of the platform or other
15   activity designed to accomplish the same by the student. The
16   notification shall include the following:
17      (1)   A clear and detailed description of the platform in a
18   manner that provides a meaningful understanding to the parent or
19   guardian of the platform's practices, mission and structure,
20   including the platform's teachings, approach and philosophies,
21   lessons, available materials, activities and licenses.
22      (2)   A statement that the school entity may not provide
23   access to, promote or otherwise facilitate the use of the
24   platform to a student without written permission of the
25   student's parent or legal guardian.
26      (3)   A statement that the parent or legal guardian, upon
27   request, may be present with the student in an authorized school
28   setting while the student accesses or uses the platform on
29   school premises, unless good cause for the exclusion of the
30   parent or legal guardian is documented by the governing board of

20250HB0252PN0201                  - 3 -
 1   the school entity.
 2      (4)     A statement that the parent or legal guardian has a
 3   private right of action against the governing board of the
 4   school entity if the school entity fails to comply with
 5   subsection (d).
 6      (g)     As used in this section, the following words and phrases
 7   shall have the meanings given to them in this subsection unless
 8   the context clearly indicates otherwise:
 9      "Authorized school setting."     A physical space designated by
10   a school entity for a parent or legal guardian of a student
11   enrolled in the school entity to accompany the student while the
12   student accesses or uses a mental health services digital
13   platform on the school premises.
14      "Mental health services."     The provision of assistance or
15   counsel or preparation of a plan of assistance or counsel to a
16   student that relates to the mental health or well-being of the
17   student.
18      "Mental health services digital platform" or "platform."       An
19   electronic Internet-based tool that provides for support,
20   prevention and treatment in mental health, including an online
21   student peer support community, integrated guided and self-
22   guided mental health assessment, therapeutic tools and content,
23   and clinical interaction with a mental health practitioner in
24   real time and via scheduled therapy through text-based
25   interactions.
26      "School entity."     A school district, charter school, regional
27   charter school, cyber charter school, intermediate unit or area
28   career and technical school.
29      Section 2.     This act shall take effect in 60 days.



20250HB0252PN0201                    - 4 -