State law encourages or requires districts to implement identification and referral processes to link students and families with needed resources.
Administrative Rules of Montana 37.111.825 Health supervision and maintenance
(7) Pursuant to the advisory authority of 50-1-202, MCA, the department recommends that students be evaluated by registered professional nurses or other appropriately qualified health professionals on a periodic basis in order to identify those health problems which have the potential for interfering with learning, including:
- (e) mental health screening.
Administrative Rules of Montana 37.87.1802 Comprehensive school and community treatment program: contact requir
(1) The licensed mental health center providing a comprehensive school and community treatment (CSCT) program must have a written contract with the school district. (2) The mental health center must identify each school in which CSCT services will be provided, including:
- (a) specific services to be provided;
- (b) staffing by position and minimum qualifications; and
- (c) a description of the mental health services provided by the mental health center during and outside of normal classroom hours.
(3) The school must identify:
- (a) the provision of transportation and classroom space during non-school days as described in ARM 37.106.1956(1)(i);
- (b) the role of the school counselor and the school psychologist, as appropriate, in the provision of mental health services and supports to youth including coordination with the CSCT program;
- (c) program supports, including telephone, computer access, locking file cabinet(s), and copying, that the school will make available to CSCT staff while providing services within the school;
- (d) office space dedicated to CSCT which must be adequate and appropriate for confidentiality and privacy for the services provided; and
- (e) treatment space available to CSCT large enough to host a group during both school and nonschool days.
(4) The school and mental health center must specify a referral process to the CSCT program.
(5) The school and mental health center must specify an enrollment process that:
- (a) includes the CSCT licensed or in-training mental health professional and a school administrator or designee;
- (b) ensures youth have access to services prioritized according to acuity and need as specified in ARM 37.87.1801; and
- (c) considers the current caseload of the CSCT program in terms of a wait list and near-term discharges.
(6) The school must describe the implementation of a school-wide positive behavior intervention and supports program, including, at a minimum, the following procedures:
- (a) identifying youth who exhibit inappropriate behaviors to the degree that a positive behavior intervention plan is needed and youth at risk of, or suspected to have need of, mental health services;
- (b) implementing and monitoring the progress of a positive behavior intervention plan for its effectiveness; and
- (c) referring youth to the CSCT program when positive behavior interventions and supports have not resulted in significant positive behavioral change or when a youth may have a clinical condition and may be in need of mental health services.
(7) The school and mental health center must describe annual training offered to school personnel, parents, and students concerning the following:
- (a) CSCT program and services;
- (b) CSCT referral process and criteria;
- (c) signs and symptoms that indicate a need for mental health services for a youth; and
- (d) confidentiality requirements under the Family Education Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPPA) Privacy and Security, and the Health Information Technology for Economic and Clinical Health Act (HITECH).