Text of GA HB 1104 (2024)

24 LC 49 1722 House Bill 1104 By: Representatives Crawford of the 84th, Hugley of the 141st, McClain of the 109th, Douglas of the 78th, and Cox of the 28th A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 1 "Quality Basic Education Act," so as to address mental health risks for student athletes; to 2 provide for mental health screenings in addition to or in conjunction with preparticipation 3 physical examinations for student athletes; to provide for guidelines and other relevant 4 materials to inform and educate public school and participating private school student 5 athletes, their parents or guardians, school personnel, and coaches about screening student 6 athletes for mental health risks and raising awareness of mental health resources available 7 to student athletes; to provide for definitions; to provide for informational meetings; to 8 require annual review by coaches; to provide for limited liability; to encourage additional 9 implementation; to provide for related matters; to repeal conflicting laws; and for other 10 purposes. 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 12 SECTION 1. 13 Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality 14 Basic Education Act," is amended in Part 14, relating to other educational programs, by 15 revising Code Section 20-2-319.2, relating to school interscholastic extracurricular athletic 16 H. B. 1104 - 1 - 24 LC 49 1722 policy providing for the use of a single, comprehensive, preparticipation physical 17 examination form, as follows: 18 "20-2-319.2. 19 (a) The State Board of Education shall develop, with input from appropriate experts and 20 organizations, a school interscholastic extracurricular athletic policy that provides for the 21 use of a single, comprehensive, preparticipation physical examination form. 22 (b) As used in this Code section, the term 'participation' means participation in sports 23 try-outs tryouts and practices and actual interscholastic extracurricular sports competition. 24 (c) When a school or school district has a policy which requires students who participate 25 in extracurricular sports to have a physical examination and mental health risk screening 26 prior to participation, the person or persons conducting the physical examination and the 27 mental health screening shall use the State Board of Education approved form pursuant to 28 subsection (d) of this Code section, provided that the form may at the option of the local 29 board of education or other public school governing body include additional elements, 30 including, but not limited to, additional elements regarding mental health screening. 31 (d) The State Board of Education shall be authorized to appoint from time to time an 32 appropriate committee to make recommendations concerning the comprehensive, 33 preparticipation physical examination form to be used for physical examinations and 34 mental health risk screenings referred to in this Code section. The committee may consult 35 or work with appropriate voluntary organizations and shall give due consideration to the 36 recommendations of the American Academy of Pediatrics and the Department of 37 Behavioral Health and Developmental Disabilities on the subjects of student safety and 38 physical and mental health on this subject. The final form shall be adopted and may from 39 time to time be modified by rule by the State Board of Education." 40 H. B. 1104 - 2 - 24 LC 49 1722 SECTION 2. 41 Said article is further amended in Part 15, relating to miscellaneous provisions, by adding a 42 new Code section to read as follows: 43 "20-2-324.7. 44 (a) As used in this Code section, the term: 45 (1) 'Athletic association' means any association of schools or any other similar 46 organization which acts as an organizing, sanctioning, scheduling, or rule-making body 47 for interscholastic athletic activities in which public schools and participating private 48 schools in this state participate. 49 (2) 'Healthcare provider' means a licensed physician, another licensed individual under 50 the supervision of a licensed physician, licensed psychiatrist, licensed psychologist, 51 licensed clinical social worker, licensed professional counselor, clinical nurse specialist 52 in psychiatric/mental health, or other licensed mental or behavioral health clinician or 53 specialist who has received training on screening school-age children for mental health 54 risks. 55 (3) 'Interscholastic athletic activity' means interscholastic athletics and practices and 56 scrimmages related to interscholastic athletics. 57 (4) 'Participating private school' means a private school in this state whose students or 58 teams compete against students or teams from a public school or local school system in 59 this state. 60 (5) 'Student athlete' means a public school or participating private school student in 61 grades six through 12 participating in or desiring to participate in an interscholastic 62 athletic activity. 63 (b) The Department of Education shall, in consultation with the Department of Behavioral 64 Health and Developmental Disabilities, develop and post on its public website guidelines 65 and other relevant materials to inform and educate student athletes, their parents or 66 guardians, school personnel, and coaches about screening student athletes for mental health 67 H. B. 1104 - 3 - 24 LC 49 1722 risks and raising awareness of mental health resources available to student athletes. In 68 developing such guidelines and materials, the Department of Education may utilize 69 educational videos available at no cost to the state for the purpose of educating school 70 personnel and coaches. In the event that an athletic association in this state provides such 71 guidelines and relevant materials on such athletic association's public website, the 72 Department of Education shall not be required to duplicate such materials and shall be 73 deemed to have met the provisions of this subsection. 74 (c) Each public school and participating private school which includes one or more grades 75 from grades six through 12 shall hold an informational meeting twice each school year 76 regarding screening student athletes for mental health risks and to raise awareness of 77 mental health resources available to student athletes. At such informational meeting, an 78 information sheet on screening student athletes for mental health risks and identifying 79 mental health resources available to student athletes shall be provided to each student 80 athlete's parent or guardian. In addition to student athletes, parents or guardians, school 81 personnel, and coaches, such informational meetings may include healthcare providers. 82 (d)(1) Once each school year, each coach of an interscholastic athletic activity shall view 83 an approved educational video, if available, and review the guidelines and relevant 84 materials approved by the Department of Education pursuant to subsection (b) of this 85 Code section or provided by an athletic association. 86 (2) A coach shall not be eligible to coach an interscholastic athletic activity until he or 87 she completes the requirements contained in this subsection. 88 (e) This Code section shall not create any liability for, or create a cause of action against, 89 a local board of education or other governing body of a public school or participating 90 private school or the officers, employees, or volunteers of any such entities for any act or 91 omission related to the removal or nonremoval of a student athlete participating in an 92 interscholastic athletic activity in conjunction with an actual or perceived risk to the mental 93 health of such student athlete or another student athlete; provided, however, that this 94 H. B. 1104 - 4 - 24 LC 49 1722 subsection shall not include healthcare providers unless they are acting in a volunteer 95 capacity. 96 (f) The sponsors of youth athletic activities, as defined in subsection (a) of Code Section 97 20-2-324.1, are encouraged to implement the provisions of this Code section." 98 SECTION 3. 99 All laws and parts of laws in conflict with this Act are repealed. 100 H. B. 1104 - 5 -