Amendment ID: S3164-8
Amendment 8
Screening for Problematic and Risky Internet Use
Mr. Keenan, Ms. Edwards and Mr. Montigny move that the proposed new draft be amended by inserting after section ____ the following sections:-
SECTION ____. Sections 96 and 97 of chapter 71 of the General Laws shall be struck and replaced with the following words:-
"Section 96. Each public school shall have policies regarding substance use prevention and problematic and risky internet use and the education of its students about the dangers of substance abuse and problematic and risky internet use. The school shall notify the parents or guardians of all students attending the school of the policies and shall post the policies on the school's website. The policies, and any standards and rules enforcing the policies, shall be prescribed by the school committee in conjunction with the superintendent or the board of trustees of a charter school.
The department of elementary and secondary education, in consultation with the department of public health, shall provide guidance and recommendations to assist schools with developing and implementing effective substance use prevention and abuse and problematic and risky internet use education policies and shall make such guidance and recommendations publicly available on the department's website. Guidance and recommendations may include educating parents or guardians on recognizing warning signs of substance abuse and problematic and risky internet use and providing available resources. Guidance and recommendations shall be reviewed and regularly updated to reflect applicable research and best practices.
Each school district and charter school shall file its substance use prevention and abuse and problematic and risky internet use education policies with the department of elementary and secondary education in a manner and form prescribed by the department.
Section 97. (a) Subject to appropriation, each city, town, regional school district, charter school or vocational school district shall utilize a verbal screening tool to screen pupils for substance use disorders and a written or verbal screening or assessment tool to screen students for problematic and risky internet use. Screenings shall occur on an annual basis and occur at 2 different grade levels as recommended by the department of elementary and secondary education, in consultation with the department of public health. Parents or guardians of a pupil to be screened pursuant to this section shall be notified prior to the start of the school year. Verbal and written screening tools shall be approved by the department of elementary and secondary education, in conjunction with the department of public health. De-identified screening results shall be reported to the department of elementary and secondary education and the department of public health, in a manner to be determined by each department, not later than 90 days after completion of the screening.
(b) A pupil or the pupil's parent or guardian may opt out of the screenings by written notification at any time prior to or during the screenings. A city, town, regional school district, charter school or vocational school district utilizing a written or verbal screening tool shall comply with the department of elementary and secondary education's regulations relative to consent.
(c) Any statement, response or disclosure made by a pupil during a verbal substance use disorder screening and a verbal or written and problematic and risky internet use screening shall be considered confidential information and shall not be disclosed by a person receiving the statement, response or disclosure to any other person without the prior written consent of the pupil, parent or guardian, except in cases of immediate medical emergency or a disclosure is otherwise required by state law; provided, however, that the screenings required under this section shall be implemented in accordance with applicable state and federal laws and regulations pertaining to student confidentiality, including rules and regulations promulgated pursuant to section 34D. Such consent shall be documented on a form approved by the department of public health and shall not be subject to discovery or subpoena in any civil, criminal, legislative or administrative proceeding. No record of any statement, response or disclosure shall be made in any form, written, electronic or otherwise, that includes information identifying the pupil.
(d) The department of elementary and secondary education shall notify each school district in writing of the requirement to screen students for substance use disorders and problematic and risky internet use pursuant to this section. School districts with alternative substance use or problematic and risky internet use screening policies may, on a form provided by the department, opt out of one of or both the required verbal screening tools. The form shall be signed by the school superintendent and provide a detailed description of the alternative substance use and problematic and risky internet use program the district has implemented and the reasons why the required written and verbal screening tools are not appropriate for the district.
(e) No person shall have a cause of action for loss or damage caused by an act or omission resulting from the implementation of this section.".
SECTION ____. Section ____ shall take effect on August 1, 2028.