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The 191st General Court of the Commonwealth of Massachusetts

Section 37Q: Mental health support plans

Section 37Q. (a) As used in this section the following words shall have the following meanings, unless the context clearly requires otherwise:—

''Approved private day or residential school'', a school that accepts, through agreement with a school committee, a child requiring special education pursuant to section 10 of chapter 71B.

''Charter school'', commonwealth charter schools and Horace Mann charter schools established pursuant to section 89.

''Collaborative school'', a school operated by an educational collaborative established pursuant to section 4E of chapter 40.

''Plan'', a mental health support plan established pursuant to subsection (b).

''School district'', the school department of a city or town, a regional school district or a county agricultural school.

(b) Each school district, charter school, approved private day or residential school and collaborative school shall develop and adhere to a plan to address the general mental health needs of its students, including the students' families, teachers and school administrators. Each plan shall also address the potential need for emergency and acute treatment for students, including the students' families, teachers and school administrators as a result of a tragedy or crisis within the district or school. Before September 1 of each year, each school district, charter school, approved private day or residential school and collaborative school shall review and update its plan to achieve best practices.

(c) The department of elementary and secondary education shall promulgate rules or regulations necessary to carry out this section.

(d) No public employer shall be liable for injury, loss of property, personal injury or death caused by an act or omission of a public employee while acting in the scope of the public employee's employment and arising out of the implementation of this section. This section shall not be construed as creating or imposing a specific duty of care.