Maricopa Unified board adopts policy requiring parental opt‑in for behavioral‑health referrals under 'Jake's Law'

The Maricopa Unified School District governing board on July 23 approved Policy 5‑411, creating an annual parental opt‑in process for school referrals to behavioral‑health agencies under what presenters identified as Jake’s Law.

Board members voted to adopt the policy after staff said it requires written, informed parental consent before school counselors or administrators may make referrals and that parents can revoke consent at any time. The board approved the measure by a recorded vote of Shontay Rothschild, Ben Owens, Carol(yn) Lopez, Patty Couture and President Robert Downey — all voting yes.

The policy, presented by Miss Pastor, was described as a response to “Jake’s Law, Arizona Revised Statute 30 six‑three 436,” and would require the district to publish eligibility information and a list of contracted community providers on the district website. “This adopting this policy will formally authorize the counselors and administrators to make these behavioral health referrals and ensure that we’re compliant,” Pastor told the board, adding implementation would impose no additional cost to the district.

Board member Amber Lopez asked how the opt‑in process would work in practice, including whether parents who did not opt in at the start of the year could later consent. Pastor replied that the district would provide information to all parents, that parents could opt in at any point via the district website or by discussing it with a school counselor, and that parents who had opted in could revoke consent at any time. Pastor said opting in does not automatically generate a referral; it only permits staff to make a referral when appropriate.

The policy text presented to the board includes: an annual opt‑in consent form; a requirement to publish eligibility criteria and a list of contracted providers; a parent right to revoke consent at any time; and an end‑of‑year parent survey to collect feedback about the referral process. The presentation emphasized the policy’s role in complying with the statutory requirement cited by staff.

The board did not identify additional funding or implementation costs during the discussion. No amendments to the policy were recorded in the meeting minutes.

The policy will authorize counselors and administrators to refer students to behavioral‑health services through contracted community providers or access funding only when parents have completed the required consent process.