Bill would let parents opt in to share portions of a student's discharge plan with school mental-health staff

Sen. Favola told the K-12 Subcommittee that SB71, as substituted, would let a parent opt in to permit a treatment facility to share part of a discharged student's treatment or discharge plan with mental-health professionals employed in that student's school or, if applicable, the school division. "This bill does is if a student is admitted to a facility for treatment as a result of mental health issues, this bill would allow the parent to opt in and permit the hospital or facility to share a portion of the discharge plan that may inform the school that the child needs more services," Favola said.

Supporters said the change is intended to preserve confidentiality while enabling continuity of care. Kristen Young, a teacher with 27 years' experience, told the committee she supported the substitute because allowing trained school mental-health staff to see relevant portions of a discharge plan would help classroom teachers and school teams provide appropriate supports when a student returns. Chelsea Delgado of the Legal Aid/Justice Center also voiced support for the opt-in substitute.

The substitute narrows the proposal by making parental consent an opt-in and limiting shared information to mental-health professionals employed in the school or school division. The bill includes an enactment clause directing the Virginia Department of Education to issue implementing regulations by Jan. 1, 2027.

The committee voted to report the bill to the board on a 9 to 0 recorded vote.

Next steps: SB71 was reported out of the subcommittee and will proceed through the Education Committee process for further consideration and any required regulatory drafting.