Title 22.1. Education
Chapter 14. Pupils
§ 22.1-272.3. Student access to telehealth services; school division policies.
A. In order to increase access to health care services for students, each school board shall consider developing and implementing policies for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services on school property during regular school hours with parental consent. Any school board that implements and develops policies for permitting any public school student in the school division to schedule and participate in mental health teletherapy services shall enter into a memorandum of understanding with a nationally recognized school-based telehealth provider in accordance with the model memorandum of understanding developed by the Department pursuant to § 22.1-272.2.
B. Any such policies developed and implemented by a school board for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services pursuant to subsection A shall:
1. Permit any public school student in the school division to schedule and participate in telehealth and mental health teletherapy services on school property during regular school hours on the same basis as such students are permitted to schedule and participate in school counseling services;
2. Require each public elementary and secondary school at which such telehealth services are provided to (i) designate a location in such school for students to use for such telehealth appointments that ensures the privacy and safety of such students and has Internet access and (ii) implement measures to ensure the privacy and safety of each student participating in a telehealth appointment;
3. Prohibit any student from being subject to any disciplinary measure or consequence for participating in a telehealth appointment during regular school hours if such student would not be subject to disciplinary measures or consequences for an absence for the purpose of receiving any health care services in person during regular school hours; and
4. Include such other requirements as the school board deems necessary and appropriate.
C. Any such policies developed and implemented by a school board for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services shall, in addition to the requirements set forth of subsection B, be consistent with, but may be more comprehensive than, the parameters set forth in the memorandum of understanding between the school board and the nationally recognized school-based telehealth provider developed by the school board pursuant to § 22.1-272.2.
D. Each school board that develops and implements any policies in accordance with this section shall provide guidance relating to the implementation of such policies for administrative and instructional personnel and shall post such guidance in a publicly accessible location on its website at the beginning of each school year.
