School-Based Behavioral Health: What the Law Requires
Georgia laws and policies shape the behavioral health supports available to students in public schools. Here we highlight key requirements, how they are funded, and when school systems may have flexibility to waive them.
Laws, Regulations, and Policies
The laws, regulations, and policies below are key to understanding school-based behavioral health in Georgia.
| Statute | Summary |
|---|---|
| Core Curriculum Requirements | State-funded schools must offer health, physical education, and alcohol and drug prevention courses. O.C.G.A. §§ 20-2-142; 20-2-144 |
| Online Safety Program | Character education in each grade must address bullying, and the appropriate use of technology. The model online safety program for 6th-12th grade students must address how social media affects mental health. O.C.G.A. §§ 20-2-145;20-2-149 |
| School Climate Management | The State Board provides requested assistance to improve local school climate. O.C.G.A. § 20-2-155 |
| Student-to-Counselor Ratio | QBE formula provides funding for one counselor for every 450 FTE students. Most of the counselor’s time—5 out of every 6 parts—must be spent helping students or parents through counseling or advising. O.C.G.A. § 20-2-182 |
| Student-to-Psychologist Ratio | QBE formula provides funding for one school psychologist for every 2,420 students. O.C.G.A. § 20-2-186 |
| Student-to-Nurse Ratio | QBE formula provides school nurse funding based on enrollment ratios. O.C.G.A. § 20-2-186(b)(5) |
| Qualified Student Advocacy Specialists | Enrollment-based, grant-funded support specialists coordinate student mental health interventions, attend meetings with GEMA and DBHDD, and evaluate and report on Tier 1 and Tier 2 programs. O.C.G.A. § 20-2-192 |
| Provisional Enrollment and Case Management Consultation | During provisional enrollment, a school may require a student to attend a case management consultation to determine if special education and behavioral health services are necessary and facilitate the transfer of services. O.C.G.A. § 20-2-670 |
| Positive Behavior Intervention and Supports (PBIS) and Response to Intervention (RTI) | High-needs elementary and middle schools must provide behavioral health awareness training to staff and implement tiered PBIS supports. O.C.G.A. § 20-2-741 |
| Multi-Tiered System of Supports Before K-3 Suspension/Expulsion | K–3 students must receive MTSS before expulsion or suspension exceeding 5 consecutive or cumulative school days. O.C.G.A. § 20-2-742 |
| Youth Violence & Suicide Prevention Training | Schools serving grades 6–12 must provide annual suicide prevention (1 hour) and youth violence prevention (1 hour) training; all certificated personnel must receive annual training on both. O.C.G.A. § 20-2-779.1 |
| Suicide Prevention Policies and Procedures | Local boards must adopt policies and develop procedures for student suicide awareness and prevention, intervention, and postvention. O.C.G.A. § 20-2-779.1(d) |
| Youth Violence Prevention Clubs | Schools permitting student organizations must create student-led youth violence prevention clubs. O.C.G.A. § 20-2-779.1(e) |
| School Safety Plans | Each public school must prepare a school safety plan, and include provisions that address the behavioral health needs of students and a behavioral threat assessment management plan. O.C.G.A. §§ 20-2-779.1(g); 20-2-1185; 20-2-1185.1 |
| You Are Not Alone Awareness Act | Schools using student ID badges for 6th-12th grade must display 988 crisis information. O.C.G.A. § 20-2-779.5 |
| Counseling After School Threat | Schools may provide counseling after credible accusation of a threat of serious harm. O.C.G.A. § 20-2-1181 |
| Turnaround School Screening | Turnaround schools must screen students to diagnose the factors for low performance, including physical and mental health needs, and connect students with supports and PBIS. O.C.G.A. §§ 20-14-45; 20-14-47. |
| Regulation | Summary |
|---|---|
| Health & P.E. Program | Local boards develop and implement comprehensive health education including mental health instruction. Ga. Comp. R. & Regs. R. 160-4-2-.12 |
| Student Support Team | Schools must have at least one Student Support Team (SST) to systematically address K–12 learning or behavior problems, develops and carries out a support plan, follows up, and monitors progress before referral for additional services.. Ga. Comp. R. & Regs. R. 160-4-2-.32 |
| Student Support Services | Local school systems must have a Student Services Plan covering alternative education, psychology, school climate, counseling, health, and social work services. Ga. Comp. R. & Regs. R. 160-4-8-.01 |
| Comprehensive School Counseling Program | School systems should provide comprehensive, standards-based, data-informed school counseling programs available to all students. Counselors must spend most of their time on counseling services, have the training, resources, and private space they need, meet state standards, and have student caseloads as close as possible to 1 counselor for every 450 students. Ga. Comp. R. & Regs. R. 160-4-8-.05 |
| Code of Conduct and MTSS Protections | Defines MTSS and RTI; requires age-appropriate behavior codes and MTSS before preschool–3rd grade expulsions or suspensions over 5 days, with limited exceptions. Ga. Comp. R. & Regs. R. 160-4-8-.15 |
| Suicide Prevention Training | Local school systems must adopt suicide prevention policies covering prevention, intervention, and postvention. All certificated school staff must receive annual suicide prevention training, including how to identify and refer students to mental health services. Ga. Comp. R. & Regs. R. 160-4-8-.19 |
| Student Services Plan | Each public school system must have a student services plan that includes counseling, school psychological services, and school climate supports. Ga. Comp. R. & Regs. R. 160-4-8-.01(2) |
| PBIS Endorsement Program | Defines MTSS and requires PBIS endorsement programs to cover schoolwide behavior supports, data-based decision-making, tiered interventions, behavioral assessment and planning, mental health/trauma-informed supports, and positive learning environments. Ga. Comp. R. & Regs. R. 505-3-.109 |
| Regulation | Summary |
|---|---|
| Guide for School Safety Plans | Designed to be a resource for school administrators to understand legal requirements and best practices in the development of their School Safety Plan. |
| School Safety Plan Checklist | This supplement to the Guide for School Safety Plans includes items required by law along with recommended best practices references.recommended best practices references. |
| Telehealth Vendor List | Vendor list for Local Education Agencies (LEAs) that choose to implement telehealth services using the Student Mental/Behavioral Health Service Grant may consider vendors who participated in GaDOE’s RFI process. |
| Behavioral Health Awareness Training | Behavioral Health Awareness Training is a statewide training approach that equips school staff with the knowledge and skills to recognize behavioral health concerns and respond appropriately. Improve the climate of the school. |
Funding
Georgia funds public schools primarily through the Quality Basic Education (QBE) formula. Additional state funding may support specific programs and services, including behavioral health supports.
Learn more: Georgia Budget in Briefs, Georgia Appropriations Bills
Waivers
Georgia schools can waive certain state education laws, rules, and requirements through Charter System or Strategic Waiver School System (SWSS) agreements — with certain exceptions. They cannot waive requirements related to student health and safety.
Learn more: GaDOE District Flexibility, Strategic Waivers School Systems (SWSS) Evaluation