{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-272.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-272.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-272.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-272.2.html"}],"law_id":84018,"edition_id":1,"section_id":84018,"structure_id":13512,"section_number":"22.1-272.2","catch_line":"Department; model memorandum of understanding; partnerships with community mental health services providers or a nationally recognized school-based telehealth provider","history":"2023, c. 349; 2024, c. 534; 2025, cc. 555, 563, 628, 666.","full_text":"A\n\nThe Department, in consultation with the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services, shall develop, adopt, and distribute to each school board a model memorandum of understanding between a school board and a public or private community mental health services provider or a nationally recognized school-based telehealth provider that (i) sets forth parameters for the provision of mental health services to public school students enrolled in the local school division by such provider, including the provision of mental health teletherapy for students outside of regular school hours and during regular school hours on school property and the provision of counseling for students by school counselors by way of telehealth and including a requirement for parental consent before the provision of any such services to any student who is under 18 years of age; (ii) reflects effective practices; and (iii)  addresses privacy considerations related to the exchange of information between the parties to the memorandum of understanding and relevant laws and regulations. The Department shall maintain and update as necessary the model memorandum of understanding to ensure that it remains current, useful, and relevant.B\n\nAny school board may provide school-based mental health teletherapy services and permit any public school student in the school division to schedule and participate in 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.C\n\nAny school board that chooses to provide such mental health teletherapy services pursuant to subsection B shall (i) 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 subsection A that ensures and sets forth parameters for the provision of mental health teletherapy services for students during regular school hours and (ii) develop and implement, pursuant to &#xA7; 22.1-272.3, policies and guidance for permitting any public school student in the school division to schedule and participate in mental health teletherapy services on school property during regular school hours.","order_by":null,"text":{"0":{"id":301104,"text":"The Department, in consultation with the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services, shall develop, adopt, and distribute to each school board a model memorandum of understanding between a school board and a public or private community mental health services provider or a nationally recognized school-based telehealth provider that (i) sets forth parameters for the provision of mental health services to public school students enrolled in the local school division by such provider, including the provision of mental health teletherapy for students outside of regular school hours and during regular school hours on school property and the provision of counseling for students by school counselors by way of telehealth and including a requirement for parental consent before the provision of any such services to any student who is under 18 years of age; (ii) reflects effective practices; and (iii)  addresses privacy considerations related to the exchange of information between the parties to the memorandum of understanding and relevant laws and regulations. The Department shall maintain and update as necessary the model memorandum of understanding to ensure that it remains current, useful, and relevant.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301105,"text":"Any school board may provide school-based mental health teletherapy services and permit any public school student in the school division to schedule and participate in 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":301106,"text":"Any school board that chooses to provide such mental health teletherapy services pursuant to subsection B shall (i) 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 subsection A that ensures and sets forth parameters for the provision of mental health teletherapy services for students during regular school hours and (ii) develop and implement, pursuant to &#xA7; 22.1-272.3, policies and guidance for permitting any public school student in the school division to schedule and participate in mental health teletherapy services on school property during regular school hours.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13512,"edition_id":1,"name":"Health Provisions","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12850,"metadata":{},"date_created":"2026-06-26 03:45:06","date_modified":"2026-06-26 03:45:06","permalink":{"id":182221,"object_type":"structure","relational_id":13512,"identifier":"2","token":"22.1\/14\/2","url":"\/22.1\/14\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12850,"edition_id":1,"name":"Pupils","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":182133,"object_type":"structure","relational_id":12850,"identifier":"14","token":"22.1\/14","url":"\/22.1\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83399,"structure_id":13512,"section_number":"22.1-270","catch_line":"Preschool physical examinations","url":"\/22.1-270\/","token":"22.1\/14\/2\/22.1-270","metadata":false},{"id":57306,"structure_id":13512,"section_number":"22.1-271","catch_line":"Repealed","url":"\/22.1-271\/","token":"22.1\/14\/2\/22.1-271","metadata":false},{"id":68537,"structure_id":13512,"section_number":"22.1-271.1","catch_line":"Definitions","url":"\/22.1-271.1\/","token":"22.1\/14\/2\/22.1-271.1","metadata":false},{"id":54801,"structure_id":13512,"section_number":"22.1-271.10","catch_line":"Guidelines and policies on student-athlete extreme heat safety and protection","url":"\/22.1-271.10\/","token":"22.1\/14\/2\/22.1-271.10","metadata":false},{"id":68882,"structure_id":13512,"section_number":"22.1-271.2","catch_line":"Immunization requirements","url":"\/22.1-271.2\/","token":"22.1\/14\/2\/22.1-271.2","metadata":false},{"id":80851,"structure_id":13512,"section_number":"22.1-271.3","catch_line":"Guidelines for school attendance for children infected with human immunodeficiency virus; school personnel training required; notification of school personnel in certain cases","url":"\/22.1-271.3\/","token":"22.1\/14\/2\/22.1-271.3","metadata":false},{"id":58904,"structure_id":13512,"section_number":"22.1-271.4","catch_line":"Health requirements for home-instructed, exempted, and excused children","url":"\/22.1-271.4\/","token":"22.1\/14\/2\/22.1-271.4","metadata":false},{"id":58468,"structure_id":13512,"section_number":"22.1-271.5","catch_line":"Guidelines and policies and procedures on concussions in student-athletes","url":"\/22.1-271.5\/","token":"22.1\/14\/2\/22.1-271.5","metadata":false},{"id":62863,"structure_id":13512,"section_number":"22.1-271.6","catch_line":"School division policies and procedures on concussions in students","url":"\/22.1-271.6\/","token":"22.1\/14\/2\/22.1-271.6","metadata":false},{"id":74380,"structure_id":13512,"section_number":"22.1-271.7","catch_line":"Public middle and high school student-athletes; pre-participation physical examination","url":"\/22.1-271.7\/","token":"22.1\/14\/2\/22.1-271.7","metadata":false},{"id":64618,"structure_id":13512,"section_number":"22.1-271.8","catch_line":"Sudden cardiac arrest prevention in student-athletes","url":"\/22.1-271.8\/","token":"22.1\/14\/2\/22.1-271.8","metadata":false},{"id":61392,"structure_id":13512,"section_number":"22.1-271.9","catch_line":"Cardiac emergency response or emergency action plans required","url":"\/22.1-271.9\/","token":"22.1\/14\/2\/22.1-271.9","metadata":false},{"id":60318,"structure_id":13512,"section_number":"22.1-272","catch_line":"Contagious and infectious diseases","url":"\/22.1-272\/","token":"22.1\/14\/2\/22.1-272","metadata":false},{"id":63093,"structure_id":13512,"section_number":"22.1-272.1","catch_line":"Responsibility to contact parent of student at imminent risk of suicide; notice to be given to social services if parental abuse or neglect; Board of Education to develop guidelines for parental contact","url":"\/22.1-272.1\/","token":"22.1\/14\/2\/22.1-272.1","metadata":false},{"id":64351,"structure_id":13512,"section_number":"22.1-272.1:1","catch_line":"School-connected student overdose policies; parental notification; guidelines","url":"\/22.1-272.1_1\/","token":"22.1\/14\/2\/22.1-272.1_1","metadata":false},{"id":84018,"structure_id":13512,"section_number":"22.1-272.2","catch_line":"Department; model memorandum of understanding; partnerships with community mental health services providers or a nationally recognized school-based telehealth provider","url":"\/22.1-272.2\/","token":"22.1\/14\/2\/22.1-272.2","metadata":false},{"id":73957,"structure_id":13512,"section_number":"22.1-272.3","catch_line":"Student access to telehealth services; school division policies","url":"\/22.1-272.3\/","token":"22.1\/14\/2\/22.1-272.3","metadata":false},{"id":68681,"structure_id":13512,"section_number":"22.1-273","catch_line":"Vision and hearing of student to be tested; exceptions","url":"\/22.1-273\/","token":"22.1\/14\/2\/22.1-273","metadata":false},{"id":82468,"structure_id":13512,"section_number":"22.1-273.1","catch_line":"Annual screening for scoliosis","url":"\/22.1-273.1\/","token":"22.1\/14\/2\/22.1-273.1","metadata":false},{"id":80414,"structure_id":13512,"section_number":"22.1-273.2","catch_line":"Parent educational information regarding eating disorders","url":"\/22.1-273.2\/","token":"22.1\/14\/2\/22.1-273.2","metadata":false},{"id":66325,"structure_id":13512,"section_number":"22.1-273.3","catch_line":"Parent educational information regarding tobacco and nicotine vapor products","url":"\/22.1-273.3\/","token":"22.1\/14\/2\/22.1-273.3","metadata":false},{"id":54479,"structure_id":13512,"section_number":"22.1-273.4","catch_line":"Department of Education; guidance and resources; applied behavior analysis services","url":"\/22.1-273.4\/","token":"22.1\/14\/2\/22.1-273.4","metadata":false},{"id":82301,"structure_id":13512,"section_number":"22.1-274","catch_line":"School health services","url":"\/22.1-274\/","token":"22.1\/14\/2\/22.1-274","metadata":false},{"id":87246,"structure_id":13512,"section_number":"22.1-274.01","catch_line":"Repealed","url":"\/22.1-274.01\/","token":"22.1\/14\/2\/22.1-274.01","metadata":false},{"id":62165,"structure_id":13512,"section_number":"22.1-274.01:1","catch_line":"Students who are diagnosed with diabetes; self-care; insertion and reinsertion of insulin pump","url":"\/22.1-274.01_1\/","token":"22.1\/14\/2\/22.1-274.01_1","metadata":false},{"id":62800,"structure_id":13512,"section_number":"22.1-274.02","catch_line":"Certain memorandum of agreement required","url":"\/22.1-274.02\/","token":"22.1\/14\/2\/22.1-274.02","metadata":false},{"id":61298,"structure_id":13512,"section_number":"22.1-274.1","catch_line":"Criteria to identify toxic art materials; labeling; use in certain grades prohibited","url":"\/22.1-274.1\/","token":"22.1\/14\/2\/22.1-274.1","metadata":false},{"id":78246,"structure_id":13512,"section_number":"22.1-274.2","catch_line":"Possession and administration of inhaled asthma medications, epinephrine, glucagon, and seizure rescue medications by certain students or school board employees","url":"\/22.1-274.2\/","token":"22.1\/14\/2\/22.1-274.2","metadata":false},{"id":55245,"structure_id":13512,"section_number":"22.1-274.2:1","catch_line":"Grade nine and grade 10 health education Standards of Learning; severe allergic reaction awareness training","url":"\/22.1-274.2_1\/","token":"22.1\/14\/2\/22.1-274.2_1","metadata":false},{"id":80659,"structure_id":13512,"section_number":"22.1-274.3","catch_line":"Policies regarding medication recommendations by school personnel","url":"\/22.1-274.3\/","token":"22.1\/14\/2\/22.1-274.3","metadata":false},{"id":56415,"structure_id":13512,"section_number":"22.1-274.4","catch_line":"Public elementary and secondary schools; automated external defibrillators required","url":"\/22.1-274.4\/","token":"22.1\/14\/2\/22.1-274.4","metadata":false},{"id":81947,"structure_id":13512,"section_number":"22.1-274.4:1","catch_line":"Opioid antagonist procurement, placement, maintenance, and administration; staff and faculty training; policies and requirements","url":"\/22.1-274.4_1\/","token":"22.1\/14\/2\/22.1-274.4_1","metadata":false},{"id":74919,"structure_id":13512,"section_number":"22.1-274.5","catch_line":"Topical sunscreen","url":"\/22.1-274.5\/","token":"22.1\/14\/2\/22.1-274.5","metadata":false},{"id":78903,"structure_id":13512,"section_number":"22.1-274.6","catch_line":"Seizure management and action plan; training","url":"\/22.1-274.6\/","token":"22.1\/14\/2\/22.1-274.6","metadata":false},{"id":73551,"structure_id":13512,"section_number":"22.1-274.7","catch_line":"Students with disabilities; individualized education programs; individualized accommodations and supports during emergency situations and evacuations","url":"\/22.1-274.7\/","token":"22.1\/14\/2\/22.1-274.7","metadata":false},{"id":70375,"structure_id":13512,"section_number":"22.1-274.8","catch_line":"School boards; bleeding control programs; bleeding control kits","url":"\/22.1-274.8\/","token":"22.1\/14\/2\/22.1-274.8","metadata":false},{"id":79734,"structure_id":13512,"section_number":"22.1-275","catch_line":"Protective eye devices","url":"\/22.1-275\/","token":"22.1\/14\/2\/22.1-275","metadata":false},{"id":81726,"structure_id":13512,"section_number":"22.1-275.1","catch_line":"School health advisory board","url":"\/22.1-275.1\/","token":"22.1\/14\/2\/22.1-275.1","metadata":false}],"previous_section":{"id":64351,"structure_id":13512,"section_number":"22.1-272.1:1","catch_line":"School-connected student overdose policies; parental notification; guidelines","url":"\/22.1-272.1_1\/","token":"22.1\/14\/2\/22.1-272.1_1","metadata":false},"next_section":{"id":73957,"structure_id":13512,"section_number":"22.1-272.3","catch_line":"Student access to telehealth services; school division policies","url":"\/22.1-272.3\/","token":"22.1\/14\/2\/22.1-272.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-272.2\/","history_text":"<p>This law was first created in 2023. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0349\">349<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2024, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0534\">534<\/a>; in 2025, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0555\">555<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0563\">563<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0628\">628<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0666\">666<\/a>.<\/p>","references":false,"refers_to":[{"id":73957,"section_number":"22.1-272.3","catch_line":"Student access to telehealth services; school division policies","order_by":null,"url":"\/22.1-272.3\/"}],"permalink":{"id":182283,"object_type":"law","relational_id":84018,"identifier":"22.1-272.2","token":"22.1\/14\/2\/22.1-272.2","url":"\/22.1-272.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-272.2\/","token":"22.1\/14\/2\/22.1-272.2","dublin_core":{"Title":"Department; model memorandum of understanding; partnerships with community mental health services providers or a nationally recognized school-based telehealth provider","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-272.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Department<\/span>, in consultation with the <span class=\"dictionary\">Department<\/span> of Behavioral Health and Developmental Services and the <span class=\"dictionary\">Department<\/span> of Medical Assistance Services, shall develop, adopt, and distribute to each <span class=\"dictionary\">school board<\/span> a model <span class=\"dictionary\">memorandum<\/span> of understanding between a <span class=\"dictionary\">school board<\/span> and a public or private community mental health services provider or a nationally recognized school-based telehealth provider that (i) sets forth parameters for the provision of mental health services to public school students enrolled in the local school division by such provider, including the provision of mental health teletherapy for students outside of regular school hours and during regular school hours on school property and the provision of counseling for students by school counselors by way of telehealth and including a requirement for parental consent before the provision of any such services to any student who is under 18 years of age; (ii) reflects effective practices; and (iii)  addresses privacy considerations related to the exchange of information between the parties to the <span class=\"dictionary\">memorandum<\/span> of understanding and relevant <span class=\"dictionary\">laws<\/span> and regulations. The <span class=\"dictionary\">Department<\/span> shall maintain and update as necessary the model <span class=\"dictionary\">memorandum<\/span> of understanding to ensure that it remains current, useful, and relevant. <a id=\"paragraph-301104\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-272.2\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Any <span class=\"dictionary\">school board<\/span> may provide school-based mental health teletherapy services and permit any public school student in the school division to schedule and participate in 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. <a id=\"paragraph-301105\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-272.2\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any <span class=\"dictionary\">school board<\/span> that chooses to provide such mental health teletherapy services pursuant to subsection B shall (i) enter into a <span class=\"dictionary\">memorandum<\/span> of understanding with a nationally recognized school-based telehealth provider in accordance with the model <span class=\"dictionary\">memorandum<\/span> of understanding developed by the <span class=\"dictionary\">Department<\/span> pursuant to subsection A that ensures and sets forth parameters for the provision of mental health teletherapy services for students during regular school hours and (ii) develop and implement, pursuant to &#xA7; <a class=\"law\" title=\"Student access to telehealth services; school division policies\" href=\"\/22.1-272.3\/\">22.1-272.3<\/a>, policies and guidance for permitting any public school student in the school division to schedule and participate in mental health teletherapy services on school property during regular school hours. <a id=\"paragraph-301106\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/22.1-272.2\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEPARTMENT; MODEL MEMORANDUM OF UNDERSTANDING; PARTNERSHIPS WITH COMMUNITY\nMENTAL HEALTH SERVICES PROVIDERS OR A NATIONALLY RECOGNIZED SCHOOL-BASED\nTELEHEALTH PROVIDER (\u00a7 22.1-272.2)\n\nA. The Department, in consultation with the Department of Behavioral Health and\nDevelopmental Services and the Department of Medical Assistance Services, shall\ndevelop, adopt, and distribute to each school board a model memorandum of\nunderstanding between a school board and a public or private community mental\nhealth services provider or a nationally recognized school-based telehealth\nprovider that (i) sets forth parameters for the provision of mental health\nservices to public school students enrolled in the local school division by such\nprovider, including the provision of mental health teletherapy for students\noutside of regular school hours and during regular school hours on school\nproperty and the provision of counseling for students by school counselors by\nway of telehealth and including a requirement for parental consent before the\nprovision of any such services to any student who is under 18 years of age; (ii)\nreflects effective practices; and (iii)  addresses privacy considerations\nrelated to the exchange of information between the parties to the memorandum of\nunderstanding and relevant laws and regulations. The Department shall maintain\nand update as necessary the model memorandum of understanding to ensure that it\nremains current, useful, and relevant.\n\nB. Any school board may provide school-based mental health teletherapy services\nand permit any public school student in the school division to schedule and\nparticipate in mental health teletherapy services on school property during\nregular school hours on the same basis as such students are permitted to\nschedule and participate in school counseling services.\n\nC. Any school board that chooses to provide such mental health teletherapy\nservices pursuant to subsection B shall (i) enter into a memorandum of\nunderstanding with a nationally recognized school-based telehealth provider in\naccordance with the model memorandum of understanding developed by the\nDepartment pursuant to subsection A that ensures and sets forth parameters for\nthe provision of mental health teletherapy services for students during regular\nschool hours and (ii) develop and implement, pursuant to &#xA7; 22.1-272.3,\npolicies and guidance for permitting any public school student in the school\ndivision to schedule and participate in mental health teletherapy services on\nschool property during regular school hours.\n\nHISTORY: 2023, c. 349; 2024, c. 534; 2025, cc. 555, 563, 628, 666.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}