(a) Notwithstanding AS 14.30.171(a)(3) and (5), a behavioral or mental health professional working within a public school system may, in compliance with federal education law or applicable state law, (1) recommend, but not require, a psychiatric or behavioral health evaluation of a child; and (2) recommend, but not require, psychiatric, psychological, or behavioral treatment for a child. (b) In this section, (1) “behavioral health professional” means a person who has a master's degree in psychology, social work, counseling, or a related field with specialization or experience in working with children experiencing behavioral, physical, and emotional disabilities, and is working within the scope of the person's training and experience; (2) “federal education law” means 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act), 20 U.S.C. 7101 - 7143 (Safe and Drug-Free Schools and Communities Act of 1994), 29 U.S.C. 794 (nondiscrimination under federal grants and programs), and 42 U.S.C. 12101 - 12213 (equal opportunity for individuals with disabilities); (3) “mental health professional” has the meaning given in AS 47.30.915.
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