Bill Text: CA AB1450 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 1450

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Behavioral health: behavioral health and wellness screenings: notice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1450 Detail]

Download: California-2023-AB1450-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1450

Introduced by Assembly Member Jackson

February 17, 2023

An act to add Section 49600.5 to the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL'S DIGEST

AB 1450, as introduced, Jackson. Pupil health: universal screenings: adverse childhood experiences and dyslexia.

Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work. Existing law authorizes the governing board of a school district to provide a comprehensive educational counseling program for all pupils enrolled in the school district.

Existing law prohibits specified medical professionals, including psychiatrists, not employed in that capacity by the State Department of Health Care Services from being employed or permitted to supervise the health and physical development of pupils unless that person holds a services credential with a specialization in health or a valid credential, as provided.

Existing law prohibits any person who is an employee of a school district from administering psychological tests or engaging in other psychological activities involving the application of psychological principles, methods, or procedures unless (1) the person holds a valid and current credential as a school psychologist issued by the Commission on Teacher Credentialing that permits the holder to administer psychological testing to, or engage in psychological activities with, pupils, or (2) psychological assistants or school psychology interns perform the testing or activities under the supervision of a person described in (1).

Under existing law, parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, including, among others, the right to receive information about any psychological testing the school does involving their child and to deny permission to give the test.

This bill would require a school district, county office of education, or charter school to employ or contract with at least one mental health clinician, as defined, and at least one case manager, as defined, for each schoolsite of the local educational agency, and to conduct universal screenings for adverse childhood experiences, as defined, and dyslexia, pursuant to a graduated schedule by grade span, as specified. The bill would require a mental health clinician who conducts a screening to develop, and provide to the pupil and their parent or guardian, an action plan based upon findings from the screening, as appropriate, and would require case managers to help implement approved action plans. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 49600.5 is added to the Education Code, to read:

49600.5.

(a) Notwithstanding Section 49422, a local educational agency shall employ or contract with at least one mental health clinician and at least one case manager for each schoolsite of the local educational agency, pursuant to the following schedule:

(1) For elementary school schoolsites, on or before July 1, 2026.

(2) For middle school schoolsites, on or before July 1, 2028.

(3) For high school schoolsites, on or before July 1, 2030.

(b) Notwithstanding Section 49422, but consistent with the requirements of the Section 51101, a local educational agency shall conduct universal screenings for adverse childhood experiences (ACEs) and dyslexia, pursuant to the following schedule:

(1) For elementary school schoolsites, on or before July 1, 2026.

(2) For middle school schoolsites, on or before July 1, 2028.

(3) For high school schoolsites, on or before July 1, 2030.

(c) Notwithstanding Section 49422, but consistent with the requirements of the Section 51101, a mental health clinician who conducts a screening pursuant subdivision (b) shall develop and provide to the pupil and their parent or guardian an action plan based upon findings from the screening, as appropriate, and case managers shall help implement the approved action plans.

(d) For purposes of this section, the following definitions apply:

(1) “Case manager” means any of the following:

(A) A person with a doctoral degree in social work.

(B) A person with a master’s degree in social work.

(C) A marriage and family therapist, as defined in Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.

(2) “Local educational agency” means a school district, county office of education, or charter school.

(3) “Mental health clinician” means a person certified and trained to conduct screenings for, and to identify and diagnose the presence of, adverse childhood experiences, and who is at least one of following:

(A) A California board-certified, or board-eligible, psychiatrist.

(B) A marriage and family therapist, as defined in Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.

(C) A licensed educational psychologist, as defined in Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code.

(D) A credentialed school psychologist, as described in Section 49424.

(E) A clinical psychologist licensed under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.

(F) A registered psychological associate, as described in Section 2913 working under the supervision of a licensed professional specified in Section 2902 of the Business and Professions Code.

(G) A licensed clinical social worker, as defined in Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code.

(H) A licensed professional clinical counselor, as defined in Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.

(I) A person registered as an associate professional clinical counselor, as defined in Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, while working under the supervision of a licensed professional specified in subdivision (h) of Section 4999.12 of the Business and Professions Code.

(J) A credentialed school nurse, as described pursuant to Section 49426.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.