Bill Text: CA AB580 | 2015-2016 | Regular Session | Enrolled

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Bill Title: Pupil mental health: model referral protocols.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB580 Detail]

Download: California-2015-AB580-Enrolled.html

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BILL NUMBER: AB 580	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 1, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 3, 2015
	AMENDED IN SENATE  JUNE 24, 2015
	AMENDED IN ASSEMBLY  MAY 28, 2015
	AMENDED IN ASSEMBLY  MAY 6, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member O'Donnell

                        FEBRUARY 24, 2015

   An act to add Section 33319.6 to the Education Code, relating to
pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 580, O'Donnell. Pupil mental health: model referral protocols.
   Existing law provides that school districts and county offices of
education are responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools, and encourages school safety plans to include clear
guidelines for the roles and responsibilities of certain parties with
school-related health and safety responsibilities, as specified.
   This bill would require the State Department of Education to
develop model referral protocols, as provided, for addressing pupil
mental health concerns. The bill would require the department to
consult with various entities in developing the protocols, including
current classroom teachers and administrators. The bill would require
the department to post the model referral protocols on its Internet
Web site. The bill would make these provisions contingent upon funds
being appropriated for its purpose in the annual Budget Act or other
legislation, or state, federal, or private funds being allocated for
this purpose. The bill would also state various findings and
declarations of the Legislature relating to pupil mental health.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) Research points to a strong connection between mental wellness
and academic achievement.
   (2) Research demonstrates that early detection and treatment of
mental illness improves attendance, behavior, and academic
achievement.
   (3) It is estimated that 20 percent of children have mental health
issues, 80 percent of whom are estimated to be undiagnosed and
untreated. The lack of attention to a child's mental health has
significant effects on his or her school achievement and life
outcomes.
   (4) Mental health challenges disproportionately impact pupils who
face stressors such as violence, trauma, and poverty.
   (5) California's educators report their lack of preparedness in
addressing pupil mental health challenges as a major barrier to
instruction. Most educators and staff lack training to identify
pupils who may be in need of support and to make referrals, as
appropriate, to help pupils overcome and manage mental health issues
and succeed in school.
   (6) The State Department of Education has identified inadequate
service referral and inconsistent pupil mental health policies as
major factors contributing to pupils' lack of access to support for
mental health concerns.
   (7) Several initiatives are underway to improve the early
identification and referral of pupils for help with mental health
challenges. These include the California County Superintendents
Educational Services Association's K-12 Student Mental Health
Initiative, funded by the California Mental Health Services
Authority; the federally funded Project Cal-Well administered by the
State Department of Education; Training Educators through Recognition
and Identification Strategies (TETRIS); the Eliminating Barriers to
Learning (EBL) project administered by the State Department of
Education and funded by the California Mental Health Services
Authority; and the Student Mental Health Policy Workgroup established
by the Superintendent of Public Instruction and the California
Mental Health Services Authority.
   (8) In spite of these efforts, no model referral protocol exists
to guide schools and local educational agencies in appropriate and
timely intervention for pupil mental health concerns.
   (9) The State Department of Education, through its Project
Cal-Well and its Student Mental Health Policy Workgroup, is well
positioned to provide state leadership and guidance to local
educational agencies so that they are better able to address pupil
mental health concerns.
   (b) It is therefore the intent of the Legislature to direct the
development of model, evidence-based referral protocols for
addressing pupil mental health concerns that may be voluntarily used
by schoolsites, school districts, county offices of education,
charter schools, and teacher and administrator preparation programs.
  SEC. 2.  Section 33319.6 is added to the Education Code, to read:
   33319.6.  (a) The department shall develop model referral
protocols for addressing pupil mental health concerns. In developing
these protocols, the department shall consult with the members of the
Student Mental Health Policy Workgroup, local educational agencies
that have served as state or regional leaders in state or federal
pupil mental health initiatives, county mental health programs,
current classroom teachers and administrators, current schoolsite
classified staff, current schoolsite staff who hold pupil personnel
services credentials, current school nurses, current school
counselors, and other professionals involved in pupil mental health
as the department deems appropriate.
   (b) These protocols shall be designed for use, on a voluntary
basis, by schoolsites, school districts, county offices of education,
charter schools, and the state special schools for the blind and the
deaf, and by teacher, administrator, school counselor, pupil
personnel services, and school nurse preparation programs operated by
institutions of higher education. The protocols shall do all of the
following:
   (1) Address the appropriate and timely referral by school staff of
pupils with mental health concerns.
   (2) Reflect a multitiered system of support processes and positive
behavioral interventions and supports.
   (3) Be adaptable to varied local service arrangements for mental
health services.
   (4) Reflect evidence-based and culturally appropriate approaches
to pupil mental health referral.
   (5) Address the inclusion of parents and guardians in the referral
process.
   (6) Be written to ensure clarity and ease of use by certificated
and classified school employees.
   (7) Reflect differentiated referral processes for pupils with
disabilities and other populations for whom the referral process may
be distinct.
   (8) Be written to ensure that school employees act only within the
authorization or scope of their credential or license. Nothing in
this section shall be construed as authorizing or encouraging school
employees to diagnose or treat mental illness unless they are
specifically licensed and employed to do so.
   (9) Be consistent with state activities conducted by the
department in the administration of federally funded mental health
programs.
   (c) The department shall post the model referral protocols on its
Internet Web site so that they may be accessed and used by
educational institutions specified in subdivision (b).
   (d) This section is contingent upon funds being appropriated for
its purpose to the department in the annual Budget Act or other
legislation, or state, federal, or private funds being allocated for
this purpose.
   (e) The model referral protocols shall be completed and made
available within two years of the date funds are received or
allocated to implement this section.