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

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

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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-Amended.html

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BILL NUMBER: AB 580	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member O'Donnell

                        FEBRUARY 24, 2015

   An act to  repeal Sections 44504, 44505, 44506, and 44507
  add Chapter 3.3 (commencing with Section 44700) to
Part 25 of Division 3 of Title 2  of the Education Code,
relating to  teachers.   school employees. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 580, as amended, O'Donnell.  Teachers: California Peer
Assistance and Review Program for Teachers.   School
employees: in-service training: early identification of pupil mental
health issues.  
   Existing law establishes a system of public elementary and
secondary schools in this state. Existing law provides for the
establishment of local educational agencies to operate public
elementary and secondary schools and provide instruction to pupils.
Existing law requires local educational agencies to actively and
systematically seek out all individuals with exceptional needs, from
birth to 21 years of age, inclusive, who reside in a school district
or are under the jurisdiction of a special education local plan area
or a county office of education.  
   This bill would state the Legislature's findings and declarations
regarding pupil mental health issues. The bill would require school
districts, county offices of education, and charter schools to
provide in-service training every school year to teachers of pupils
in kindergarten and grades 1 to 12, inclusive, and to classified
staff who have regular personal contact with pupils, on the early
identification of pupil mental health issues, as specified. The bill
would authorize those entities to provide the required training in an
online format outside of a regularly scheduled staff meeting. The
bill would provide that the Legislature encourages these entities to
provide the required training as part of a larger initiative aimed at
improving mental health outcomes for pupils, and to use existing
funds from other state and federal sources, as appropriate, to
provide the required training. By imposing additional duties 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 these
statutory provisions.  
   Existing law establishes the California Peer Assistance and Review
Program for Teachers, which is a program established to assist
teachers by setting forth performance goals, providing multiple
observations of the teacher during periods of classroom instruction,
and encouraging a cooperative relationship between the consulting
teacher and the principal with respect to a process of peer
assistance and review. Existing law provides for the implementation
of the program by school districts that elect to participate in the
program, and establishes a system for apportioning state funds to
participating school districts. Existing law requires a school
district that does not participate in the program to report the
rationale for not participating annually at a regularly scheduled
meeting of the governing board of the school district. 

   This bill would repeal specified provisions relating to the
implementation and funding of this program and would delete an
obsolete provision relating to the preparation of a comprehensive
evaluation of the program. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Chapter 3.3 (commencing with Section
44700) is added to Part 25 of Division 3 of Title 2 of the  
Education Code   , to read:  
      CHAPTER 3.3.  IN-SERVICE TRAINING: EARLY IDENTIFICATION OF
PUPIL MENTAL HEALTH ISSUES


   44700.  (a) The Legislature finds and declares all of the
following:
   (1) In 2012, the Superintendent convened the Student Mental Health
Policy Workgroup, a collaboration between the department and the
California Mental Health Services Authority, to develop policy
recommendations that promote early identification, referral,
coordination, and access to quality mental health services for
pupils. The Student Mental Health Policy Workgroup is comprised of
teachers, school counselors, school social workers, school
psychologists, school nurses, and school administrators, as well as
state and county mental health professionals.
   (2) The Student Mental Health Policy Workgroup has issued a
recommendation calling for increased training of school personnel, in
order to promote earlier identification and intervention to meet the
needs of California's pupils.
   (3) The Student Mental Health Policy Workgroup has found the
following:
   (A) Research points to a strong connection between mental wellness
and academic achievement.
   (B) Research demonstrates that early detection and treatment of
mental illness improves attendance, behavior, and academic
achievement.
   (C) The percentage of children with mental health issues is
estimated at 20 percent, with 80 percent of those undiagnosed and
untreated. The lack of attention to their mental health has
significant effects on school achievement and life outcomes.
   (D) Mental health challenges disproportionately impact pupils who
face stressors such as violence, trauma, and poverty.
   (E) Mental health training for educators and other adults working
with pupils can help identify mental health issues early, allowing
pupils the opportunity to grow and thrive by receiving the support
they need to overcome barriers to their education.
   (F) 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, make referrals, and, as
appropriate, to help pupils overcome or manage mental health barriers
and succeed in school.
   (G) Statewide action is needed to expand training throughout
California so that all school staff can help address the significant
mental health needs of pupils.
   (H) While some parts of the state have benefited from mental
health training on a small scale, limited budgets have restricted the
reach of training that is critically needed in all districts.
   (I) Federal grant funds are now available for pilot programs in
school districts and county offices of education to help disseminate
mental health training throughout the state.
   (J) The department has been authorized to administer the federal
"Now is the Time" AWARE (Advancing Wellness and Resilience in
Education) State Agency Program grant.
   (K) This program will build and expand statewide awareness of
mental health issues among pupils by supporting training for school
personnel and other adults who interact with pupils to identify
possible mental health issues and connect pupils to appropriate
services.
   (b) It is therefore the intent of the Legislature that California
educators become knowledgeable about early identification of pupil
mental health issues, including protocols for pupil referral for
additional support.
   44701.  (a) (1) Within the first six weeks of every school year,
as part of a regularly scheduled staff meeting, each school district,
county office of education, and charter school shall provide
in-service training to teachers of pupils in kindergarten and grades
1 to 12, inclusive, and to classified staff who have regular personal
contact with pupils, on the early identification of pupil mental
health issues, including referral protocols.
   (2) The training required pursuant to paragraph (1) may instead be
provided in an online format outside of a regularly scheduled staff
meeting.
   (b) The Legislature encourages school districts, county offices of
education, and charter schools to provide the training described in
subdivision (a) as part of a larger initiative aimed at improving
mental health outcomes for pupils.
   (c) The Legislature encourages the use of existing funds from
other state and federal sources, as appropriate, to meet the
requirement of subdivision (a).
   44702.  Nothing in this chapter shall be construed as doing either
of the following:
   (a) Requiring school personnel to identify, assess, diagnose, or
treat pupil mental health issues.
   (b) Authorizing or encouraging school personnel to act outside of
the authority granted by their credential or license. 
   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.  
  SECTION 1.    Section 44504 of the Education Code
is repealed.  
  SEC. 2.    Section 44505 of the Education Code is
repealed.  
  SEC. 3.    Section 44506 of the Education Code is
repealed.  
  SEC. 4.    Section 44507 of the Education Code is
repealed.