Bill Text: CA SB387 | 2021-2022 | Regular Session | Amended


Bill Title: Pupil health: school employee and pupil training: youth mental and behavioral health.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2022-01-24 - In Assembly. Read first time. Held at Desk. [SB387 Detail]

Download: California-2021-SB387-Amended.html

Amended  IN  Senate  January 03, 2022
Amended  IN  Senate  May 20, 2021
Amended  IN  Senate  April 28, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 387


Introduced by Senator Portantino
(Principal coauthor: Senator Caballero)(Coauthor: Senator Stern)(Coauthors: Assembly Members Bauer-Kahan, Cooper, Daly, Grayson, Low, O’Donnell, and Robert Rivas)

February 11, 2021


An act to amend Section 13510.1 of the Penal Code, relating to peace officers. An act to amend Section 49428.15 of the Education Code, relating to pupil health.


LEGISLATIVE COUNSEL'S DIGEST


SB 387, as amended, Portantino. Peace officers: certification, education, and recruitment. Pupil health: school employee and pupil training: youth mental and behavioral health.
Existing law, contingent on an appropriation made for these purposes, requires the State Department of Education, on or before January 1, 2023, to recommend best practices and identify training programs for use by local educational agencies to address youth behavioral health, including, but not necessarily limited to, staff and pupil training, as specified. Existing law defines a local educational agency for purposes of these provisions to mean a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive.
This bill would require, on or before January 1, 2025, those local educational agencies to certify to the department that 75% of both its classified and certificated employees have received that youth behavioral health training, as specified. The bill would prohibit the training in youth behavioral health to be a condition of employment or hiring. By imposing training certification 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 the statutory provisions noted above.

Existing law requires the Commission on Peace Officer Standards and Training to establish a certification program for peace officers. Existing law requires the commission to establish basic, intermediate, advanced, supervisory, management, and executive certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Existing law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission. Existing law generally requires a local law enforcement officer who is responsible for the prevention and detection of crime and the general enforcement of the criminal laws to obtain the basic certificate issued by the commission within 18 months of employment in order to continue to exercise the powers of a peace officer.

This bill would require the commission to work with stakeholders from law enforcement, the University of California, the California State University, the California Community Colleges, and community organizations to develop a list of courses to include as requirements for obtaining a basic certificate, as specified. The bill would require an applicant for a basic certificate to complete those courses before obtaining the certificate. By imposing additional training costs on local law enforcement agencies, this 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 49428.15 of the Education Code is amended to read:

49428.15.
 (a) For purposes of this section, the following definitions apply:
(1) “Evidence-based” means peer-reviewed, scientific research evidence, including studies based on research methodologies that control threats to both the internal and the external validity of the research findings.
(2) “Evidence-informed” means using research that is already available and has been tested for efficacy and effectiveness. This evidence is then combined with the experiences and expertise of the training program developers to best fit the population intended to be served.
(3) “Local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive.
(4) “Youth behavioral health disorders” means pupil mental health and substance use disorders.
(5) “Youth behavioral health training” means training addressing the signs and symptoms of a pupil mental health or substance use disorder.
(b) The department shall, on or before January 1, 2023, recommend best practices, and identify evidence-based and evidence-informed training programs for schools to address youth behavioral health, including, but not necessarily limited to, staff and pupil training.
(c) In identifying one or more evidence-based or evidence-informed youth behavioral health training programs for use by local educational agencies to train school staff or pupils pursuant to subdivision (b), the department shall ensure that each training program meets all of the following requirements:
(1) Provides instruction on recognizing the signs and symptoms of youth behavioral health disorders, including common psychiatric conditions such as schizophrenia, bipolar disorder, major clinical depression, and anxiety disorders, and common substance use disorders such as opioid and alcohol abuse.
(2) Provides instruction on how school staff can best provide referrals to youth behavioral health services or other support to individuals in the early stages of developing a youth behavioral health disorder.
(3) Provides instruction on how to maintain pupil privacy and confidentiality in a manner consistent with federal and state privacy laws.
(4) Provides instruction on the safe deescalation of crisis situations involving individuals with a youth behavioral health disorder.
(5) Is capable of assessing trainee knowledge before and after training is provided in order to measure training outcomes.
(6) Is administered by a nationally recognized training authority in youth behavioral health disorders or by a local educational agency.
(7) (A) Includes in-person and virtual training with certified instructors who can recommend resources available in the community for individuals with a youth behavioral health disorder.
(B) For purposes of this paragraph, “certified instructors” means individuals who obtain or have obtained a certification to provide the selected youth behavioral health training.
(d) On or before January 1, 2025, a local educational agency shall certify to the department that 75 percent of its classified employees and 75 percent of its certificated employees having direct contact with pupils at each school have received the youth behavioral health training described in subdivision (c) in accordance with all of the following:
(1) Except as provided in paragraph (2), the youth behavioral health training is provided to classified and certificated employees during regularly scheduled work hours.
(2) If a classified or certificated employee receives the youth behavioral health training in a manner other than through an in-service training program provided by the local educational agency, the employee may present a certificate of successful completion of the training to the local educational agency for purposes of satisfying the requirements of this subdivision.
(3) The youth behavioral health training shall not be a condition of employment or hiring for classified or certificated employees.

(d)

(e) This section shall be implemented only to the extent that an appropriation is made in the annual Budget Act or another statute for these purposes.

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 13510.1 of the Penal Code is amended to read:
13510.1.

(a)The commission shall establish a certification program for peace officers, as specified in Sections 13510 and 13522, and for the California Highway Patrol. Certificates of the commission established pursuant to this section shall be considered professional certificates.

(b)Basic, intermediate, advanced, supervisory, management, and executive certificates shall be established for the purpose of fostering professionalization, education, and experience necessary to adequately accomplish the general police service duties performed by peace officer members of municipal police departments, county sheriffs’ departments, districts, university and state university and college departments, or by the California Highway Patrol.

(c)(1)Certificates shall be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission.

(2)In determining whether an applicant for certification has the requisite education, the commission shall recognize as acceptable college education only the following:

(A)Education provided by a community college, college, or university that has been accredited by the department of education of the state in which the community college, college, or university is located or by a recognized national or regional accrediting body.

(B)Until January 1, 1998, educational courses or degrees provided by a nonaccredited but state-approved college that offers programs exclusively in criminal justice.

(d)Persons who are determined by the commission to be eligible peace officers may make application for the certificates, provided they are employed by an agency that participates in the Peace Officer Standards and Training (POST) program.

(e)The commission shall have the authority to cancel any certificate that has been obtained through misrepresentation or fraud or that was issued as the result of an administrative error on the part of the commission or the employing agency.

(f)The commission shall work with stakeholders from law enforcement, the University of California, the California State University, the California Community Colleges, and community organizations to develop a list of courses to include as requirements for obtaining a basic certificate. The courses specified by the commission may be taken before, during, or after the completion of the basic course, but shall be completed before an individual may obtain a basic certificate. The commission shall consider allowances for prior law enforcement experience, postsecondary education experience, and military experience to satisfy these requirements. Any requirements developed pursuant to this subdivision shall not apply to any person who, as of December 31, 2021, possesses a basic certificate or is employed as a peace officer by a California public entity.

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.

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