Bill Text: CA SB387 | 2021-2022 | Regular Session | Amended
Bill Title: Pupil health: school employee and pupil training: youth mental and behavioral health.
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Engrossed - Dead) 2022-06-28 - June 29 hearing postponed by committee. [SB387 Detail]
Download: California-2021-SB387-Amended.html
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Amended
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Assembly
May 16, 2022 |
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Amended
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Senate
January 03, 2022 |
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Amended
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Senate
May 20, 2021 |
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Amended
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Senate
April 28, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 387
| Introduced by Senator Portantino (Coauthors: Senators Bates, Becker, Caballero, Ochoa Bogh, Rubio, and Wiener) (Coauthors: Assembly Members Boerner Horvath, Flora, Lackey, and Luz Rivas) |
February 11, 2021 |
An act to amend Section 49428.15 of the Education Code, relating to pupil health.
LEGISLATIVE COUNSEL'S DIGEST
SB 387, as amended, Portantino.
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 requires the department to ensure that each identified training program, among other requirements, 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.
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 include referrals to special education services in that instruction requirement for identified training programs. The 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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
or special education 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.
(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.
