BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair AB 1271 (Bonta) - School Safety Plans: Pupil Mental Health Care Amended: August 4, 2014 Policy Vote: Education 6-0 Urgency: No Mandate: No Hearing Date: August 14, 2014 Consultant: Jacqueline Wong-Hernandez SUSPENSE FILE. AS PROPOSED TO BE AMENDED. Bill Summary: AB 1271 adds pupil mental health requirements to the guidelines that the Legislature encourages schools to include when they update their school safety plans, as specified. Fiscal Impact (as approved on August 14, 2014): Minor cost pressure to state legislative encouragement for schools to "prioritize mental health and intervention services, restorative and transformative justice programs, and positive behavior interventions and support" in their guidelines governing the roles and responsibilities of specified adults on campus, and to include protocols to address the mental health care of pupils who have witness violent acts, as specified. Background: Existing law requires each school district and county office of education to be responsible for the overall development of all comprehensive school safety plans for its schools. (Education Code § 32281) Existing law requires the comprehensive school safety plan to include (1) an assessment of the current status of school crime committed on school campuses and at school-related functions and (2) identification of appropriate strategies and programs that will provide or maintain a high level of school safety and detail procedures for complying with existing laws; disaster procedures; policies regarding suspension or expulsion; a discrimination and harassment policy; and, a safe and orderly environment conducive to learning. (EC § 32282) Existing law encourages, as school safety plans are reviewed and updated, plans to include policies and procedures aimed at the AB 1271 (Bonta) Page 1 prevention of bullying. (EC § 32282) Existing law also encourages all comprehensive school safety plans, as they are reviewed and updated, to the extent resources are available, to include clear guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers and police officers on campus. (EC § 32282.1) Proposed Law: This bill requires schools that update their school safety plans to include clear guidelines for the roles and responsibilities of mental health professionals community intervention professionals, school counselors, school resource officers, and policy officers on school campuses, per the Legislature's encouragement, to include in their guidelines: 1) Primary strategies to create and maintain a positive school climate, promote school safety, and increase pupil achievement, and prioritize mental health and intervention services, restorative and transformative justice programs, and positive behavior interventions and support. 2) Protocols to address the mental health care of pupils, at any time, including, but not limited to: a) while on school grounds; b) while going to or coming from school; c) during a lunch period whether on or off campus; and, d) during, or while going to or coming from, a school-sponsored activity. Related Legislation: AB 549 (Jones-Sawyer) Ch. 422/2013 encourages all comprehensive school safety plans, to the extent resources are available, to include clear guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers and police officers on campus. That law, which is modified by this bill, took effect on January 1, 2014. Staff Comments: This bill adds requirements to guidelines that schools are "encouraged" by the Legislature to develop as part of an update to their schools safety plans. This bill does not have force of law but it does create cost pressure to comply with the legislative encouragement. Additionally, by placing various requirements for what must be included in guidelines that are themselves not actually required, this bill could AB 1271 (Bonta) Page 2 result in schools electing not to adopt guidelines, if their guidelines would not meet the requirements. This bill specifically requires that, if developed, the guidelines include strategies to create and maintain a positive school climate, promote school safety, and increase pupil achievement, and prioritize mental health and intervention services, restorative and transformative justice programs, and positive behavior interventions and support. These requirements could significantly add to the complexity of the guidelines. This bill also requires, if guidelines are developed, the inclusion of protocols to address the mental health care of pupils, at any time, including, but not limited to: a) while on school grounds; b) while going to or coming from school; c) during a lunch period whether on or off campus; and, d) during, or while going to or coming from, a school-sponsored activity. It appears, based on previous versions of this bill, that is is a drafting error in the most recent amendments. But, as written, it appears to require extensive protocols for wraparound pupil mental health services. Committee Amendments encourage the guidelines, if developed, to include specified strategies and the protocols to address the mental health care of pupils who have witnessed violent acts.