BILL NUMBER: AB 580 AMENDED
BILL TEXT
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 Chapter 3.3 (commencing with Section 44700) to Part
25 of Division 3 of Title 2 of the Education Code, relating to school
employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 580, as amended, O'Donnell. 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
certified employees that provide instruction to
pupils in kindergarten and or any of
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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,
meeting or meetings, each school district, county office
of education, and charter school shall provide in-service training to
teachers of certificated employees that
provide instruction to pupils in kindergarten and
or any of 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. For classified staff, the training may occur
at a time other than a staff meeting, but in all cases shall occur
during regular work hours.
(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.