Amended in Senate June 24, 2015

Amended in Assembly May 28, 2015

Amended in Assembly May 6, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 580

Introduced by Assembly Member O'Donnell

February 24, 2015

An act to add Section 33319.6 to the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

AB 580, as amended, O'Donnell. Pupil mental health: begin delete early identification and referral: end delete model referral begin delete protocol. end delete begin insert protocols. end insert

Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of their constituent schools, and encourages school safety plans to include clear guidelines for the roles and responsibilities of certain parties with school-related health and safety responsibilities, as specified.

This bill would require the State Department of Education begin delete and a county office of education designated by the department end delete to begin delete jointly end delete develop begin delete a end delete model referral begin delete protocol, end delete begin insert protocols, end insert as provided, for addressing pupil mental health concerns. The bill would require the department begin delete and designated county office of education end delete to consult with begin delete county offices of education and school districts that participated as regional leaders in a statewide pupil mental health initiative supported by the California Mental Health Services Authority, to be selected jointly by the department and designated county office of education. end delete begin insert various entities in developing the protocols, including current classroom teachers and administrators. The bill would require the department to post the model referral protocols on its Internet Web site. The bill would make these provisions contingent upon funds being appropriated for its purpose in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose. end insert The bill would also state various findings and declarations of the Legislature relating to pupil mental health.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) Research points to a strong connection between mental
wellness and academic achievement.

(2) Research demonstrates that early detection and treatment of
mental illness improves attendance, behavior, and academic
achievement.

(3) It is estimated that 20 percent of children have mental health
issues, 80 percent of whom are estimated to be undiagnosed and
untreated. The lack of attention to a child’s mental health has
significant effects on his or her school achievement and life
outcomes.

(4) Mental health challenges disproportionately impact pupils
who face stressors such as violence, trauma, and poverty.

(5) 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 and to make referrals, as
appropriate, to help pupils overcome and manage mental health
issues and succeed in school.

begin insert

(6) The State Department of Education has identified inadequate
service referral and inconsistent pupil mental health policies as
major factors contributing to pupils’ lack of access to support for
mental health concerns.

end insert begin delete

(6)

end delete

begin insert (7) end insert  Several initiatives are underway to improve the early
identification and referral of pupils for help with mental health
challenges. These include the California County Superintendents
Educational Services Association’s K-12 Student Mental Health
Initiative, funded by the California Mental Health Services
Authority; the federally funded begin delete Now is the Time Advancing
Wellness and Resilience in Education (AWARE) State Educational
Agency grant program end delete begin insert Project Cal-Well end insert administered by the State
Department of Education; Training Educators through Recognition
and Identification Strategies (TETRIS); the Eliminating Barriers
to Learning (EBL) project administered by the State Department
of Education and funded by the California Mental Health Services
Authority; and the Student Mental Health Policy Workgroup
established by the Superintendent of Public Instruction and the
California Mental Health Services Authority.

begin delete

(7)

end delete

begin insert (8) end insert  In spite of these efforts, no model referral protocol exists to
guide schools and local educational agencies in appropriate and
timely intervention for pupil mental health concerns.

begin insert

(9) The State Department of Education, through its Project
Cal-Well and its Student Mental Health Policy Workgroup, is well
positioned to provide state leadership and guidance to local
educational agencies so that they are better able to address pupil
mental health concerns.

end insert

(b) It is therefore the intent of the Legislature to direct the
development of begin delete a end delete model, evidence-based referral begin delete protocol end delete begin insert protocols end insert
for addressing pupil mental health concerns that may be voluntarily
used by schoolsites, school districts, county offices of education,
charter schools, and teacher and administrator preparation
programs.

SEC. 2.  

Section 33319.6 is added to the Education Code, to
read:

begin delete

33319.6.  

(a) For purposes of this section, the following terms
have the following meanings:

(1) “Designated county office of education” means a county
office of education selected by the department that has experience
in administering a statewide pupil mental health initiative supported
by the California Mental Health Services Authority.

(2) “Participating local educational agency” means a county
office of education or school district selected jointly by the
department and designated county office of education that has
participated as a regional leader in a statewide pupil mental health
initiative supported by the California Mental Health Services
Authority. The department and designated county office of
education shall ensure that participating local educational agencies
selected for purposes of this section reflect the geographic and
socioeconomic diversity of the state.

(b) The department and designated county office of education
shall jointly, in consultation with participating local educational
agencies, current classroom teachers, and current schoolsite
classified staff, develop a model referral protocol for addressing
pupil mental health concerns. The protocol may be used, on a
voluntary basis, by schoolsites, school districts, county offices of
education, charter schools, and by teacher and administrator
preparation programs operated by institutions of higher education.
The protocol shall do all of the following:

(1) Address the referral by school staff of pupils with mental
health concerns. The protocol may, at the discretion of the
department and designated county office of education, include the
continuum: from prevention, to identification, to referral for
services.

(2) Reflect a multitiered system of support processes.

end delete

begin insert

begin insert 33319.6. end insert   

end insert begin insert

(a) The department shall develop model referral
protocols for addressing pupil mental health concerns. In
developing these protocols, the department shall consult with the
members of the Student Mental Health Policy Workgroup, local
educational agencies that have served as state or regional leaders
in state or federal pupil mental health initiatives, county mental
health programs, current classroom teachers and administrators,
current schoolsite classified staff, current schoolsite staff who hold
pupil personnel services credentials, current school nurses, current
school counselors, and other professionals involved in pupil mental
health as the department deems appropriate.

end insert begin insert

(b) These protocols shall be designed for use, on a voluntary
basis, by schoolsites, school districts, county offices of education,
charter schools, and the state special schools for the blind and the
deaf, and by teacher, administrator, school counselor, pupil
personnel services, and school nurse preparation programs
operated by institutions of higher education. The protocols shall
do all of the following:

end insert begin insert

(1) Address the appropriate and timely referral by school staff
of pupils with mental health concerns.

end insert begin insert

(2) Reflect a multitiered system of support processes and positive
behavioral interventions and supports.

end insert

(3) Be adaptable to varied local service arrangements for mental
health services.

(4) Reflect evidence-based and culturally appropriate approaches
to pupil mental health referral.

(5) Address the inclusion of parents and guardians in the referral
process.

(6) Be written to ensure clarity and ease of use by certificated
and classified school employees.

(7) Reflect differentiated referral processes for pupils with
disabilities and other populations for whom the referral process
may be distinct.

begin insert

(8) Be written to ensure that school employees act only within
the authorization or scope of their credential or license. Nothing
in this section shall be construed as authorizing or encouraging
school employees to diagnose or treat mental illness unless they
are specifically licensed and employed to do so.

end insert begin delete

(8)

end delete

begin insert (9) end insert  Be consistent with state activities conducted by the
department in the administration of federally funded mental health
programs.

begin delete

(c) The designated county office of education acting jointly with
the department shall be selected by the department and shall have
experience in administering a statewide pupil mental health
initiative supported by the California Mental Health Services
Authority.

end delete begin delete

(d) The department and designated county office of education
are encouraged to consult with the California Mental Health
Services Authority, representatives of county mental health
programs, and the Student Mental Health Policy Workgroup in
the development of this protocol.

end delete begin delete

(e)

end delete

begin insert (c) end insert  The department shall post the model referral begin delete protocol end delete
begin insert protocols end insert on its Internet Web site so that begin delete it end delete begin insert they end insert may be accessed
and used by begin delete local end delete educational begin delete agencies and charter schools. end delete
begin insert institutions specified in subdivision (b). end insert

begin delete

(f)

end delete

begin insert (d) end insert  This section is contingent upon funds being appropriated
for its purpose to begin delete either end delete the department begin delete or the designated county
office of education end delete in the annual Budget Act or other legislation,
or begin delete other end delete state, federal, or private funds being allocated for this
purpose.

begin delete

(g)

end delete

begin insert (e) end insert  The model referral begin delete protocol end delete begin insert protocols end insert shall be completed
and made available within begin delete one year end delete begin insert two years end insert of the date funds
are received begin insert or allocated end insert to implement this section.