BILL NUMBER: AB 580 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2015
AMENDED IN ASSEMBLY MAY 28, 2015
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 Section 33319.6 to the Education Code, relating to
pupil health.
LEGISLATIVE COUNSEL'S DIGEST
AB 580, as amended, O'Donnell. Pupil mental health: early
identification and referral: model referral
protocol. protocols.
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
and a county office of education designated by the department
to jointly develop a
model referral protocol, protocols, as
provided, for addressing pupil mental health concerns. The bill would
require the department and designated county office of
education to consult with 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.
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. 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.
(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.
(6)
(7) 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 Now is the Time
Advancing Wellness and Resilience in Education (AWARE) State
Educational Agency grant program Project Cal-Well
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.
(7)
(8) 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.
(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.
(b) It is therefore the intent of the Legislature to direct the
development of a model, evidence-based referral
protocol protocols 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:
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.
33319.6. (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.
(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:
(1) Address the appropriate and timely referral by school staff of
pupils with mental health concerns.
(2) Reflect a multitiered system of support processes and positive
behavioral interventions and supports.
(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.
(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.
(8)
(9) Be consistent with state activities conducted by
the department in the administration of federally funded mental
health programs.
(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.
(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.
(e)
(c) The department shall post the model referral
protocol protocols on its Internet Web
site so that it they may be accessed
and used by local educational agencies
and charter schools. institutions specified in
subdivision (b).
(f)
(d) This section is contingent upon funds being
appropriated for its purpose to either the
department or the designated county office of education
in the annual Budget Act or other legislation, or
other state, federal, or private funds being allocated for
this purpose.
(g)
(e) The model referral protocol
protocols shall be completed and made available within
one year two years of the date funds are
received or allocated to implement this section.