BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 580 (O'Donnell) - Pupil mental health: model referral
protocols.
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|Version: June 24, 2015 |Policy Vote: ED. 7 - 0, HEALTH |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 17, 2015 |Consultant: Jillian Kissee |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: This bill requires, upon funding provided for this
purpose, the California Department of Education (CDE) to develop
model referral protocols for schools to use to address student
mental health concerns.
Fiscal
Impact: This bill creates a cost pressure to provide funding
for development of model referral protocols for which the CDE
anticipates would require five partial positions and about
$136,000 General Fund. This bill could also result in local
cost pressures to implement the protocols once developed.
Background: The federal Individuals with Disabilities Education Act
provides that students with exceptional needs identified as
having "emotional disturbance" may be eligible to receive mental
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health services. Mental health services are considered "related
services" and include counseling, psychological services, parent
counseling and training, and residential placement, among
others. (United States Code, Title 20, § 1400 et seq. and Code
of Federation Regulations, Title 34, § 300.34)
AB 114 (Committee on Budget, Chapter 43, Statutes of 2011),
shifted responsibility for mental health services for students
from counties to local educational agencies (LEAs). Any and all
services identified in a student's individualized education
program must be provided, whether directly by LEA employees or
through contract with outside providers such as county mental
health agencies. LEAs are required to ensure services are
provided to students regardless of who provides or pays for
those services. (Education Code § 56139)
Current law is silent on how school employees should refer
students for mental health assessments and services but it is
likely that they notify the school or school district counselor,
psychologist, or nurse of students' mental health concerns.
Proposed Law:
This bill requires the CDE to develop, and post on its
website, model referral protocols for addressing student mental
health concerns. Implementation of this bill is contingent upon
funds being appropriated for this purpose to the CDE in the
annual Budget Act or other legislation, or state, federal, or
private funds.
In developing the protocols, the CDE must consult with a number
of specified entities and other professionals involved in
student mental health as the CDE deems appropriate.
Use of the protocols is voluntary for schools, school districts,
county offices of education, charter schools, the state special
schools for the blind and deaf, and school nurse preparation
programs operated by institutions of higher education.
The protocols must do a number of things including: address the
appropriate and timely referral by school staff of students with
mental health concerns; reflect a multitiered system of support
processes and positive behavioral interventions and supports;
AB 580 (O'Donnell) Page 2 of
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and be consistent with state activities conducted by the CDE and
the administration of federally funded mental health programs.
Related
Legislation:1) AB 104 (Committee on Budget, Ch. 13, 2015) appropriates $10
million to the Superintendent of Public Instruction to provide
technical assistance and develop statewide resources to assist
local educational agencies to establish and align systems of
learning and behavioral supports.
AB 1133 (Achadjian, 2015 ) establishes a four year pilot program, the
School-Based Early Mental Health Intervention and Prevention
Services Support Program to provide outreach, free regional
training, and technical assistance for local educational
agencies in providing mental health services at school sites.
AB 1133 was held on the Assembly Appropriations Committee's
suspense file.
AB 1018 (Cooper, 2015) requires the CDE and the Department of Health
Care Services (DHCS) to convene a task force to examine the
delivery of mental health services through the Early and
Periodic Screening, Diagnosis, and Treatment services. AB 1018
is pending in the Senate Health Committee.
Staff
Comments: As the findings and declarations of this bill state,
there are several existing statewide student mental health
initiatives. The Student Mental Health Policy Workgroup (one of
the entities this bill requires the CDE to consult with) was
convened in 2012 by the CDE 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 students. In addition,
California received $9.7 million from the federal "Now is the
Time Project Advancing Wellness and Resilience in Education"
last fall in which three local educational agencies (LEAs) were
selected to participate. The LEAs will establish a process for
referring and connecting children to mental health services. If
successful, the models developed by these LEAs can be shared
statewide. Because these efforts are already underway, this
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bill presents new requirements for the CDE regarding development
of protocols, including broad statewide consultation, which
would likely necessitate additional resources.
If implemented, this bill authorizes, but does not mandate, the
use of the model protocols and therefore would not result in a
reimbursable state mandate for schools to implement the
protocols.
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