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. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 24, 2015 |Policy Vote: ED. 7 - 0, HEALTH | | | 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 AB 580 (O'Donnell) Page 1 of ? 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 ? 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 AB 580 (O'Donnell) Page 3 of ? 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. -- END --