BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 580| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 580 Author: O'Donnell (D) Amended: 6/24/15 in Senate Vote: 21 SENATE EDUCATION COMMITTEE: 7-0, 7/1/15 AYES: Liu, Runner, Leyva, Mendoza, Monning, Pan, Vidak NO VOTE RECORDED: Block, Hancock SENATE HEALTH COMMITTEE: 7-0, 7/8/15 AYES: Hernandez, Nguyen, Hall, Monning, Nielsen, Pan, Wolk NO VOTE RECORDED: Mitchell, Roth SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen ASSEMBLY FLOOR: 77-0, 6/2/15 - See last page for vote SUBJECT: Pupil mental health: model referral protocols SOURCE: Author DIGEST: This bill requires the California Department of Education (CDE) to develop model referral protocols for voluntary use by schools to address the appropriate and timely referral by school staff of students with mental health concerns. ANALYSIS: Existing federal law, under the federal Individuals with Disabilities Education Act, provides that students with exceptional needs identified as having "emotional disturbance" may be eligible to receive mental health services. Mental AB 580 Page 2 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) Existing state law, pursuant to 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) This bill: 1)Requires the CDE to develop model referral protocols for voluntary use by schools to address the appropriate and timely referral by school staff of students with mental health concerns. 2)Requires the CDE to consult with the members of the Student Mental Health Policy Workgroup, LEAs that have served as state or regional leaders in student mental health initiatives, county mental health programs, and current classroom teachers and administrators, classified staff, staff who hold student personnel services credentials, school nurses, school counselors and other professionals involved in student mental health as the CDE deems appropriate. 3)Requires the protocols to be designed for use, on a voluntary basis, by schoolsites, school districts, county offices of education, charter schools, and the State Special Schools, and by preparation programs for teachers, administrators, school counselors, student personnel services, and school nurses. 4)Requires the protocols to do all of the following: a) Address the appropriate and timely referral by school staff of students with mental health concerns. AB 580 Page 3 b) Reflect a multitiered system of support processes and positive behavioral interventions and supports. c) Be adaptable to varied local service arrangements for mental health services. d) Reflect evidence-based and culturally appropriate approaches to student mental health referral. e) Address the inclusion of parents and guardians in the referral process. f) Be written to ensure clarity and ease of use by certificated and classified school employees. g) Reflect differentiated referral processes for students with disabilities and other populations for whom the referral process may be distinct. h) Be written to ensure that school employees act only within the authorization or scope of their credential or license. i) Be consistent with state activities conducted by the CDE in the administration of federally funded mental health programs. 5)Requires the CDE to post the model referral protocols on its website. 6)Provides that nothing in this bill is to be construed as authorizing or encouraging school employees to diagnose or treat mental illness unless they are specifically licensed and employed to do so. 7)Provides that the implementation of this bill is contingent upon funds being appropriated for its purpose, and requires the model referral protocols to be completed and made available within two years of the date funds are received or allocated to implement the provisions of this bill. Comments What does school staff do now? Statutes are silent with regard AB 580 Page 4 to the process followed by school employees to refer students for mental health assessments and services. Teachers are specifically authorized to make a referral for assessment for special education and related services, but mental health needs may not necessitate special education. It is likely that schools notify the school or school district counselor, psychologist or nurse of mental health concerns. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, 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. 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. SUPPORT: (Verified8/27/15) California Association of School Counselors California Medical Association California School Boards Association California School Employees Association California School Nurses Organization Mental Health America of California Santa Clara County Office of Education OPPOSITION: (Verified8/27/15) None received ARGUMENTS IN SUPPORT: According to the California School AB 580 Page 5 Boards Association, "current law is silent on how school employees should refer students for mental health assessments and services. Teachers are specifically authorized to make a referral for assessment for special education and related services, but mental health needs may not necessitate special education. The model protocols developed pursuant to AB 580 will provide the appropriate direction to employees to better assist their students." ASSEMBLY FLOOR: 77-0, 6/2/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Chávez, Grove, Waldron Prepared by:Lynn Lorber / ED. / (916) 651-4105 8/31/15 16:04:23 **** END ****