BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 580|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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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
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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.
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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
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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
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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
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