BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 580|
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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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