BILL ANALYSIS Ó
AB 580
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CONCURRENCE IN SENATE AMENDMENTS
AB
580 (O'Donnell)
As Amended June 24, 2015
Majority vote
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|ASSEMBLY: |77-0 |(June 2, 2015) |SENATE: |39-0 |(September 1, |
| | | | | |2015) |
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Original Committee Reference: ED.
SUMMARY: 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.
The Senate amendments:
1)Delete the requirement that the protocols be jointly developed
by a county office of education.
2)State that the protocols are to be written to ensure that
school employees act only within the authorization or scope of
their credential or license.
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3)Add to the parties with whom the CDE is required to consult in
developing the protocols.
4)Clarify that multiple protocols are required.
EXISTING LAW:
1)Makes school districts the "responsible agency" for mental
health services for students with individualized education
programs (IEPs) (AB 114 (Budget Committee), Chapter 43,
Statutes of 2011).
2)Through initiative statute in 2004 (Proposition 63),
establishes the California Mental Health Services Act (MHSA)
which provides for local mental health services, including
prevention and early intervention, innovative projects, Full
Service Partnerships, peer support services, housing, and
other mental health treatment services.
3)Specifies, under federal law, that schools have the
responsibility for educationally related mental health
services. Requires local educational agencies (LEAs) to
update the Individualized Education Plan of each child that
will experience a change in services.
4)Requires, under federal law, the provision of a free,
appropriate public education to all disabled students in the
least restrictive environment.
FISCAL EFFECT: According to the Senate Appropriations
Committee, cost pressure to provide funding for development of
model referral protocols, for which the CDE anticipates
requiring five partial positions and about $136,000 General
Fund. This bill could also result in local cost pressures to
implement the protocols once developed.
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COMMENTS:
Need for this bill. The author states, "An estimated at 20% of
children have mental health issues, and 80% of those are
undiagnosed and untreated. Mental health challenges
disproportionately affect students who face stressors such as
violence, trauma, and poverty. Research demonstrates that early
detection and treatment of mental illness improves students'
attendance, behavior, and academic achievement.
"Numerous state initiatives are raising awareness of the need
for appropriate and timely attention to student mental health
concerns, but no models exist for use by school personnel when
mental health referral questions arise. AB 580 will make
available a vital, evidence-based tool for supporting students
with mental health concerns. The state is ideally positioned to
provide this guidance to school staff, so that they may better
support the both the health and academic achievement of their
students."
Student Mental Health Policy Workgroup. In 2012, the
Superintendent of Public Instruction and CalMHSA convened a
Student Mental Health Policy Workgroup (Workgroup) to develop
policy recommendations that promote early identification,
referral, coordination, and access to quality mental health
services for students. The Workgroup is comprised of teachers,
school counselors, school social workers, school psychologists,
school nurses, and school administrators, as well as state and
county mental health professionals.
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Regional K-12 Student Mental Health training through CCSESA.
Since 2011, CalMHSA has funded a Student Mental Health
Initiative through the California County Superintendents
Educational Services Association (CCSESA). This project is
designed to build capacity and cross-system collaboration to
develop and sustain school-based mental health programs
addressing prevention and early identification strategies. One
of the goals of this project is the training of school staff.
Since 2011 this project has used a train-the-trainer model to
provide educators with tools for the early identification and
prevention of mental health problems. Two thousand trainings
have been conducted, with over 140,000 participants. The
estimated total reach of this project is two million students,
or one third of the state's enrollment.
SAMHSA "Now is the Time" pilot projects. Following the school
shooting at Sandy Hook Elementary in Connecticut in December
2012, President Obama established a grant program to increase
students' access to mental health services. California received
$9.7 million from the "Now is the Time Project Advancing
Wellness and Resilience in Education" (NITT AWARE) grant last
fall. According to the CDE, the grant has two components.
Three local educational agencies (LEAs), Garden Grove Unified
School District, Santa Rosa City Schools, and the San Diego
County Office of Education, were selected to participate in the
first component of the grant. 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. The second component utilizes a training program
called Youth Mental Health First Aid. The training teaches
school staff how to help youth experiencing mental health or
addictions challenges, or are in crisis.
Analysis Prepared by:
Tanya Lieberman / ED. / (916) 319-2087 FN:
0001771
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