BILL NUMBER: AB 580 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2015
AMENDED IN ASSEMBLY MAY 6, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member O'Donnell
FEBRUARY 24, 2015
An act to add Chapter 3.3 (commencing with Section 44700)
to Part 25 of Division 3 of Title 2 of Section
33319.6 to the Education Code, relating to school
employees. pupil health.
LEGISLATIVE COUNSEL'S DIGEST
AB 580, as amended, O'Donnell. School employees:
in-service training: early identification of pupil mental health
issues. Pupil mental health: early identification and
referral: model referral protocol.
Existing law provides that school districts and county offices of
education are responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools, and encourages school safety plans to include clear
guidelines for the roles and responsibilities of certain parties with
school-related health and safety responsibilities, as specified.
This bill would require the State Department of Education and a
county office of education designated by the department to jointly
develop a model referral protocol, as provided, for addressing pupil
mental health concerns. The bill would require the department and
designated county office of education to consult with county offices
of education and school districts that participated as regional
leaders in a statewide pupil mental health initiative supported by
the California Mental Health Services Authority, to be selected
jointly by the department and designated county office of education.
The bill would also state various findings and declarations of the
Legislature relating to pupil mental health.
Existing law establishes a system of public elementary and
secondary schools in this state. Existing law provides for the
establishment of local educational agencies to operate public
elementary and secondary schools and provide instruction to pupils.
Existing law requires local educational agencies to actively and
systematically seek out all individuals with exceptional needs, from
birth to 21 years of age, inclusive, who reside in a school district
or are under the jurisdiction of a special education local plan area
or a county office of education.
This bill would state the Legislature's findings and declarations
regarding pupil mental health issues. The bill would require school
districts, county offices of education, and charter schools to
provide in-service training every school year to certified employees
that provide instruction to pupils in kindergarten or any of grades 1
to 12, inclusive, and to classified staff who have regular personal
contact with pupils, on the early identification of pupil mental
health issues, as specified. The bill would authorize those entities
to provide the required training in an online format outside of a
regularly scheduled staff meeting. The bill would provide that the
Legislature encourages these entities to provide the required
training as part of a larger initiative aimed at improving mental
health outcomes for pupils, and to use existing funds from other
state and federal sources, as appropriate, to provide the required
training. By imposing additional duties on local educational
agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all
of the following:
(1) Research points to a strong connection between mental wellness
and academic achievement.
(2) Research demonstrates that early detection and treatment of
mental illness improves attendance, behavior, and academic
achievement.
(3) It is estimated that 20 percent of children have mental health
issues, 80 percent of whom are estimated to be undiagnosed and
untreated. The lack of attention to a child's mental health has
significant effects on his or her school achievement and life
outcomes.
(4) Mental health challenges disproportionately impact pupils who
face stressors such as violence, trauma, and poverty.
(5) California's educators report their lack of preparedness in
addressing pupil mental health challenges as a major barrier to
instruction. Most educators and staff lack training to identify
pupils who may be in need of support and to make referrals, as
appropriate, to help pupils overcome and manage mental health issues
and succeed in school.
(6) Several initiatives are underway to improve the early
identification and referral of pupils for help with mental health
challenges. These include the California County Superintendents
Educational Services Association's K-12 Student Mental Health
Initiative, funded by the California Mental Health Services
Authority; the federally funded Now is the Time Advancing Wellness
and Resilience in Education (AWARE) State Educational Agency grant
program administered by the State Department of Education; Training
Educators through Recognition and Identification Strategies (TETRIS);
the Eliminating Barriers to Learning (EBL) project administered by
the State Department of Education and funded by the California Mental
Health Services Authority; and the Student Mental Health Policy
Workgroup established by the Superintendent of Public Instruction and
the California Mental Health Services Authority.
(7) In spite of these efforts, no model referral protocol exists
to guide schools and local educational agencies in appropriate and
timely intervention for pupil mental health concerns.
(b) It is therefore the intent of the Legislature to direct the
development of a model, evidence-based referral protocol for
addressing pupil mental health concerns that may be voluntarily used
by schoolsites, school districts, county offices of education,
charter schools, and teacher and administrator preparation programs.
SEC. 2. Section 33319.6 is added to the
Education Code , to read:
33319.6. (a) For purposes of this section, the following terms
have the following meanings:
(1) "Designated county office of education" means a county office
of education selected by the department that has experience in
administering a statewide pupil mental health initiative supported by
the California Mental Health Services Authority.
(2) "Participating local educational agency" means a county office
of education or school district selected jointly by the department
and designated county office of education that has participated as a
regional leader in a statewide pupil mental health initiative
supported by the California Mental Health Services Authority. The
department and designated county office of education shall ensure
that participating local educational agencies selected for purposes
of this section reflect the geographic and socioeconomic diversity of
the state.
(b) The department and designated county office of education shall
jointly, in consultation with participating local educational
agencies, current classroom teachers, and current schoolsite
classified staff, develop a model referral protocol for addressing
pupil mental health concerns. The protocol may be used, on a
voluntary basis, by schoolsites, school districts, county offices of
education, charter schools, and by teacher and administrator
preparation programs operated by institutions of higher education.
The protocol shall do all of the following:
(1) Address the referral by school staff of pupils with mental
health concerns. The protocol may, at the discretion of the
department and designated county office of education, include the
continuum: from prevention, to identification, to referral for
services.
(2) Reflect a multitiered system of support processes.
(3) Be adaptable to varied local service arrangements for mental
health services.
(4) Reflect evidence-based and culturally appropriate approaches
to pupil mental health referral.
(5) Address the inclusion of parents and guardians in the referral
process.
(6) Be written to ensure clarity and ease of use by certificated
and classified school employees.
(7) Reflect differentiated referral processes for pupils with
disabilities and other populations for whom the referral process may
be distinct.
(8) Be consistent with state activities conducted by the
department in the administration of federally funded mental health
programs.
(c) The designated county office of education acting jointly with
the department shall be selected by the department and shall have
experience in administering a statewide pupil mental health
initiative supported by the California Mental Health Services
Authority.
(d) The department and designated county office of education are
encouraged to consult with the California Mental Health Services
Authority, representatives of county mental health programs, and the
Student Mental Health Policy Workgroup in the development of this
protocol.
(e) The department shall post the model referral protocol on its
Internet Web site so that it may be accessed and used by local
educational agencies and charter schools.
(f) This section is contingent upon funds being appropriated for
its purpose to either the department or the designated county office
of education in the annual Budget Act or other legislation, or other
state, federal, or private funds being allocated for this purpose.
(g) The model referral protocol shall be completed and made
available within one year of the date funds are received to implement
this section.
SECTION 1. Chapter 3.3 (commencing with Section
44700) is added to Part 25 of Division 3 of Title 2 of the Education
Code, to read:
CHAPTER 3.3. IN-SERVICE TRAINING: EARLY IDENTIFICATION OF
PUPIL MENTAL HEALTH ISSUES
44700. (a) The Legislature finds and declares all of the
following:
(1) In 2012, the Superintendent convened the Student Mental Health
Policy Workgroup, a collaboration between the department 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
pupils. The Student Mental Health Policy 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.
(2) The Student Mental Health Policy Workgroup has issued a
recommendation calling for increased training of school personnel, in
order to promote earlier identification and intervention to meet the
needs of California's pupils.
(3) The Student Mental Health Policy Workgroup has found the
following:
(A) Research points to a strong connection between mental wellness
and academic achievement.
(B) Research demonstrates that early detection and treatment of
mental illness improves attendance, behavior, and academic
achievement.
(C) The percentage of children with mental health issues is
estimated at 20 percent, with 80 percent of those undiagnosed and
untreated. The lack of attention to their mental health has
significant effects on school achievement and life outcomes.
(D) Mental health challenges disproportionately impact pupils who
face stressors such as violence, trauma, and poverty.
(E) Mental health training for educators and other adults working
with pupils can help identify mental health issues early, allowing
pupils the opportunity to grow and thrive by receiving the support
they need to overcome barriers to their education.
(F) California's educators report their lack of preparedness in
addressing pupil mental health challenges as a major barrier to
instruction. Most educators and staff lack training to identify
pupils who may be in need of support, make referrals, and, as
appropriate, to help pupils overcome or manage mental health barriers
and succeed in school.
(G) Statewide action is needed to expand training throughout
California so that all school staff can help address the significant
mental health needs of pupils.
(H) While some parts of the state have benefited from mental
health training on a small scale, limited budgets have restricted the
reach of training that is critically needed in all districts.
(I) Federal grant funds are now available for pilot programs in
school districts and county offices of education to help disseminate
mental health training throughout the state.
(J) The department has been authorized to administer the federal
"Now is the Time" AWARE (Advancing Wellness and Resilience in
Education) State Agency Program grant.
(K) This program will build and expand statewide awareness of
mental health issues among pupils by supporting training for school
personnel and other adults who interact with pupils to identify
possible mental health issues and connect pupils to appropriate
services.
(b) It is therefore the intent of the Legislature that California
educators become knowledgeable about early identification of pupil
mental health issues, including protocols for pupil referral for
additional support.
44701. (a) (1) Within the first six weeks of every school year,
as part of a regularly scheduled staff meeting or meetings, each
school district, county office of education, and charter school shall
provide in-service training to certificated employees that provide
instruction to pupils in kindergarten or any of grades 1 to 12,
inclusive, and to classified staff who have regular personal contact
with pupils, on the early identification of pupil mental health
issues, including referral protocols. For classified staff, the
training may occur at a time other than a staff meeting, but in all
cases shall occur during regular work hours.
(2) The training required pursuant to paragraph (1) may instead be
provided in an online format outside of a regularly scheduled staff
meeting.
(b) The Legislature encourages school districts, county offices of
education, and charter schools to provide the training described in
subdivision (a) as part of a larger initiative aimed at improving
mental health outcomes for pupils.
(c) The Legislature encourages the use of existing funds from
other state and federal sources, as appropriate, to meet the
requirement of subdivision (a).
44702. Nothing in this chapter shall be construed as doing either
of the following:
(a) Requiring school personnel to identify, assess, diagnose, or
treat pupil mental health issues.
(b) Authorizing or encouraging school personnel to act outside of
the authority granted by their credential or license.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.