Bill Text: CA AB1479 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupil health: social-emotional, behavioral, and mental health supports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-01-25 - Consideration of Governor's veto stricken from file. [AB1479 Detail]

Download: California-2023-AB1479-Amended.html

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Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1479

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Introduced by Assembly Member Garcia

February 17, 2023

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An act to amend Section 49428.15 of the Education Code, and to amend Section 124260 of the Health and Safety Code, relating to minors. An act to add Article 15 (commencing with Section 49591) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL'S DIGEST

AB 1479, as amended, Garcia. Minors: mental health services. Pupil health: social-emotional, behavioral, and mental health supports.

Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work, including school psychologists and counselors.

This bill would establish the Pupil Social-Emotional, Behavioral, and Mental Health Program, to be administered by the State Department of Education, to provide eligible local educational agencies with an allocation of moneys to provide Model Tier 1 Support, as defined, accessible to pupils and families. Commencing with the 2024–25 school year, the bill would require all schools within a school district or county office of education, and charter schools that meet certain criteria and have a plan approved by the department to provide evidence-based, Tier 1 social-emotional, behavioral, and mental health support accessible to pupils and families, to be eligible for an apportionment of state funds for those purposes, as provided. The bill would condition the implementation of these provisions upon an appropriation by the Legislature.

Existing law, contingent on an appropriation made for these purposes, requires the State Department of Education, on or before January 1, 2023, to recommend best practices and identify training programs for use by local educational agencies to address youth behavioral health, including, but not necessarily limited to, staff and pupil training, as specified. Existing law requires the department to ensure that each identified training program, among other requirements, provides instruction on how school staff can best provide referrals to youth behavioral health services or other support to individuals in the early stages of developing a youth behavioral health disorder.

Existing law authorizes a minor who is 12 years of age or older to consent to outpatient mental health treatment or counseling services, notwithstanding any provision of law to the contrary, if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in those services.

This bill would make technical, nonsubstantive changes to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Children struggling with mental health issues have difficulty learning and attending school consistently, and educators have reported increases in troubling pupil behavior. The trends are alarming:

(1) One-third of California adolescents 12 to 17 years of age experienced serious psychological distress between 2019 and 2021, including a 20-percent increase in adolescent suicides.

(2) Rates of anxiety and depression among California’s children shot up by 70 percent from 2016 to 2020.

(3) A study by the federal Centers for Disease Control and Prevention (CDC) reported that 1 in 3 teen girls seriously considered suicide, up nearly 60 percent from a decade ago.

(4) The COVID-19 pandemic has exacerbated economic and psychological trauma that already existed in communities of color and underresourced communities.

(b) California’s mental health systems have been exhausted, leading to dangerously long wait times for therapy sessions for those who seek them.

(c) California is experiencing a significant workforce shortage among mental health counselors, psychologists, and social workers.

(d) Schools are a hub for mental health support for pupils and their families, especially in underresourced communities that do not have equitable access to mental health services.

(e) A coordinated and holistic model that leverages Tier 1 evidence-based social-emotional, mental, and behavioral health supports for all pupils, including pupils with a history of trauma and who have multiple adverse childhood experiences (ACEs), is essential to creating safe schools where pupils can focus on learning.

(f) Schools are physically safer when pupils feel like they belong and receive the comprehensive support they need.

(g) Research shows that incorporating families in the model of care creates positive childhood experiences (PCEs).

(h) Research also shows that pupils are more likely to seek counseling when services are available in schools.

(i) Culturally responsive school mental health services can reduce the stigma associated with receiving mental health services by making it part of the fabric of the school system.

SEC. 2.

 Article 15 (commencing with Section 49591) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read:

Article  15. The Pupil Social-Emotional, Behavioral, and Mental Health Program

49591.

 For purposes of this article, the following definitions apply:

(a) “Evidence-based” means using research that is available and has been tested for efficacy and effectiveness intended to best fit the population served.

(b) “Evidence-based, Tier 1 social-emotional, behavioral, and mental health supports” include, but are not limited to, all of the following:

(1) Providing support to pupils and families to address social-emotional and mental health concerns.

(2) Workshops and seminars for parents and families to provide social-emotional preventive interventions, including positive parenting tools.

(3) Facilitating collaboration and coordination between school and community-based providers to support pupils and families to obtain access to behavioral and mental health supports in school.

(4) Providing families with referrals to clinical care in order to support pupils’ mental health needs within the community, as needed.

(5) Facilitating behavioral training programs for school staff, including, but not limited to, behavior management strategies, mental health support training, trauma-informed practices, and professional self-care such as Mindfulness-Based Stress Reduction (MBSR), Community Approach to Learning Mindfully (CALM), and Cultivating Awareness and Resilience in Education (CARE).

(c) “Local educational agency” means a county office of education, school district, or charter school.

(d) “Model Tier 1 Support” means a coordinated and holistic approach that leverages evidence-based, Tier 1 social-emotional, behavioral, and mental health supports for all pupils, including pupils with a history of trauma.

(e) “Tier 1” means supports that include, but are not limited to, activities that promote good mental health and help prevent mental health concerns, prevention and early intervention services for pupils that are higher risk for mental health concerns, short term care, positive behaviors and relationships, social-emotional learning, coping skills for stress and anxiety, peer support, success coaching for pupils, short-term crisis intervention and deescalation, screening, and initiating and facilitating referrals to community-based services for more intensive clinical treatment as required.

(f) “Unduplicated percentage” means the unduplicated percentage of enrolled pupils at a school who are classified as one or more of the following:

(1) Eligible for free or reduced-price meals, as defined in Section 42238.01, including through a direct certification match.

(2) Foster youth or tribal foster youth.

(3) Migrant pupils.

(4) English learners.

49591.1.

 (a) The Pupil Social-Emotional, Behavioral, and Mental Health Program is hereby established, to be administered by the department, to provide eligible local educational agencies with an allocation of moneys to provide Model Tier 1 Support accessible to pupils and families.

(b) (1) For the 2024–25 to 2026–27 school years, inclusive, all schools within a local educational agency who meet the eligibility criteria described in subdivision (a) of Section 49591.2 and who have a plan approved by the department to provide Model Tier 1 Support accessible to pupils and families shall be eligible under this section for an allocation of moneys to support the mental health needs of their pupils.

(2) On or before March 15, 2024, the department shall publish a streamlined application form for eligible local educational agencies to submit a plan to provide Model Tier 1 Support to pupils for three consecutive school years consistent with this section.

(3) Applications for the 2024–25 to 2026−27 school years, inclusive, shall be due by April 15, 2024, and shall be approved, denied, or returned with a request for information by on or before May 15, 2024.

(c) Beginning with the 2027–28 school year, and for each school year thereafter, the department shall establish dates for publication, submission, and determination of applications from local educational agencies to provide Model Tier 1 Support in order to ensure that the department approves or denies applications on or before December 31 of the preceding calendar year.

49591.2.

 All of the following apply to the delivery of Model Tier 1 Support pursuant to this article:

(a) Eligibility shall be contingent on local educational agency needs, as determined by official reporting of an unduplicated percentage of 55 percent or higher.

(b) They may be delivered by employees of a school with an approved plan or by community-based organizations with experienced paraprofessionals. Paraprofessionals shall be required to furnish to the local educational agency a full set of fingerprints and pass a criminal record background check before such delivery.

(c) Local educational agencies with approved plans are encouraged to contract with community-based organizations for delivery of supports to families at schoolsites.

49591.3.

 The implementation of this article is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for these purposes.

SEC. 3.

 The Legislature finds and declares that this act is consistent with, and furthers the intent of, the Children and Youth Behavioral Health Initiative Act (Chapter 2 (commencing with Section 5961) of Part 7 of Division 5 of the Welfare and Institutions Code).

SECTION 1.Section 49428.15 of the Education Code is amended to read:

49428.15.

(a)For purposes of this section, the following definitions apply:

(1)“Evidence-based” means peer-reviewed, scientific research evidence, including studies based on research methodologies that control threats to both the internal and the external validity of the research findings.

(2)“Evidence-informed” means using research that is already available and has been tested for efficacy and effectiveness. This evidence is then combined with the experiences and expertise of the training program developers to best fit the population intended to be served.

(3)“Local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive.

(4)“Youth behavioral health disorders” means pupil mental health and substance use disorders.

(5)“Youth behavioral health training” means training addressing the signs and symptoms of a pupil mental health or substance use disorder.

(b)The department shall, on or before January 1, 2023, recommend best practices and identify evidence-based and evidence-informed training programs for schools to address youth behavioral health, including, but not necessarily limited to, staff and pupil training.

(c)In identifying one or more evidence-based or evidence-informed youth behavioral health training programs for use by local educational agencies to train school staff or pupils pursuant to subdivision (b), the department shall ensure that each training program meets all of the following requirements:

(1)Provides instruction on recognizing the signs and symptoms of youth behavioral health disorders, including common psychiatric conditions and substance use disorders such as opioid and alcohol abuse.

(2)Provides instruction on how school staff can best provide referrals to youth behavioral health services or other support to individuals in the early stages of developing a youth behavioral health disorder.

(3)Provides instruction on how to maintain pupil privacy and confidentiality in a manner consistent with federal and state privacy laws.

(4)Provides instruction on the safe deescalation of crisis situations involving individuals with a youth behavioral health disorder.

(5)Is capable of assessing trainee knowledge before and after training is provided in order to measure training outcomes.

(6)Is administered by a nationally recognized training authority in youth behavioral health disorders or by a local educational agency.

(7)(A)Includes in-person and virtual training with certified instructors who can recommend resources available in the community for individuals with a youth behavioral health disorder.

(B)For purposes of this paragraph, “certified instructors” means individuals who obtain or have obtained a certification to provide the selected youth behavioral health training.

(d)This section shall be implemented only to the extent that an appropriation is made in the annual Budget Act or another statute for these purposes.

SEC. 2.Section 124260 of the Health and Safety Code is amended to read:

124260.

(a)As used in this section:

(1)“Mental health treatment or counseling services” means the provision of outpatient mental health treatment or counseling by a professional person, as defined in paragraph (2).

(2)“Professional person” means any of the following:

(A)A person designated as a mental health professional in Sections 622 to 626, inclusive, of Title 9 of the California Code of Regulations.

(B)A marriage and family therapist, as defined in Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.

(C)A licensed educational psychologist, as defined in Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code.

(D)A credentialed school psychologist, as described in Section 49424 of the Education Code.

(E)A clinical psychologist licensed under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.

(F)Any of the following persons, while working under the supervision of a licensed professional specified in Section 2902 of the Business and Professions Code:

(i)A registered psychologist, as defined in Section 2909.5 of the Business and Professions Code.

(ii)A registered psychological assistant, as defined in Section 2913 of the Business and Professions Code.

(iii)A psychology trainee, as defined in Section 1387 of Title 16 of the California Code of Regulations.

(G)A licensed clinical social worker, as defined in Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code.

(H)An associate clinical social worker, or a social work intern, as defined in Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, while working under the supervision of a licensed professional specified in Section 4996.20 of the Business and Professions Code.

(I)A person registered as an associate marriage and family therapist or a marriage and family therapist trainee, as defined in Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, while working under the supervision of a licensed professional specified in subdivision (g) of Section 4980.03 of the Business and Professions Code.

(J)A board certified, or board eligible, psychiatrist.

(K)A licensed professional clinical counselor, as defined in Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.

(L)A person registered as an associate professional clinical counselor or a clinical counselor trainee, as defined in Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, while working under the supervision of a licensed professional specified in subdivision (h) of Section 4999.12 of the Business and Professions Code.

(b)(1)Notwithstanding any provision of law to the contrary, a minor who is 12 years of age or older may consent to mental health treatment or counseling services if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in the mental health treatment or counseling services.

(2)A marriage and family therapist trainee, a clinical counselor trainee, a psychology trainee, or a social work intern, as specified in paragraph (2) of subdivision (a), shall notify their supervisor or, if the supervisor is unavailable, an on-call supervisor at the site where the trainee or intern volunteers or is employed within 24 hours of treating or counseling a minor pursuant to paragraph (1). If upon the initial assessment of the minor the trainee or intern believes that the minor is a danger to self or to others, the trainee or intern shall notify the supervisor or, if the supervisor is unavailable, the on-call supervisor immediately after the treatment or counseling session.

(3)Nothing in paragraph (2) is intended to supplant, alter, expand, or remove any other reporting responsibilities required of trainees or interns under law.

(c)Notwithstanding any provision of law to the contrary, the mental health treatment or counseling of a minor authorized by this section shall include involvement of the minor’s parent or guardian, unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate. The professional person who is treating or counseling the minor shall state in the client record whether and when the person attempted to contact the minor’s parent or guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why, in the professional person’s opinion, it would be inappropriate to contact the minor’s parent or guardian.

(d)The minor’s parent or guardian is not liable for payment for mental health treatment or counseling services provided pursuant to this section unless the parent or guardian participates in the mental health treatment or counseling, and then only for services rendered with the participation of the parent or guardian.

(e)This section does not authorize a minor to receive convulsive treatment or psychosurgery, as defined in subdivisions (f) and (g) of Section 5325 of the Welfare and Institutions Code, or psychotropic drugs without the consent of the minor’s parent or guardian.