CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2798

Introduced by Assembly Member Maienschein

February 20, 2020

An act to add Chapter 3.3 (commencing with Section 44700) to Part 25 of Division 3 of Title 2 of the Education Code, relating to pupil health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2798, as introduced, Maienschein. Pupil mental health issues: early identification: in-service training.
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. Existing law requires a school of a school district or county office of education and a charter school to notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, or both, as provided.
This bill would require each school district, county office of education, and charter school to provide in-service training to certificated employees and classified staff on the early identification of pupil mental health issues, as provided. By imposing additional duties on school districts, county offices of education, and charter schools, 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The mental health needs of thousands of pupils go unnoticed. These are the pupils who suffer in silence, often dropping out of school and falling victim to addiction, homelessness, suicide, or other tragic outcomes due to unaddressed mental health issues.
(b) In 2012, then-Superintendent of Public Instruction, Tom Torlakson, convened the Student Mental Health Policy Workgroup to develop policy recommendations that promote early identification, referral, coordination, and access to quality mental health services for pupils.
(c) While some of the state’s vulnerable youth are in specialized programs, most of the pupils with mental health challenges are in regular classrooms. In both situations, many of the educators and staff for these programs lack training to identify pupils in need, make referrals, and, as appropriate, to help pupils overcome or manage the mental health barriers they face every day of their lives. Adding to the problem, educators and staff may become stressed and overwhelmed by the mental health challenges of pupils.
(d) Statewide action is needed to expand training throughout California so that all school administrators and staff can become “gatekeepers” and “first responders” who help address the significant pupil mental health needs in all regions. School-based, family-oriented services should be emphasized in order to reduce stigma and increase follow through with referrals to improve pupil mental health.
(e) 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 school districts. 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.

SEC. 2.

 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) (1) Within the first six weeks of each 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 who provide instruction to pupils in kindergarten or any of grades 1 to 12, inclusive, on the early identification of pupil mental health issues.
(2) Within the first six weeks of each school year, each school district, county office of education, and charter school shall provide during regular work hours in-service training to classified staff who have regular personal contact with pupils in kindergarten or any of grades 1 to 12, inclusive, on the early identification of pupil mental health issues.
(3) The in-service training described in paragraphs (1) and (2) shall include training on protocols for referring pupils to appropriate mental health services.
(4) A school district, county office of education, or charter school may provide the training described in this subdivision in an online format outside of a staff meeting. Training provided pursuant to this paragraph shall be provided during regular work hours.
(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 school districts, county offices of education, and charter schools to use existing funds from state and federal sources, as appropriate, to provide the training described in subdivision (a).

44701.
 This chapter shall not be construed as doing either of the following:
(a) Requiring school personnel to 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. 3.

  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.