Bill Text: CA SB509 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School employee and pupil training: youth mental and behavioral health: mental health education.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2024-01-25 - Veto sustained. [SB509 Detail]
Download: California-2023-SB509-Amended.html
Bill Title: School employee and pupil training: youth mental and behavioral health: mental health education.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2024-01-25 - Veto sustained. [SB509 Detail]
Download: California-2023-SB509-Amended.html
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Amended
IN
Senate
April 20, 2023 |
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Amended
IN
Senate
April 11, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 509
| Introduced by Senator Portantino (Coauthor: Senator Roth) (Coauthors: Assembly Members Jackson, Lackey, Mathis, and Waldron) |
February 14, 2023 |
An act to amend Sections 49428.15 and 51925 of the Education Code, relating to pupil health.
LEGISLATIVE COUNSEL'S DIGEST
SB 509, as amended, Portantino.
School employee and pupil training: youth mental and behavioral health: mental health education.
(1) Existing law, subject to an appropriation, requires the State Department of Education to recommend best practices and identify training programs for use by local educational agencies to address youth behavioral health, on or before January 1, 2023, as provided. Existing law requires the department to ensure that each identified training program, among other requirements, provides instruction on recognizing the signs and symptoms of youth behavioral health disorders, including common psychiatric conditions and substance use disorders, and 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.
This bill would delete the
term “common” from the specific examples from included in the above-described training requirement of youth behavioral health disorders. The bill would require, on or before January July 1, 2027, local educational agencies to certify to the department that 75% of each of its classified and certificated employees, who have direct contact with pupils at school, have received that youth behavioral health training, as specified. The bill would prohibit the training in youth behavioral health to be a condition of employment or hiring. By imposing training certification duties on local educational
agencies, the bill would impose a state-mandated local program.
(2) Existing law requires, if a school district, county office of education, state special school, or charter school offers one or more courses in health education to pupils in middle school or high school, that the course or courses include instruction in mental health that meet certain requirements, including, among others, defining signs and symptoms of common mental health challenges and the ability to identify warning signs of common mental health problems, as specified.
This bill instead would require a school district, county office of education, state special school, or charter school to ensure that all pupils in grades 1 to 12, inclusive, receive evidence-based, age-appropriate mental health education from instructors trained in the appropriate courses at least once in elementary school, at least once in junior high school or
middle school, as applicable, and at least once in high school, as provided. The bill would delete the term “common” from the above-described requirements. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill also would make legislative findings and declarations related to the benefits of mental health education for those pupils.
(3)Under existing law, each school district and county office of education is responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive, in cooperation with certain local entities. Existing law requires that the plan identify appropriate strategies and programs that will provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school
safety. Existing law requires a charter school to annually update its school safety plan that includes certain safety topics and procedures.
This bill would additionally require a county office of education, school district, or charter school that serves pupils in any of grades 7 to 12, inclusive, to annually include in its comprehensive school safety plan or school safety plan, as applicable, the number of school employees that have received the youth behavioral health training described in paragraph (1) above and the percentage of total school employees that received that training. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)
(3) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) Mental health is critical to overall health, well-being, and academic success.
(2) Mental health challenges affect all age groups, races, ethnicities, and socioeconomic classes.
(3) Millions of Californians, including at least one in five youths, live with mental health challenges. Millions more are affected by the mental health challenges of someone else, such as a close friend or family member.
(4) Mental health education is one of the best ways to increase
awareness and the seeking of help, while reducing the stigma associated with mental health challenges. The public education system is the most efficient and effective setting for providing this education to all youth.
(b) For the foregoing reasons, it is the intent of the Legislature in enacting this measure to ensure that all California pupils in grades 1 to 12, inclusive, have the opportunity to benefit from a comprehensive mental health education.
SEC. 2.
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. disorders, including psychiatric conditions and substance abuse 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) Subject to subdivision (e), on or before January July 1, 2027, a local
educational agency shall certify to the department that 75 percent of its classified employees and 75 percent of its certificated employees having direct contact with pupils at each school have received the youth behavioral health training described in subdivision (c) in accordance with all of the following:
(1) Except as provided in paragraph (2), the youth behavioral health training is provided to classified and certificated employees during regularly scheduled work hours.
(2) If a classified or certificated employee receives the youth behavioral health training in a manner other than through an in-service training program provided by the local educational agency, the employee may present a certificate of successful completion of the training to the local educational agency for purposes
of satisfying the requirements of this subdivision.
(3) The youth behavioral health training shall not be a condition of employment or hiring for classified or certificated employees.
(e) A local educational agency shall may exclude a licensed mental health professional who holds a pupil personnel service credential from the youth behavioral health training required by this section.
(f) Notwithstanding paragraph (6) of subdivision (c), a local educational agency may meet the requirements of this section by having a school employee of the local educational agency who holds
a pupil personnel service credential provide the youth behavioral health training to the school employees of the local educational agency, if the training program is identified by the department on a list pursuant to subdivision (c). School employees who provide the youth behavioral health training to other school employees are required to complete any training requirements necessary, as established by the training program identified, to provide training to other school employees.
(g)A local educational agency shall include in its school safety plan, in addition to the
safety topics listed in subparagraphs (A) to (J), inclusive, of paragraph (2) of subdivision (a) of Section 32282, the number of school employees and the total percentage of school employees that annually have received the youth behavioral health training required by this section.
(h)
(g) 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. 3.
Section 51925 of the Education Code is amended to read:51925.
Each school district, county office of education, state special school, and charter school shall ensure that all pupils in grades 1 to 12, inclusive, receive evidence-based, age-appropriate mental health education from instructors trained in the appropriate courses at least once in elementary school, at least once in junior high school or middle school, as applicable, and at least once in high school. This instruction shall include all of the following:(a) Reasonably designed instruction on the overarching themes and core principles of mental health.
(b) Defining signs and symptoms of mental health challenges. Depending on pupil age and
developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder.
(c) Elucidating the evidence-based services and supports that effectively help individuals manage mental health challenges.
(d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable.
(e) The ability to identify warning signs of mental health problems in order to promote
awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following:
(1) How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a pupil personnel services credential, school psychologists, and school social workers, and in the community for themselves or others.
(2) Evidence-based and culturally responsive practices that are proven to help overcome mental health challenges.
(f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical
conditions, chemical dependence, and substance abuse.
(g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges.
(h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance.
