Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-2022 Pupil health: mental health professionals.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/16/2018 09:00 PM
AB2022:v96#DOCUMENT

Amended  IN  Assembly  April 16, 2018
Amended  IN  Assembly  April 02, 2018
Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2022


Introduced by Assembly Member Chu

February 05, 2018


An act to add Section 49428 to the Education Code, relating to pupil health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2022, as amended, Chu. Pupil health: on-campus mental health professionals.
Existing law requires the governing board of any 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.
This bill would require, on or before December 31, 2021, a school of a school district or county office of education and a charter school to have at least one mental health professional, as provided, professional for every 600 pupils generally accessible to pupils on campus during school hours. The bill would require, on or before December 31, 2021, a school of a school district or county office of education and a charter school with fewer than 600 pupils to have at least one mental health professional generally accessible to pupils on campus during school hours, to employ at least one mental health professional to serve multiple schools, or to enter into a memorandum of understanding with a county agency or community-based organization for at least one mental health professional employed by the agency or organization to provide services to pupils. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program. The bill would also specify possible sources of funding to comply with its requirements.
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.

 Section 49428 is added to the Education Code, to read:

49428.
 (a) On or before December 31, 2021, a school of a school district or county office of education and a charter school shall have at least one mental health professional for every 600 pupils generally accessible to pupils on campus during school hours. On or before December 31, 2021, a school of a school district or county office of education and a charter school with fewer than 600 pupils shall have do one of the following:
(1) Have at least one mental health professional generally accessible to pupils on campus during school hours.
(2) Employ at least one mental health professional to provide services to pupils at multiple schools.
(3) Enter into a memorandum of understanding with a county agency or community-based organization for at least one mental health professional employed by the agency or organization to provide services to pupils.
(b) The role of an on-campus a mental health professional required pursuant to this section shall include, but is not limited to, all of the following:
(1) Providing individual and small group counseling supports to individual pupils as well as pupil groups to address social-emotional and mental health concerns.
(2) Facilitating collaboration and coordination between school and community providers to support pupils and their families by assisting families in identifying and accessing additional mental health services within the community as needed.
(3) Promoting school climate and culture through evidence-informed strategies and programs by collaborating with school staff to develop best practices for behavioral health management and classroom climate.
(4) Providing professional development to staff in diverse areas, including, but not limited to, behavior management strategies, mental health support training, trauma-informed practices, and professional self-care.
(c) An on-campus A mental health professional required pursuant to this section who does not hold a services credential with a specialization in pupil personnel services as described in Section 44266 or a services credential with a specialization in health for a school nurse as described in Section 44267.5 shall work with pupils only under the indirect supervision of an individual who holds a services credential with a specialization in pupil personnel services as described in Section 44266 or with a specialization in administrative services as described in Section 44270.2.
(d) A school may employ community mental health workers, cultural brokers, or peer providers to supplement the services provided by mental health professionals if they have a current certificate of clearance from the Commission on Teacher Credentialing and are supervised in their school-based activities by an individual who holds a services credential with a specialization in pupil personnel services as described in Section 44266 or with a specialization in administrative services as described in Section 44270.2.

(d)

(e) Funding to comply with this section may be derived from, but is not limited to, any of the following sources, if applicable:
(1) Student Support and Academic Enrichment grants created by the federal Every Student Succeeds Act (Public Law 114-95).
(2) Funds generated by the Control, Regulate and Tax Adult Use of Marijuana Act, as approved by the voters at the November 8, 2016, statewide general election as Proposition 64.
(3) The School-Based Medi-Cal Administrative Activities program.
(4) Local Educational Agency Medi-Cal Billing Option Program reimbursement for school services delivered to pupils eligible for Medi-Cal benefits.
(5) Early and Periodic Screening, Diagnosis, and Treatment Program funds for children who are eligible for Medi-Cal benefits.
(6) Prevention and early intervention funds under the Mental Health Services Act, as approved by the voters at the November 2, 2004, statewide general election as Proposition 63.
(f) (1) This section does not alter the scope of practice for any mental health professional in a manner that is not authorized pursuant to existing law.
(2) This section does not authorize the delivery of mental health services in a setting or in a manner that is not authorized pursuant to existing law.

(e)

(g) For purposes of this section, the following terms have the following meanings:
(1) “Community mental health workers” or “cultural brokers,” known as “promotores de salud” in Spanish, means frontline public health workers with behavioral health training who work for pay or as volunteers in association with the local health care systems and usually share ethnicity, language, socioeconomic status, or life experiences with the pupils they serve. Community mental health workers sometimes offer interpretation and translation services and culturally appropriate health education and information, assist pupils and family members in receiving the care they need, and give, to the extent permitted by law, informal counseling and guidance.
(2) “Mental health professionals” includes state-licensed or state-certified school psychologists, state-licensed or state-certified school social workers, state-licensed or state-certified school counselors, peer providers, marriage and family therapists, licensed professional clinical counselors, and community mental health workers or cultural brokers. any of the following:
(A) An individual who holds a services credential with a specialization in pupil personnel services as described in Section 44266 that authorizes the individual to perform school counseling, school psychology, or school social work.
(B) An individual who holds a services credential with a specialization in health for a school nurse as described in Section 44267.5.
(C) A professional licensed by the State of California to provide mental health services, including, but not limited to, psychologists, marriage and family therapists, and clinical counselors.
(3) “Peer provider” means a person who draws on lived experience with mental illness or a substance use disorder and recovery, bolstered by specialized training, to deliver valuable support services in a mental health setting. Peer providers may include people who have lived experience as clients, family members, or caretakers of individuals living with mental illness. Peer providers offer culturally competent services that promote engagement, socialization, recovery, self-sufficiency, self-advocacy, development of natural supports, identification of strengths, and maintenance of skills learned in other support services. Services provided by peer providers include, but are not limited to, support, coaching, facilitation, or education that is individualized to the pupil.

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.