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AB-2022 Pupil mental health services: school notification.(2017-2018)

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Date Published: 06/07/2018 09:00 PM
AB2022:v93#DOCUMENT

Amended  IN  Senate  June 07, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 18, 2018
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 and repeal Section 49428 of to the Education Code, relating to pupil health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2022, as amended, Chu. Pupil health: mental health care. services: school notification.
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, by July 1, 2020, the State Department of Education to submit a report to the Legislature that includes the results of a review by the department of the existing distribution and worker-to-pupil ratios of mental health care workers in elementary and secondary schools, best practices for providing mental health care to pupils, and recommendations for elementary and secondary schools on providing mental health care to pupils.

Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on incomes above $1,000,000. Under the MHSA, funds are distributed to counties for local assistance for designated mental health programs according to a specified county plan. The MHSA permits amendment by the Legislature by a 2/3 vote of each house if the amendment is consistent with, and furthers the intent of, the MHSA.
This bill would require 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 how to initiate access to available pupil mental health services on campus or in the community, or both, as provided. By imposing an additional requirement on schools of school districts and county offices of education and charter schools, the bill would impose a state-mandated local program. The bill would state the intent of the Legislature that moneys from the Mental Health Services Fund be used to fulfill that requirement.
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: NOYES  

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) A school of a school district or county office of education and a charter school shall notify pupils and parents or guardians of pupils no less than twice during the school year how to initiate access to available pupil mental health services on campus or in the community, or both, as follows:
(1) A school shall use at least two of the following methods to notify parents or guardians:
(A) Distributing the information in a letter electronically, in hard copy, or through the postal service.
(B) Including the information in the parent handbook at the beginning of the school year in accordance with Section 48980.
(C) Posting the information on the school’s Internet Web site or social media Internet Web page.
(2) A school shall use at least two of the following methods to notify pupils:
(A) Distributing the information in a document or school publication electronically or in hard copy.
(B) Including the information in pupil orientation materials at the beginning of the school year or in a pupil handbook.
(C) Posting the information on the school’s Internet Web site or social media Internet Web page.
(b) It is the intent of the Legislature that moneys from the Mental Health Services Fund, created by Section 5890 of the Welfare and Institutions Code, be used to fulfill the requirements of this section.

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.
SECTION 1.Section 49428 is added to the Education Code, to read:
49428.

(a)The department shall submit a report to the Legislature, by July 1, 2020, that includes all of the following:

(1)The results of a review by the department of the existing distribution and worker-to-pupil ratios of mental health care workers in elementary and secondary schools throughout the state.

(2)Best practices for providing mental health care to pupils.

(3)Recommendations for elementary and secondary schools on providing mental health care to pupils.

(b)(1)The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2024.