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SB-428 Pupil health: school employee training: youth mental and behavioral health.(2019-2020)

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Date Published: 09/11/2019 09:00 PM
SB428:v94#DOCUMENT

Enrolled  September 11, 2019
Passed  IN  Senate  September 06, 2019
Passed  IN  Assembly  September 05, 2019
Amended  IN  Assembly  July 05, 2019
Amended  IN  Assembly  June 26, 2019
Amended  IN  Senate  May 17, 2019
Amended  IN  Senate  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 428

Introduced by Senators Pan and Portantino
(Coauthors: Senators Beall, Rubio, and Wiener)
(Coauthors: Assembly Members Arambula, Eggman, and Nazarian)

February 21, 2019

An act to add Section 49428.5 to the Education Code, relating to pupil health.


LEGISLATIVE COUNSEL'S DIGEST


SB 428, Pan. Pupil health: school employee training: youth mental and behavioral health.
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. 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, contingent on an appropriation made for these purposes, would require the State Department of Education to identify an evidence-based training program for a local educational agency to use to train classified and certificated school employees having direct contact with pupils on youth mental and behavioral health, as specified. The bill would define a local educational agency for purposes of these provisions to mean a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive. The bill would require a local educational agency, on or before January 1, 2023, to certify to the department that at least 10% of its classified employees and at least 10% of its certificated employees having direct contact with pupils at each schoolsite, or at least 2 classified employees and at least 2 certificated employees having direct contact with pupils at each schoolsite, whichever is greater, have received the youth mental and behavioral health training identified by the department. To the extent this bill, if implemented, would impose additional duties on local educational agencies, 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.

 Section 49428.5 is added to the Education Code, to read:

49428.5.
 (a) The department shall identify an evidence-based training program for a local educational agency to use to train classified and certificated school employees having direct contact with pupils in youth mental and behavioral health.
(b) In identifying an evidence-based training program pursuant to subdivision (a), the department shall ensure that the training program meets all of the following requirements:
(1) Is a peer-reviewed evidence-based training program.
(2) Provides instruction on recognizing the signs and symptoms of mental illness and substance use disorders, including common psychiatric conditions such as schizophrenia, bipolar disorder, major clinical depression, and anxiety disorders, and common substance use disorders such as opioid and alcohol abuse.
(3) Provides instruction on how school staff can best provide referrals to mental health services, substance use disorder services, or other support to individuals in the early stages of developing a mental illness or substance use disorder.
(4) Provides instruction on how to maintain pupil privacy and confidentiality in a manner consistent with federal and state privacy laws.
(5) Ensures the safe deescalation of crisis situations involving individuals with a mental illness.
(6) Is capable of assessing trainee knowledge before and after training is provided in order to measure training outcomes.
(7) Is administered by a nationally recognized nonprofit training authority in mental illness and substance use disorders.
(8) (A) Includes in-person training with certified instructors who can recommend resources available in the community for individuals with a mental illness or substance use disorder.
(B) For purposes of this paragraph, “certified instructors” means individuals who obtain or have obtained a certification to provide the selected training in mental illness and substance use disorders by a nationally recognized authority in behavioral health training programs.
(c) On or before January 1, 2023, a local educational agency shall certify to the department that at least 10 percent of its classified employees and at least 10 percent of its certificated employees having direct contact with pupils at each schoolsite, or at least two classified and at least two certificated employees having direct contact with pupils at each schoolsite, whichever is greater, have received the youth mental and behavioral health training identified pursuant to subdivision (a).
(d) (1) A local educational agency shall provide the youth mental and behavioral health training identified pursuant to subdivision (a) to certificated and classified employees during regularly scheduled work hours.
(2) If a certificated or classified employee receives the youth mental and 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 subdivision (c).
(3) Training in youth mental and behavioral health shall not be a condition of employment or hiring for classified or certificated employees.
(e) For purposes of this section, “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.
(f) This section shall be implemented only to the extent an appropriation is made in the annual Budget Act or another statute for these purposes.

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.