Today's Law As Amended


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SB-1302 Pupil health: school-based health centers: grant program: Mental Health Services Act: Mental Health Services Fund.(2021-2022)



As Amends the Law Today


SECTION 1.

 Article 4.7 (commencing with Section 49469) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read:

Article  4.7. School-Based Health Centers
49469.
 (a) For purposes of this section, “school-based health centers” has the same meaning as “school health centers,” as defined in Section 124174 of the Health and Safety Code.
(b) The sum of two hundred fifty million dollars ($250,000,000) of the surplus funds available as of January 1, 2023, in the Mental Health Services Fund, after all programs have been funded pursuant to Section 5892 of the Welfare and Institutions Code, shall be allocated to the State Controller. Upon completion of this allocation, the Controller shall distribute the funds to the Superintendent to provide grants for school-based health centers pursuant to this section.
(c) (1) The department shall award annual school-based health center grants of up to two hundred fifty thousand dollars ($250,000), from the funds appropriated pursuant to subdivision (b), to eligible entities to establish or improve school-based health centers that provide mental health services provided or supervised by an appropriately licensed or credentialed mental health professional that may include assessments, crisis intervention, counseling, treatment, and referral to a continuum of services, including emergency psychiatric care, community support programs, inpatient care, and outpatient programs. School-based health centers providing mental health services as specified in this section shall consult with the local county mental health department for collaboration in planning and service delivery.
(2) The department shall identify criteria for the evaluation of applicants and the awarding of grants. Before awarding a grant to an applicant, the department shall require the applicant to certify that it has consulted with the local county mental health department in program planning and service delivery, as required by this subdivision. The department may give preference to applicants whose grant application demonstrates greater program collaboration with the county.
(d) Applicants for a school-based health center grant may include any of the following eligible entities that meet the criteria established pursuant to paragraph (2) of subdivision (c):
(1) A high school, including a charter school serving high school pupils.
(2) A school district serving high school pupils.
(3) A consortia composed of any of the entities described in paragraphs (1) and (2).
(e) (1) A school-based health center grant shall be used for mental health activities that will help pupils to be healthy in body, mind, and spirit in order to learn successfully. A school-based health center may provide care that includes any of the following:
(A) Mental health and substance abuse counseling.
(B) Parent support and linkages.
(C) Pupil success team support.
(D) Community referrals.
(2) A school-based health center grant may also be used for wellness coordinators, nurses, community health outreach workers, counselors, mental health therapists, and wellness therapy workers and interns who advance pupil mental health and wellness on campus.
(f) It is the intent of the Legislature that the following conditions are to apply to employment opportunities created as a result of the receipt of a school-based health center grant:
(1) Entities that receive school-based health center grants use employees to staff and implement mental health strategies proposed to be funded pursuant to this article.
(2) Entities that receive school-based health center grants offer positions created as a result of this article to current employees or new hires.
(3) Job openings are appropriately advertised with detailed and complete job descriptions.
(4) The salary and benefit packages for job openings are equal to or greater than those of current employees of the entity receiving the school-based health center grant.
(5) New positions have competitive salaries that are substantially equal to those in the private sector for comparable positions or the prevailing wage for the applicable geographic region.
(6) All new hires are covered by collective bargaining.
(7) In the event that a posted position with salary and benefits remains unfilled for four months as a result of an insufficient number of qualified candidates, an entity that receives a school-based health center grant may hire third parties in a temporary capacity to meet the current mental health service needs of pupils.
(8) Unfilled employee positions remain posted until a qualified candidate becomes available. Entities that receive school-based health center grants are to make every effort to fill such positions with a qualified candidate.
(9) Contracts for third-party employment to meet pupil mental health needs, if applicable and related to the receipt of a school-based health center grant, are only to be executed for the balance of that school year and one additional year. Subsequent contracts are to be eligible for extensions until such time as new positions are filled with full-time employees.
(g) School-based health centers may only use the grant funds described in this section to develop new programs or expand the scope of existing programs.
SEC. 2.
 The Legislature finds and declares that this act is consistent with, and furthers the intent of, the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.