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AB-2366 Pupil health: Trauma, Grief, and Loss Pilot Program.(2019-2020)

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Date Published: 02/18/2020 09:00 PM
AB2366:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2366

Introduced by Assembly Member Chu

February 18, 2020

An act to add and repeal Article 1.5 (commencing with Section 49420) of Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, relating to pupil health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2366, as introduced, Chu. Pupil health: Trauma, Grief, and Loss Pilot Program.
Existing law requires the governing board of a 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 would, subject to moneys being appropriated by the Legislature for the purposes of the bill, establish the Trauma, Grief, and Loss Pilot Program, to be administered by the State Department of Education. The bill would authorize school districts, county offices of education, and charter schools maintaining grades 9 to 12, inclusive, that meet certain criteria to apply to the department for a one-time multiyear pilot program grant award for the 2021–22 to the 2025–26 school year, inclusive. The bill would require a local educational agency that has received a pilot program grant award to, on or before December 31, 2021, either (1) designate at least one trauma, grief, and loss counselor to be generally accessible to pupils in grades 9 to 12, inclusive, at a schoolsite of the local educational agency during school hours or (2) designate an existing employee as a trauma, grief, and loss counselor, or enter into a memorandum of understanding with a county agency or community-based organization for a trauma, grief, and loss counselor employed by the agency or organization, to provide trauma, grief, and loss counseling services to pupils in grades 9 to 12, inclusive. The bill would require a local educational agency participating in the pilot program to annually submit a report to the department within 30 days of the end of each school year of the pilot program that summarizes certain information relating to the pilot program, and would require the department, following the conclusion of the pilot program, to submit to the Legislature and post on its internet website all the information the department receives in the annual reports.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) (1) Adolescence and young adulthood, from 12 to 25 years of age, inclusive, comprise a critical developmental period in a person’s life. The brain is highly malleable; therefore, forming healthy habits of mind and body can have a powerful, lifelong impact on the overall wellness of each person. Recent research demonstrates the particular importance of establishing this foundation during adolescence and young adulthood.
(2) Fifty-seven percent of children in California have experienced trauma.
(3) Childhood trauma, and its lifelong health consequences, are more likely to affect marginalized communities. For example, Black, Latinx, and LGBTQ communities have higher rates of adverse childhood experiences compared to White communities.
(4) For youth in poverty or with non-English-speaking parents, over 80 percent of the youth never receive treatment for their mental health needs.
(b) (1) Schools have been identified as the optimal place to provide mental health services and improve access to mental health services for pupils, especially pupils of color and pupils in historically underserved communities.
(2) Trauma, grief, and loss counseling groups operating in San Francisco high schools significantly reduced post-traumatic stress disorder symptoms among adolescents who participated for one year.
(c) (1) Children and youth mental health services, particularly services related to trauma, grief, and loss, are chronically underfunded and overlooked.
(2) Trauma-informed mental health services in high schools can help adolescents recover from trauma and its resulting effects, but most California schools do not have designated services available to young people experiencing trauma, grief, and loss.

SEC. 2.

 Article 1.5 (commencing with Section 49420) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read:
Article  1.5. Trauma, Grief, and Loss Pilot Program

49420.
 (a) Subject to moneys being appropriated by the Legislature for purposes of this article, the Trauma, Grief, and Loss Pilot Program is hereby established, to be administered by the department.
(b) Eligible local educational agencies may apply to the department to participate in the pilot program. In selecting applicant local educational agencies to which to award pilot program moneys, the department shall give priority to local educational agencies with higher pupil dropout and absenteeism rates, higher percentages of socioeconomically disadvantaged pupils, and higher percentages of pupils exposed to trauma and violence.
(c) The department shall award each local educational agency it selects to participate in the pilot program a one-time multiyear grant award for the 2021–22 to the 2025–26 school year, inclusive.
(d) On or before December 31, 2021, a local educational agency that has received a pilot program grant award shall do either of the following:
(1) Designate at least one trauma, grief, and loss counselor to be generally accessible to pupils in grades 9 to 12, inclusive, at a schoolsite of the local educational agency during school hours.
(2) Designate an existing employee as a trauma, grief, and loss counselor, or enter into a memorandum of understanding with a county agency or community-based organization for a trauma, grief, and loss counselor employed by the agency or organization, to provide trauma, grief, and loss counseling services to pupils in grades 9 to 12, inclusive.
(e) The role of a trauma, grief, and loss counselor shall include, but is not limited to, all of the following:
(1) Identifying, providing intervention to, and providing services to pupils who have experienced trauma, grief, and loss. This includes, but is not limited to, providing individual or small group counseling to pupils and pupil groups to address social-emotional and mental health concerns.
(2) Working with local educational agencies to prevent further trauma, grief, and loss and associated behavioral issues stemming from trauma, grief, and loss.
(3) Facilitating collaboration and coordination between the local educational agency 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.
(4) Promoting positive school climate and culture by collaborating with local educational agency staff to develop best practices for supporting pupil behavioral health needs.
(5) Providing technical assistance and training to local educational agency staff on how to provide trauma, grief, and loss services to pupils.
(6) Collecting data concerning pupils experiencing trauma, grief, and loss that seek out, are referred to, or are provided services by the trauma, grief, and loss counselor.

49420.1.
 (a) A local educational agency participating in the pilot program shall annually submit a report to the department within 30 days of the end of each school year of the pilot program that summarizes all of the following information:
(1) The number of pupils served.
(2) (A) Aggregate demographic information of pupils referred to a trauma, grief, and loss counselor, processed into the pilot program, and served by a trauma, grief, and loss counselor, including, but not limited to, sex, gender, sexual orientation, age, primary spoken language, and ethnicity.
(B) A local educational agency shall only include aggregate demographic information in an annual report if the parent or guardian of a minor pupil, or a pupil 18 years of age or older, provides written authorization for the demographic information of the pupil to be provided in aggregate form to the department and posted on the department’s internet website pursuant to subdivision (b).
(3) The types and hours of services provided.
(4) The roles undertaken by, and the credentials of, the trauma, grief, and loss counselor.
(5) Technical assistance and training provided to local educational agency staff by the trauma, grief, and loss counselor in serving pupils who have experienced trauma, grief, and loss.
(6) Innovative strategies relating to collaboration with pupils, child service providers, local educational agencies, and community organizations regarding prevention, training, and services relating to trauma, grief, and loss.
(7) The identification of further barriers and challenges to serving pupils who have experienced trauma, grief, and loss.
(8) Any additional funding sources that are available to enhance or sustain activities and services as part of the pilot program. If other funding is used to support the pilot program, reporting required pursuant to this subdivision shall, to the extent possible, be consistent with the reporting required in connection with the other funding.
(b) The department shall, within 30 days of receiving the final reports required pursuant to subdivision (a) following the end of the 2025–26 school year, do both of the following:
(1) Submit all the information the department received to the Legislature in compliance with Section 9795 of the Government Code.
(2) Make all the information the department received publicly available on the department’s internet website.
(c) Pursuant to Section 10231.5 of the Government Code, this article is inoperative four years after the date the report to the Legislature is due pursuant to paragraph (1) of subdivision (b), and shall be repealed as of the following January 1.

49420.2.
 For purposes of this article, the following definitions apply:
(a) “Eligible local educational agency” means a school district, county office of education, or charter school maintaining grades 9 to 12, inclusive, that meets both of the following criteria:
(1) The local educational agency has higher pupil dropout and absenteeism rates than the state average, as determined by the department.
(2) The local educational agency has a higher percentage of socioeconomically disadvantaged pupils than the state average, as determined by the department.
(b) “Migrant child” has the same meaning as “currently migratory child,” as defined in Section 54441.
(c) “Socioeconomically disadvantaged pupil” means a pupil who meets at least one of the following conditions:
(1) The pupil is eligible for free or reduced-price meals or has a direct certification for a free or reduced-price meal program.
(2) The pupil is a migrant child, homeless child or youth, or foster youth.
(d) “Trauma, grief, and loss counselor” means a mental health services provider with specific training or experience relevant to working with individuals impacted by trauma, grief, and loss. A trauma, grief, and loss counselor may include, but is not limited to, any of the following:
(1) 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.
(2) An individual who holds a services credential with a specialization in health for a school nurse as described in Section 44267.5.
(3) A professional licensed by the State of California to provide mental health services, including, but not limited to, psychologists, marriage and family therapists, educational psychologists, social workers, child and adolescent psychiatrists, and clinical counselors.
(4) An associate clinical social worker as described in Section 4996.18 of the Business and Professions Code.
(5) A marriage and family therapist associate as described in subdivision (b) of Section 4980.03 of the Business and Professions Code.
(6) A marriage and family therapist trainee as described in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(7) A clinical counselor associate as described in subdivision (f) of Section 4999.12 of the Business and Professions Code.
(8) A clinical counselor trainee as described in subdivision (g) of Section 4999.12 of the Business and Professions Code.