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

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Date Published: 09/02/2022 09:00 PM
SB1302:v94#DOCUMENT

Enrolled  September 02, 2022
Passed  IN  Senate  August 30, 2022
Passed  IN  Assembly  August 30, 2022
Amended  IN  Assembly  August 22, 2022
Amended  IN  Assembly  August 15, 2022
Amended  IN  Assembly  June 30, 2022
Amended  IN  Senate  May 19, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1302


Introduced by Senator Portantino
(Coauthors: Senators Archuleta and Umberg)

February 18, 2022


An act to add Article 4.7 (commencing with Section 49469) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, relating to pupil health, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1302, Portantino. Pupil health: school-based health centers: grant program: Mental Health Services Act: Mental Health Services Fund.
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 this purpose. Existing law requires a school of a school district or a 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, as provided. Existing law requires the State Department of Public Health, in cooperation with the State Department of Education, to establish a Public School Health Center Support Program to assist school health centers, which are defined as centers or programs, located at or near local educational agencies, that provide age-appropriate health care services at the program site or through referrals, as specified.
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 Mental Health Services Fund, a continuously appropriated fund, to fund various county mental health programs, including children’s mental health care, adult and older adult mental health care, prevention and early intervention programs, and innovative programs.
Existing law authorizes the MHSA to be amended by a 2/3 vote of the Legislature if the amendments are consistent with, and further the purposes of, the MHSA.
This bill would amend the MHSA by appropriating $250,000,000 from the Mental Health Services Fund, after all existing MHSA programs have been funded, to the State Controller to distribute to the Superintendent of Public Instruction to provide annual grants of up to $250,000 each to certain local educational agencies serving high school pupils 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, as provided. The bill would also define school-based health centers as centers or programs, located at or near local educational agencies, that provide age-appropriate health care services at the program site or through referrals. The bill would require grant funds to be used for activities that will help pupils to be healthy in body, mind, and spirit in order to learn successfully, and would authorize grant funds to be used for personnel to support pupil mental health, as provided. The bill would only authorize school-based health centers to use grant funds to develop new, or expand the scope of existing, programs. The bill would require the State Department of Education to identify criteria for the evaluation of applicants and the awarding of grants, require a grant applicant to certify that it has consulted with the local county mental health department in grant program planning and service delivery, and authorize the department to give preference to applicants whose grant application demonstrates greater program collaboration with the county. The bill would state the finding and declaration of the Legislature that these changes are consistent with, and further the intent of, the MHSA.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


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.