§ 49428.1. — 49428.1. (Amended by Stats. 2024, Ch. 38, Sec. 56.)

California § 49428.1.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 4.
• Title 2.: DIVISION 4. INSTRUCTION AND SERVICES
• Part 27.: PART 27. PUPILS
• Ch. 9.: CHAPTER 9. Pupil and Personnel Health
• Art. 2.: ARTICLE 2. Employment of Medical Personnel

Text

(a)
On or before June 1, 2025, the department shall develop model referral protocols for addressing pupil behavioral health concerns. In developing these protocols, the department shall consult with the State Department of Health Care Services, the members of the Student Mental Health Policy Workgroup, local educational agencies that have served as state or regional leaders in state or federal pupil behavioral health initiatives, county behavioral health programs, current classroom teachers and administrators, current schoolsite classified staff, current schoolsite staff who hold pupil personnel services credentials, current school nurses, current school counselors, and other professionals involved in pupil behavioral health as the department deems appropriate. The department shall also select at least one member of each of the
following groups to consult with in developing the protocols:
(1)
Current high school pupils.
(2)
Parents of current high school or middle school pupils.
(3)
Parents of current elementary school pupils.
(b)
These protocols shall be designed for use, on a voluntary basis, by schoolsites, school districts, county offices of education, charter schools, the California School for the Deaf, and the California School for the Blind, and by teacher, administrator, school counselor, pupil personnel services, and school nurse preparation programs operated by postsecondary educational institutions. The protocols shall do all of the following:
(1)
Address the appropriate and timely referral by school
staff of pupils with behavioral health concerns.
(2)
Reflect a multitiered system of support process and positive behavioral interventions and supports. These protocols are encouraged to be used in lieu of disciplinary actions, and pupils who may be the subject of disciplinary action should be able to access these protocols and should not be prohibited from accessing them.
(3)
Be adaptable to varied local service arrangements for behavioral health services.
(4)
(A)
Reflect evidence-based and culturally appropriate approaches to pupil behavioral health referral without disciplinary actions.
(B)
For purposes of this paragraph, “evidence-based” means peer-reviewed, scientific research evidence, including studies based on research
methodologies that control threats to both the internal and the external validity of the research findings.
(5)
Address the inclusion of parents and guardians in the referral process.
(6)
Be written to ensure clarity and ease of use by certificated and classified school employees.
(7)
Reflect differentiated referral processes for pupils with disabilities and other populations for whom the referral process may be distinct.
(8)
Be written to ensure that school employees act only within the authorization or scope of their credential or license. This section shall not be construed as authorizing or encouraging school employees to diagnose or treat youth behavioral health disorders unless they are specifically licensed and employed to do so.
(9)
Be consistent with state activities conducted by the department in the administration of federally funded behavioral health programs.
(c)
The department shall consider, when developing protocols under this section, the school behavioral health referral pathways toolkit developed by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services.
(d)
The department shall post the model referral protocols on its internet website so that they may be accessed and used by educational institutions specified in subdivision (b).

Legislative History

Amended by Stats. 2024, Ch. 38, Sec. 56. (SB 153) Effective June 29, 2024.