LGC 11.12 — School Mental Health Services Act of 2022 — PASSED

[ZMUN M441]

School Mental Health Services Act of 2022

Section 1. Purpose

WHEREAS, 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.
WHEREAS, 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.

 The General Court of Lincoln finds and declares all of the following:
(1) Research points to a strong connection between mental wellness and academic achievement.
(2) Research demonstrates that early detection and treatment of mental illness improves attendance, behavior, and academic achievement.
(3) Before the COVID-19 pandemic, it was estimated that 20 percent of children have mental health issues, 80 percent of whom are estimated to be undiagnosed and untreated. The lack of attention to a child's mental health has significant effects on the child's school achievement and life outcomes.
(4) Mental health challenges disproportionately impact pupils who face stressors such as violence, trauma, and poverty.
(5) Educators report their lack of preparedness in addressing pupil mental health challenges as a major barrier to instruction. Most educators and staff lack training to identify pupils who may be in need of support and to make referrals, as appropriate, to help pupils overcome and manage mental health issues and succeed in school.
(6) Inadequate service referral and inconsistent pupil mental health policies exist as major factors contributing to pupils' lack of access to support for mental health concerns.
(7) The COVID-19 pandemic has led to massive social and economic disruptions around the world, and it has particularly exacerbated mental health issues among school age youth. A loss of routine for many pupils, social isolation, and feelings of loneliness increase the risk of mental illness. Social distancing and school closures during the COVID-19 pandemic can worsen existing mental health problems in pupils and increase the risk of future mental health issues. An increase in domestic violence and abuse during the COVID-19 pandemic further exposes pupils to risks of developing mental health problems. Several recent surveys of pupils during the COVID-19 pandemic suggest their mental well-being has been severely harmed or worsened as a result of the pandemic.
( 8 ) Pupils of color, LGBTQ+ pupils, low-income pupils, first-generation pupils, pupils facing basic need insecurities, and international pupils experience greater mental health burdens and more barriers to assistance. The COVID-19 pandemic has and will continue to highlight and exacerbate the inequities that exist within the sphere of mental health care and mental health disorders.
(9) Historically, schools may provide a social support network and mental health services for vulnerable pupils. However, closure of schools during the COVID-19 pandemic has taken away the protective layer of school-based mental health support.
(10) No model referral protocol exists to guide schools and local educational agencies in appropriate and timely intervention for pupil mental health concerns.
(11) It is therefore the intent of the Legislature in enacting this measure to direct the development of model, evidence-based referral protocols for addressing pupil mental health concerns that may be voluntarily used by school sites, school districts, county offices of education, charter schools, and teacher and administrator preparation programs.


Section 2. Implementation

a) School boards shall develop model referral protocols for addressing pupil mental health concerns. In developing these protocols, the school boards shall consult mental health agencies, state or regional leaders in state or federal pupil mental health initiatives, county mental health programs, current classroom teachers and administrators, current school site classified staff, current school site staff who hold pupil personnel services credentials, current school nurses, current school counselors, and other professionals involved in pupil mental health as the department deems appropriate. The school boards 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 school sites, school districts, county offices of education, charter schools, and by teacher, administrator, school counselor, pupil personnel services, and school nurse preparation programs operated by post secondary educational institutions. The protocols shall do all of the following:
(1) Address the appropriate and timely referral by school staff of pupils with mental health concerns.
(2) Reflect a multi-tiered system of support processes and positive behavioral interventions and supports.
(3) Be adaptable to varied local service arrangements for mental health services.
(4) Reflect evidence-based and culturally appropriate approaches to pupil mental health referral.
(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.

Occupying: 8 of 10
Sponsor: Spark

[ZMUN M441]

Amendment:

School Mental Health Services Act of 2022

Section 1. Purpose

WHEREAS, 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.
WHEREAS, 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.

 The General Court of Lincoln finds and declares all of the following:
(1) Research points to a strong connection between mental wellness and academic achievement.
(2) Research demonstrates that early detection and treatment of mental illness improves attendance, behavior, and academic achievement.
(3) Before the COVID-19 pandemic, it was estimated that 20 percent of children have mental health issues, 80 percent of whom are estimated to be undiagnosed and untreated. The lack of attention to a child's mental health has significant effects on the child's school achievement and life outcomes.
(4) Mental health challenges disproportionately impact pupils who face stressors such as violence, trauma, and poverty.
(5) Educators report their lack of preparedness in addressing pupil mental health challenges as a major barrier to instruction. Most educators and staff lack training to identify pupils who may be in need of support and to make referrals, as appropriate, to help pupils overcome and manage mental health issues and succeed in school.
(6) Inadequate service referral and inconsistent pupil mental health policies exist as major factors contributing to pupils' lack of access to support for mental health concerns.
(7) The COVID-19 pandemic has led to massive social and economic disruptions around the world, and it has particularly exacerbated mental health issues among school age youth. A loss of routine for many pupils, social isolation, and feelings of loneliness increase the risk of mental illness. Social distancing and school closures during the COVID-19 pandemic can worsen existing mental health problems in pupils and increase the risk of future mental health issues. An increase in domestic violence and abuse during the COVID-19 pandemic further exposes pupils to risks of developing mental health problems. Several recent surveys of pupils during the COVID-19 pandemic suggest their mental well-being has been severely harmed or worsened as a result of the pandemic.
( 8 ) Pupils of color, LGBTQ+ pupils, low-income pupils, first-generation pupils, pupils facing basic need insecurities, and international pupils experience greater mental health burdens and more barriers to assistance. The COVID-19 pandemic has and will continue to highlight and exacerbate the inequities that exist within the sphere of mental health care and mental health disorders.
(9) Historically, schools may provide a social support network and mental health services for vulnerable pupils. However, closure of schools during the COVID-19 pandemic has taken away the protective layer of school-based mental health support.
(10) No model referral protocol exists to guide schools and local educational agencies in appropriate and timely intervention for pupil mental health concerns.
(11) (10) It is therefore the intent of the Legislature in enacting this measure to direct the development of model, evidence-based referral protocols for addressing pupil mental health concerns that may be voluntarily used by school sites, school districts, county offices of education, charter schools, and teacher and administrator preparation programs.


Section 2. Implementation

a) School boards shall develop model referral protocols for addressing pupil mental health concerns. In developing these protocols, the school boards shall consult mental health agencies, state or regional leaders in state or federal pupil mental health initiatives, county mental health programs, current classroom teachers and administrators, current school site classified staff, current school site staff who hold pupil personnel services credentials, current school nurses, current school counselors, and other professionals involved in pupil mental health education as the department deems appropriate. The school boards 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 school sites, school districts, county offices of education, charter schools, and by teacher, administrator, school counselor, pupil personnel services, and school nurse preparation programs operated by post secondary educational institutions. The protocols shall do all of the following:
(1) Address the appropriate and timely referral by school staff of pupils with mental health concerns.
(2) (1) Reflect a multi-tiered system of support processes and positive behavioral interventions and supports.
(3) Be adaptable to varied local service arrangements for mental health services.
(4) (2) Reflect evidence-based, ethical, and culturally appropriate approaches to pupil mental health referral treatment.
(5) Address the inclusion of parents and guardians in the referral process.
(6) (3) 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.

[ZMUN M441]

The ZMUN amendment is adopted.

[ZMUN M441]

Motioning for a final vote.

[ZMUN M441]

A final vote on this bill has been initiated.


Nay

[LAKISYLVANIA]

Aye

[Vice President Christian Man]

Aye

[nerd73]

Nay

[Senator-elect Spark]

Aye

[ZMUN M441]

LGC 11.12 passes, 3-2

[Former President tack50]

X tack50