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General (10) Theresa Bass From:Theresa Bass Sent:Tuesday, January 17, 2023 4:51 PM To:Public Comment Subject:FW: \[EXTERNAL\] CA State law school districts required Pupil suicide prevention policies Attachments:20150AB2246_95 (2).pdf; 20190AB1767_94-1.pdf From: Craig A Durfey < Sent: Monday, January 16, 2023 11:58 AM To: Craig A Durfey < ; Ryan Durfey < ; durfeycraig778@gmail. Nick Dibs < ; GGEA President <president@ggea.org>; editor at oc-breeze.com <editor@oc-breeze.com>; Theresa Bass <TBass@anaheim.net>; fgozalez@ocsheriff.gov; COB_Response <response@ocgov.com>; Supervisor Janice Hahn (Fourth District) <fourthdistrict@bos.lacounty.gov>; Foley, Katrina <Katrina.Foley@ocgov.com>; Supervisor Doug Chaffee <Fourth.District@ocgov.info> Subject: \[EXTERNAL\] CA State law school districts required Pupil suicide prevention policies Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. from Craig A Durfey To whom it may concern see section 215 AB-1767 Pupil suicide prevention policies. (2019-2020) https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1767 AB-2246 Pupil suicide prevention policies. (2015-2016) https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2246 1 SB 224 Page 1 Date of Hearing: July 7, 2021 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair SB 224 (Portantino) – As Amended May 20, 2021 SENATE VOTE: 39-0 SUBJECT: Student instruction: mental health education SUMMARY: Requires each local educational agency (LEA) and charter school to ensure that all students in grades 1 to 12 receive medically accurate, age-appropriate mental health education from trained instructors, at least once in elementary school, junior high school or middle school, and high school. Specifically, this bill: 1) Requires each school district, county office of education, charter school, and the State Special Schools for the Blind and the Deaf to ensure that all students in grades 1 through 12 receive evidence-based, age-appropriate mental health education from instructors trained in the appropriate courses. 2) Requires that each student receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school. 3) Requires this instruction to include all of the following: a) Reasonably designed instruction on the overarching themes and c ore principles of mental health; b) Defining signs and symptoms of common mental health challenges. Depending on student age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder; c) Elucidating the evidence-based services and supports that effectively help individuals manage mental health challenges; d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and ho me environment in which students feel comfortable; e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that students know to take action before a situation turns into a crisis. Requires that this include instruction on both of the following: i. How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a student SB 224 Page 2 personnel services credential, school psychologists, and school social workers, and in the community for themselves or others; and ii. Evidence-based and culturally responsive practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse; g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges; and h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. Requires that this include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance. 4) Requires instruction and materials to be: a) Appropriate for use with students of all races, genders, sexual orientations, and ethnic and cultural backgrounds, students with disabilities, and English learners; b) Accessible to students with disabilities, including, providing a modified curriculum, materials and instruction in alternative formats, and auxiliary aids; c) Not reflect or promote bias against any person on the basis of any category protected by anti-discrimination provisions of current law; and d) Coordinated with any existing on-campus mental health providers including, but not limited to, providers with a pupil personnel services credential, who may be immediately called upon by students for assistance. 5) States that these requirements do not limit a student’s health and mental health privacy or confidentiality rights. 6) Prohibits a student receiving this instruction from being required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including for the purpose of the peer component of instruction authorized by the measure. 7) Establishes the following definitions for purposes of the measure: a) “Age appropriate” has the same meaning as defined refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group; SB 224 Page 3 b) “English learner” has the same meaning as used in federal law; c) “Evidence-based” means verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field; and d) “Instructors trained in the appropriate courses” means instructors with knowledge of the most recent evidence-based research on mental health. EXISTING LAW: 1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in specified areas of study that include health, including instruction in the principles and practices of individual, family, and community health. 2) Requires the Instructional Quality Commission (IQC), during the next revision of the publication “Health Framework for California Public Schools” (Health Curriculum Framework), to consider developing, and recommending for adoption by the State Board of Education (SBE), a distinct category on mental health instruction to educate students about all aspects of mental health. 3) Requires, for purposes of this requirement, that “mental health instruction” include, but not be limited to, all of the following: a) Reasonably designed and age-appropriate instruction on the overarching themes and core principles of mental health; b) Defining common mental health challenges such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post- traumatic stress disorder; c) Elucidating the services and supports that effectively help individuals manage mental health challenges; d) Promoting mental health wellness, which includes positive development, social connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which students feel comfortable; e) Ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so students know to take action before a situation turns into a crisis. This should include instruction on both of the following: i. Ho w to appropriately seek and find assistance from mental health professionals and services within the school district and in the community for themselves or others; and SB 224 Page 4 ii. Appropriate evidence-based research and practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success as well as to co-occurring conditions, such as chronic physical conditions and chemical dependence and substance abuse; g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of culture on the experience and treatment of mental he alth challenges; h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. Requires that this include, to the extent possible, classroom presentations of narratives by peers and other individuals who have experienced mental health challenges, and how they coped with their situations, including how they sought help and acceptance; 4) Requires the IQC, in the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework. FISCAL EFFECT: According to the Senate Appropriations Committee, this bill could result in a reimbursable state mandate ranging from the millions to low tens millions of dollars statewide in Proposition 98 General Fund each year for LEAs to provide the prescribed mental health education. This estimate assumes LEA training costs that range from $1,000 to $5,000 for each school in the state. Charter schools would also incur additional costs but are not eligible to claim reimbursement for state mandated activities. However, they do receive funding from the K -12 Mandates Block Grant and this bill could lead to pressure to increase it (Proposition 98 General Fund). COMMENTS: Need for the bill. According to the author’s office, “Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers of mental health education, healing, and support. As children and youth spend more daytime hours at school than at home, the public education system is the most efficient and effec tive setting for providing universal mental health education to children and youth. Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because they were reco gnized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health a top priority.” Health education in California schools. According to data published by the California Department of Education (CDE), in the 2018-19 school year, over 170,400 middle and high school students were enrolled in a Health Education course. Nearly 12,000 health courses were offered, in over 1,600 schools. Health education is sometimes provided in courses not specifically designated as health courses, such as in physical education and or an advisory SB 224 Page 5 period, and if this bill were to be enacted, LEAs which do not require a health course for graduation would need to provide this instruction in such a manner. As noted above, the adopted course of study for grades 1 to 6, inclusive, includes content in health, but the amount of time dedicated to health education in those grades is not reported to the state. A course in health is not a statewide graduation requirement, but current law authorizes school districts to establish local graduation requirements in addition to those required by state law , and some school districts have chosen to make a course in health a local graduation requireme nt. According to school district websites reviewed this year, 6 of the largest 10 school districts by enrollment require a course in health for graduation. This bill is modeled after the California Healthy Youth Act (CHYA), which requires schools to teach comprehensive sexual health education and HIV prevention education in three grade spans and specifies content, instructional, and instructor training requirements. The content of the instruction required by this bill largely mirrors the content required to be considered for inclusion in the Health Curriculum Framework under current law. Recently adopted Health Curriculum Framework includes mental health content . California has adopted both content standards and a curriculum framework for health. On May 8, 2019, the SBE adopted the current Health Education Curriculum Framework. The revised framework includes a significant amount of content and guidance on instructional strategies relating to mental health, including most if not all of the content required to be considered for inclusion under current law. After a new curriculum framework is adopted, the SBE typically adopts instructional materials for grades K -8 which align to the framework, but in 2020 the SBE cancelled the adoption of health instructional materials due to lack of publisher interest. Youth mental health crisis intensifying as a result of the COVID -19 pandemic. The American Academy of Pediatrics noted in recent guidance that “emotional and behavioral health challenges were of growing concern before the COVID-19 pandemic, and the public health emergency has only exacerbated these challenges.” Prior to the COVID 19 pandemic, the incidence of youth mental health crises was incre asing at an alarming rate. Suicide rates among youth ages 10-24 increased over 57% between 2007 and 2018, and as of 2018 suicide was the second leading cause of death for youth ages 15 -19, according to the Centers for Disease Control and Prevention (CDC). Youth visits to pediatric emergency departments for suicide and suicidal ideation also doubled during this time period (Burstein, 2019). The COVID 19 pandemic has dealt a particularly hard blow to students’ mental health and well- being. The pandemic in creased social isolation, disrupted routines, and eliminated social traditions and rites of passage, all while also reducing students’ access to schools, which serve as the de facto mental health system for children and adolescents. For students from families also facing economic and other challenges, the crisis is deeper still. The available evidence documents intensifying mental health impacts among students during the pandemic:  FAIR Health analyzed data from its database of over 32 billion private healthcare insurance claim records, tracking month-by-month changes from January to November 2020 compared to the same months in 2019 and found: SB 224 Page 6 o Overall Mental Health: In March and April 2020, mental health claim lines for individuals aged 13-18, as a percentage of all medical claim lines, approximately doubled over the same months in the previous year; o Intentional Self-Harm: Claims for intentional self-harm as a percentage of all medical claim lines in the 13 -18 age group comparing April 2020 to April 2019, doubled (100%); o Overdoses: For the age group 13-18, claim lines for overdoses increased by 119% in April 2020 over the same month the year before; and o Anxiety and Depressive Disorders: For the age group 13-18, in April 2020, claim lines for generalized anxiety disorder increased 93.6% as a percentage of all medical claim lines over April 2019, while major depressive disorder claim lines increased 84% and adjustment disorder claim lines 90%.. Claims for obsessive compulsive disorder also increased for children aged 6-12.  California Department of Public Health (CDPH) data showed 134 youth under age 18 in California died by suicide in 2020, up 24% from 108 in 2019, and well above totals from 2017 and 2018.  According to the University of California, San Francisco, data from hospitals in the Bay Area showed a 66-75% increase among 10- to 17-year-olds screening positive for active or recent suicidal ideation in the last year.  National data from the CDC showed a 50% increase in emergency department visits for suicide attempts among American adolescents (mainly girls) during the pandemic. Arguments in support. Children Now writes, “Now more than ever, it is critical that California equip all of its students with the information and tools necessary to p romote positive mental health, and to seek mental health support and treatment when needed. SB 224 will ensure that students receive mental health education from a qualified instructor at least once during elementary school, once during middle school, and once during high school. This education will help increase awareness, empower students to seek support, and reduce the stigma associated with experiencing mental health challenges.” Arguments in opposition. The Citizens Commission on Human Rights writes, “We believe that the right to informed consent for all mental health treatment – a right which is firmly established in California law – is a fundamental right for all citizens. SB 224 does not require that student education on mental health include training on the right of informed consent.” Recommended Committee amendments. Staff recommends that the bill be amended as follows: 1) Require instead that LEAs and charter schools which currently offer one or more courses in health education to middle or high school to students shall include in those courses content in mental health that meets the requirements of this section (content and requirements of SB 224). State that nothing in the act shall be construed to limit local educational agencies and charter schools in offering or requiring instruction in mental health as specified in this act. SB 224 Page 7 2) Require that, on or before January 1, 2024, the CDE develop a plan to expand mental health instruction in California public schools. Related legislation. SB 14 (Portantino) of this Session would add “for the benefit of the mental or behavioral health of the student” to the list of categories of excused absences for purpose s of school attendance; would require the CDE to identify an evidence-based training program for LEAs to use to train classified and certificated school employees having direct contact with students in youth mental and behavioral health and an evidence-based mental and behavioral health training program with a curriculum tailored for students in grades 10 to 12, inclusive. AB 309 (Gabriel) of this Session requires the CDE to develop model student mental health referral protocols, in consultation with relevant stakeholders, subject to the availability of funding for this purpose. AB 563 (Berman) of this Session requires the CDE to establish an Office of School-Based Health Programs for the purpose of improving the operation of, and participation in, school- based health programs. Requires that $500,000 in federal reimbursements be made available for transfer through an interagency agreement to CDE for the support of the Office. AB 586 (O’Donnell) of this Session establishes the School Health Demonstration Project to expand comprehensive health and mental health services to students by pr oviding intensive assistance and support to selected LEAs to build the capacity for long-term sustainability through leveraging multiple funding streams and partnering with county Mental Health Plans, Managed Care Organizations, and community-based providers. Lessons learned through the pilot project would be used as a basis to scale up robust and sustainable school-based health and mental health services throughout the state. SB 428 (Pan) of the 2019-20 Session would have required the CDE to identify an evidence- based training program for local educational agencies to use to train classified and certificated school employees having direct contact with students in youth mental and behavioral health. SB 428 was vetoed by the Governor, who stated: This bill would require the CDE to identify an evidence-based training program on youth mental health for LEAs to use to train classified and certificated employees who have direct contact with students at each school site. Providing support for students facing ment al health is of critical importance. Multiple public agencies beyond CDE hold a responsibility for addressing the mental health crisis impacting young people today. That is why I worked with the Legislature to appropriate $50 million in this year's budget to create the Mental Health Student Services Act. Mental health partnerships among county mental health or behavioral health departments, school districts, charter schools and county offices of education are best positioned to address the diverse mental health needs of young people. AB 1808 (Committee on Budget) Chapter 32, Statutes of 2018 , requires the CDE to identify one or more evidence-based online training programs that an LEA can use to train school staff and students as part of the LEA’s policy on student suicide prevention. Also requires the CDE to provide a grant to a COE to acquire a training program identified by the CDE and disseminate that training program to LEAs at no cost. Also appropriates, for the 2018 –19 fiscal year, the sum of $1,700,000 from the General Fund to the SPI for these purposes. SB 224 Page 8 AB 329 (Weber), Chapter 398, Statutes of 2015, requires LEAs to provide instruction in sexual health education, revises HIV prevention education content, expands topics covered in sexual health education, requires this instruction to be inclusive of different sexual orientations, and clarifies parental consent policy. SB 330 (Padilla), Chapter 481, Statutes of 2013, requires, when the Health Framework was next revised, the IQC to consider developing and recommending to the SBE a distinct category on mental health instruction to educate pupils about all aspects of mental health. REGISTERED SUPPORT / OPPOSITION : Support California Alliance of Child and Family Services (co -sponsor) California Association of Student Councils (co-sponsor) Generation Up (co-sponsor) Mental Health Services Oversight and Accountability Commission (co-sponsor) National Alliance on Mental Illness (co-sponsor) National Center for Youth Law (co-sponsor) The Children's Partnership (co-sponsor) AFSCME, AFL-CIO Alliance for Children's Rights American Academy of Pediatrics, California American Civil Liberties Union of Northern California, Southern California, S an Diego and Imperial Counties Aviva Family and Children's Services California Council of Community Behavioral Health Agencies California Academy of Child and Adolescent Psychiatry California Access Coalition California Association for Bilingual Education California Association for Health, Physical Education, Recreation and Dance California Association of Local Behavioral Health Boards and Commissions California Association of Marriage and Family Therapists California Association of School Psychologists California Catholic Conference California Hospital Association/C alifornia Association of Hospitals and Health Systems California Psychological Association California School-based Health Alliance Californians for Justice Californians Together Casa Pacifica Centers for Children and Families Children Now City of Santa Monica County Behavioral Health Directors Association of California DBSA California Disability Rights California Dolores Huerta Foundation Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Hathaway-Sycamores SB 224 Page 9 Hillsides Jewish Public Affairs Committee Los Angeles County Office of Education Mental Health America of Los Angeles NAMI California National Association of Social Workers, California Chapter Nextgen California Psychiatric Physicians Alliance of California Public Advocates San Francisco Unified School District Steinberg Institute The Kennedy Forum United Parents Vision Y Compromiso Wellness Together Westcoast Children's Clinic Several individuals Opposition Citizens Commission on Human Rights Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 SENATE COMMITTEE ON EDUCATION Senator Connie Leyva, Chair 2021 - 2022 Regular Bill No: SB 224 Hearing Date: March 10, 2021 Author: Portantino Version: January 14, 2021 Urgency: No Fiscal: Yes Consultant: Brandon Darnell Subject: Pupil instruction: mental health education SUMMARY This bill requires each school district to ensure that all pupils in grades 1 to 12, inclusive, receive medically accurate, age -appropriate mental health education from instructors trai ned in the appropriate courses, and that e ach pupil receive this instruction at least once in elementary school, at least once in junio r high school or middle school, and at least once in high school. BACKGROUND Existing law: 1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in specified areas of study that include health, including instruction in the principles and practices of individual, family, and community health. (E ducation Code § 51210) 2) Requires the Instructional Quality Commission (IQC), during the next revision of the publication “Health Framework for California Public Schools” (health framework), to consider developing, and recommending for adoption by the State Board of Education (SBE), a distinct category on mental health instruction to educate pupils about all aspects of mental health. (EC §51900.5) 3) Specifies, for purposes of (1) above, that “mental health instructio n” shall include, but not be limited to, all of the following: a) Reasonably designed and age -appropriate instruction on the overarching themes and core principles of mental health. b) Defining common mental health challenges such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder. c) Elucidating the services and supports that effectively help individuals manage mental health challenges. d) Promoting mental health wellness, which includes positive development, social connectedness and supportive relationships, resiliency, problem SB 224 (Portantino) Page 2 of 6 solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. e) Ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so pupils know to take action before a situation turns into a crisis. This should include instruction on both of the following: i) How to appropriately seek and find assistance from mental health professionals and services within the school district and in the community for themselves or others. ii) Appropriate evidence -based research and practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success as well as to co -occurring conditions, such as chronic physical conditions and chemical dependence and substance abuse. g) Awareness and appreci ation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of culture on the experience and treatment of mental health challenges. h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by peers and other individuals who have experienced mental health challenges, and how they coped with their situations, including how they sought help and acceptance. (EC §51900.5) 4) Requires the IQC, i n the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework. (EC §51900.5) ANALYSIS This bill requires each school district to ensure that all pupils in grades 1 to 12, inclusive, receive medically accurate, age -appropriate mental health education from instructors trai ned in the appropriate courses, and that e ach pupil receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school. Specifically, this bill: 1) Requires the instruction to include all of the following: a) Reasonably designed instruction on the overarching themes and core principles of mental health. SB 224 (Portantino) Page 3 of 6 b) Defining common mental health challenges. Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder. c) Elucidating the medically accurate services and supports that effectively help individuals manage mental health challenges. d) Promoting mental health wellness, which includes positive development, social connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. e) The ability to identify warning signs of common mental health problems i n order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following: i) How to seek and find assistance from mental health professionals and services within the school district and in the community for themselves or others. ii) Medically accurate evidence-based research and culturally responsive practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse. g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges. h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance. STAFF COMMENTS 1) Need for the bill. According to the author’s office, “Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers o f mental health education, healing, and support. As children and youth spend more hours at school than at home, the SB 224 (Portantino) Page 4 of 6 public education system is the most efficient and effective setting for providing universal mental health education to children and youth. Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because they were recognized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health a top priority.” 2) Increasing occurrences of pupil mental health issues. According to a Pew Research Center analysis of data from the 2017 National Survey on Drug Use and Health, in 2017, 3.2 million teens aged 12 -17 said they had at least one depressive episode within the past 12 months. This is up by 1.2 million from the same survey conducted by the National Survey on Drug Use and Health in 2007. One-in-five (2.4 million) teenage girls reported experiencing one depressive episode in 2017, compared to 845,000 teenage boys. According to data from the Centers for Disease Control and Prevention, 13 percent of students in grades 9 - 12 in California in 2017 reported experiencing at least one depressive episode within the last 12 months. 32 percent felt sad or hopeless almost every day for 2 or more weeks in a row so that they stopped doing some usual activities within the past year, compared to 31 percent for the United States. 17 percent of pupils in grades 9-12 reported considering suicide attempts, while 9 percent reported they attempted suicide at least once within the past 12 month. This trend is confirmed by data from the Office of Statewide Health Planning and Development. In 2019, emergency rooms throughout California treated 84,584 young patients’ ages 13 to 21 who had a primary diagnosis involving mental health. That is up from 59,705 in 2012, a 42 percent increase. 3) COVID -19 has had an exacerbating effect on me ntal health issues. According to the 2020 report, “Roadmap for Resilience: The California Surgeon General’s Report on Adverse Childhood Experiences, Toxic Stress, and Health,” COVID-19 has only furthered the mental health issues children face. As the report notes, “For many children, the school is a bedrock of community belonging. The pandemic has not only disrupted children’s academic opportunities and connections with their peers and educators, it has also surfaced new and difficult experiences in the home: fear, anxiety, financial distress, food and housing insecurity, and countless other challenges. Economic uncertainty is associated with increases in harsh parenting, which increases risk for child abuse and neglect, and the loss of friends and family through illness a nd isolation can also increase the total dose of acute stress and adversity and reduce the dose of buffering supports available from caregivers, educators, and other adults.” 4) Health is not a required course or topic in middle school or high school. As noted above, the adopted course of study for grades 1 to 6, inclusive, includes health. However, there is not similar requirement for the adopted course of study for grades 7 to 12, inclusive. Health is also not a statewide graduation requirement. While it is true that many local educational agencies teach health in some capacity in middle school and high school, there is no requirement to do so SB 224 (Portantino) Page 5 of 6 beyond the requirement to teach comprehensive sexual health education and HIV prevention education, which is not specific to mental health, which is required at least once in middle school and once in high school via the California Healthy Youth Act (CHYA). This bill mimics the CHYA’s approach to require specific mental health instruction in school districts. Recently, the CHYA was amended to apply to all local educational agencies, including charter schools (AB 2601 (Weber, Ch. 495, Stats. 2018). Accordingly, staff recommends that the bill be amended to apply to all local educational agencies, including school districts, county offices of education, state special schools, and charter schools. 5) Recently adopted heath framework includes mental health. While health is not a specifically required topic or course in middle school or high school, the SBE has adopted both content standards and a curriculum framework for health. On May 8, 2019, the SBE adopted the 2019 Health Education Curriculum Framework for California Public Schools, Transitional Kindergarten Through Grade Twelve. The revised framework includes additional instructional strategies relating to mental health. While this bill includes that the same language relating to mental health that existing law required the IQC to consider including in the revised framework, to the extent that the framework d oes not include each specific item, the bill would require instruction that the health framework does not require. This would repeat a similar problem raised by the CHYA, which required instruction for several years that was not covered by the health fram ework until its recent revision. The health framework will not be revised again until 2027. 6) Related legislation. SB 14 (Portantino, 2021) (1) specifically adds “for the benefit of the mental or behavioral health of the pupil” to the list of categories of excused absences for purposes of school attendance, and (2) requires the California Department of Education (CDE) to identify (A) an evidence-based training program for local education agencies (LEAs) to use to train classified and certificated school employees having direct contact with pupils in youth mental and behavioral health, and (B) an evidence-based mental and behavioral health training program with a curriculum tailored for pupils in grades 1 0 to 12, inclusive. SB 14 is scheduled to be heard by this committee on March 10, 2021. SUPPORT California Association of Student Councils (Co -sponsor) The Children's Partnership (Co -sponsor) American Civil Liberties Union – California Aviva Family and Children's Services California Academy of Child and Adolescent Psychiatry California Association of Health, Physical Education, Recreation & Dance California Association of Marriage and Family Therapists California Association of Local Behavioral Health Boards and Commissions California Hospital Association California School-based Health Alliance CASA Pacifica Centers for Children and Families Children Now City of Santa Monica SB 224 (Portantino) Page 6 of 6 County Behavioral Health Directors Association of California Disability Rights California Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Generation Up Mental Health America of Los Angeles Mental Health Services Oversight and Accountability Commission Public Advocates, Inc. Psychiatric Physicians Alliance of Ca lifornia San Francisco Unified School District The Kennedy Forum Wellness Together OPPOSITION None received -- END -- SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 SB 224 THIRD READING Bill No: SB 224 Author: Portantino (D) and Rubio (D), et al. Amended : 5/20/21 Vote: 21 SENATE EDUCATION COMMITTEE: 7-0, 3/10/21 AYES: Leyva, Ochoa Bogh, Cortese, Dahle, Glazer, McGuire, Pan SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/20/21 AYES: Portantino, Bates, Bradford, Jones, Kamlager, Laird, Wieckowski SUBJECT: Pupil instruction: mental health education SOURCE: California Alliance of Child & Family Services California Association of Student Councils California Yo uth Empowerment Network Mental Health Services Oversight & Ac countability Commission National Alliance on Mental Illness National Center for Youth Law The Children’s Partnership DIGEST: This bill requires each school district , county office of education (COE), state special school, and charter scho ol to ensure that all pupils in grades 1 to 12, inclusive, receive evidence-based , age-appropriate mental health education from instructors trained in the appropriate courses, and that each pupil receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school. ANALYSIS: Existing law: 1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through gra de 6, in specified areas of study that include health, including instruction in the principles and SB 224 Page 2 practices of individual, family, and community health. (Education Code § 51210) 2) Requires the Instructional Quality Commission (IQC), during the next revision of the publication “Health Framework for California Public Schools” (health framework), to consider developing, and recommending for adoption by the State Board of Education (SBE), a distinct category on mental health instruction to educate pupils ab out all aspects of mental health. (EC §51900.5) 3) Requires the IQC, in the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development o f the mental health instruction in the health framework. (EC §51900.5) This bill requires each school district, COE, state special school, and charter to ensure that all pupils in grades 1 to 12, inclusive, receive evidence-based , age- appropriate mental health education from instructors trained in the appropriate courses, and that each pupil receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school. Specifically, this bill: 1) Requires the instruction to include all of the following: a) Reasonably designed instruction on the overarching themes and core principles of mental health. b) Defining signs and symptoms of common mental health challenges. Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder. c) Elucidating the evidence-based services and supports that effectively help individuals manage mental health challenges. d) Promoting mental health wellness and protective factors , which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self -esteem, and a positive school and home environment in which pupils feel comfortable. SB 224 Page 3 e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following: i) How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a pupil personnel services credential, school psychologists, and school social workers, and in the community for themselves or others. ii) Evidence-based research and culturally responsive practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success and to co -occurring conditions, such as chronic physical conditions, chemical dependence, and substance ab use. g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges. h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance. 2) Requires instruction and materials required for these purposes to satisfy all of the following: a) Be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. b) Be accessible to pupils with disabilities, including, but not limited to, providing a mod ified curriculum, materials and instruction in alternative formats, and auxiliary aids. SB 224 Page 4 c) Not reflect or promote bias against any person on the basis of any category protected by state law. 3) Specifies that its provisions do not limit not a pupil’s health and mental health privacy or confidentiality rights . 4) Prohibits a pupil from being required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including, but not limited to, for the purpose of the peer component. 5) Specifies the following definitions: a) “Age appropriate” refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. b) “Evidence-based” means verified or supported by research conducted in compliance with scientific methods and published in peer -reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field. c) “Instructors trained in the appropriate courses” means instructors with knowledge of the most recent evidence-based research on mental health. 6) Includes legislative findings and declarations relating to these provisions. Comments 1) Need for th is bill. According to the author’s office, “Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers o f mental health education, healing, and support. As children and youth spend more hours at school than at home, the public education system is the most efficient and effective setting for providing universal mental health education to children and youth. “Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because SB 224 Page 5 they were recognized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health a top priority.” 2) Increasing occurrences of pupil mental health issues. According to a Pew Research Center analysis of data from the 2017 National Survey on Drug Use and Health, in 2017, 3.2 million teens aged 12-17 said they had at least one depressive episode within the past 12 months. This is up by 1.2 million from the s ame survey conducted by the National Survey on Drug Use and Health in 2007. One-in -five (2.4 million) teenage girls reported experiencing one depressive episode in 2017, compared to 845,000 teenage boys. According to data from the Centers for Disease Control and Prevention, 13 percent of students in grades 9-12 in California in 2017 reported experiencing at least one depressive episode within the last 12 months. Thirty-two percent felt sad or hopeless almost every day for two or more weeks in a row so that they stopped doing some usual activities within the past year, compared to 31 percent for the United States. Seventeen percent of pupils in grades 9-12 reported considering suicide attempts, while nine percent reported they attempted suicide at least once within the past 12 months . This trend is confirmed by data from the Office of Statewide Health Planning and Development. In 2019, emergency rooms throughout California treated 84,584 young patients’ ages 13 to 21 who had a primary diagnosis involvin g mental health. That is up from 59,705 in 2012, a 42 percent increase. 3) COVID -19 has had an exacerbating effect on mental health issues. According to the 2020 report, “Roadmap for Resilience: The California Surgeon General’s Report on Adverse Childho od Experiences, Toxic Stress, and Health,” COVID- 19 has only furthered the mental health issues children face. As the report notes, “For many children, the school is a bedrock of community belonging. The pandemic has not only disrupted children’s academic opportunities and connections with their peers and educators, it has also surfaced new and difficult experiences in the home: fear, anxiety, financial distress, food and housing insecurity, and countless other challenges. Economic uncertainty is associated with increases in harsh parenting, which increases risk for child abuse and neglect, and the loss of friends and family through illness and isolation can also increase the total dose of acute stress and adversity and reduce the dose of buffering supports available from caregivers, educators, and other adults.” SB 224 Page 6 4) Health is not a required course or topic in middle school or high school . As noted above, the adopted course of study for grades 1 to 6, inclusive, includes health. However, there is not similar requirement for the adopted course of study for grades 7 to 12, inclusive. Health is also not a statewide graduation requirement. While it is true that many local educational agencies (LEAs) teach health in some capacity in middle school and high sc hool, there is no requirement to do so beyond the requirement to teach comprehensive sexual health education and HIV prevention education, which is not specific to mental health, which is required at least once in middle school and once in high school via the California Healthy Youth Act (CHYA). This bill mimics the CHYA’s approach to require specific mental health instruction in school districts. 5) Recently adopted heath framework includes mental health. While health is not a specifically required to pic or course in middle school or high school, the SBE has adopted both content standards and a curriculum framework for health. On May 8, 2019, the SBE adopted the 2019 Health Education Curriculum Framework for California Public Schools, Transitional Kindergarten Through Grade Twelve. The revised framework includes additional instructional strategies relating to mental health. While this bill includes that the same language relating to mental health that existing law required the IQC to consider including in the revised framework, to the extent that the framework does not include each specific item, the bill would require instruction that the health framework does not require. This would repeat a similar problem raised by the CHYA, which required instruction for several years that was not covered by the health framework until its recent revision. The health framework will not be revised again until 2027. Related/Prior Legislation SB 14 (Portantino, 2021) includes, specifically, “for the benefit of the mental or behavioral health of the pupil” to the “illness” category for excused absences for purposes of school attendance; and requires the California Department of Education to identify (1) an evidence-based training program for LEAs to use to train clas sified and certificated school employees having direct contact with pupils in youth mental and behavioral health, and (2) an evidence-based mental and behavioral health training program with a curriculum tailored for pupils in grades 10 to 12, inclusive. SB 14 is pending on the Senate F loor. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes SB 224 Page 7 According to the Senate Appropriations Committee, this bill could result in a reimbursable state mandate ranging from the millions to low tens millions of dollars statewide in Proposition 98 General Fund each year for LEAs to provide the prescribed mental health education. This estimate assumes LEA training costs that range from $1,000 to $5,000 for each school in the state. Charter schools would also incur additional costs but are not eligible to claim reimbursement for state mandated activities. However, they do receive funding from the K-12 Mandates Block Grant and this bill could lead to pressure to increase it (Proposition 98 General Fund). SUPPORT: (Verified 5/21/21) California Alliance of Child & Family Services (co-source) California Association of Student Councils (co-source) California Youth Empowerment Network (co-source) Mental Health Services Oversight & Accountability Commission (co-source) National Alliance on Mental Illness (co-source) National Center for Youth Law (co-source) The Children's Partnership (co-source) AFSCME Alliance for Children’s Rights American Academy of Pediatrics American Civil Liberties Union – California Aviva Family and Children's Services California Academy of Child and Adolescent Psychiatry California Association for Bilingual Education California Association for Health, Physical Education, Recreation & Dance California Association of Local Behavioral Health Boards and Commissions California Association of Marriage and Family Therapists California Catholic Conference California Hospital Association California School-based Health Alliance Californians for Justice Californians Together CASA Pacifica Centers fo r Children and Families Children Now City of Santa Monica County Behavioral Health Directors Association of California Disability Rights California Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Generation Up SB 224 Page 8 Hillsides Los Angeles County Office of Education Mental Health America of Los Angeles National Association of Social Workers, California Chapter NextGen California Psychiatric Physicians Alliance of California Public Advocates San Francisco Unified School District Steinberg Institute The Kennedy Forum United Parents Wellness Together Westcoast Children’s Clinic OPPOSITION: (Verified 5/21/21) None received Prepared by: Brandon Darnell / ED. / (916) 651-4105 5/25/21 10:10:13 **** END **** SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 SB 224 UNFINISHED BUSINESS Bill No: SB 224 Author: Portantino (D) and Rubio (D), et al. Amended: 8/30/21 Vote: 21 SENATE EDUCATION COMMITTEE: 7-0, 3/10/21 AYES: Leyva, Ochoa Bogh, Cortese, Dahle, Glazer, McGuire, Pan SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/20/21 AYES: Portantino, Bates, Bradford, Jones, Kamlager, Laird, Wieckowski SENATE FLOOR: 39-0, 6/1/21 AYES: Allen, Archuleta, Atkins, Bates, Becker, Borgeas, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hertzberg, Hueso, Hurtado, Jones, Kamlager, Laird, Leyva, Limón, McGuire, Min, Newman, Nielsen, Ochoa Bogh, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk NO VOTE RECORDED: Melendez ASSEMBLY FLOOR: 72-1, 9/2/21 - See last page for vote SUBJECT: Pupil instruction: mental health education SOURCE: California Alliance of Child & Family Services California Association of Student Councils California Youth Empowerment Network Mental Health Services Oversight & Accountability Commission National Alliance on Mental Illness National Center for Youth Law The Children’s Partnership DIGEST: This bill requires schools that offer one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health, as specified. SB 224 Page 2 Assembly Amendments (1) delete the requirement that all pupils in grades 1 to 12 receive mental health instruction, and instead limit the scope of this bill to apply requirements only to those schools that offer courses in he alth in middle or high schools; (2) delete the requirement that pupils receive this instruction at least once in elementary school, at least once in middle/junior high school, and at least once in high school; and (3) require the California Department of Education (CDE) to develop a plan, by January 1, 2024, to expand mental health instruction in California public schools. ANALYSIS: Existing law: 1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in specified areas of study that include health, including instruction in the principles and practices of individual, family, and community health. (Education Code § 51210) 2) Requires the Instructional Quality Commission (IQC), during the next revision of the publication “Health Framework for California Public Schools” (health framework), to consider developing, and recommending for adoption by the State Board of Education (SBE), a distinct category on mental health instruction to educate pupils about all aspects of mental health. (EC §51900.5) 3) Requires the IQC, in the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework. (EC §51900.5) This bill requires schools that offer one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health. Specifically, this bill: 1) Requires each school district, county office of education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health that meets the requirements of this bill. 2) Provides that this is not to be construed to limit a school district, county office of education, state special school, or charter school in offering or requiring instruction in mental health as specified in this bill. SB 224 Page 3 3) Requires the instruction to include all of the following: a) Reasonably designed instruction on the overarching themes and core principles of mental health. b) Defining signs and symptoms of common mental health challenges. Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder. c) Elucidating the evidence-based services and supports that effectively help individuals manage mental health challenges. d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following: i) How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a pupil personnel services credential, school psychologists, and school social workers, and in the community for themselves or others. ii) Evidence-based research and culturally responsive practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse. g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges. SB 224 Page 4 h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance. 4) Requires instruction and materials required for these purposes to satisfy all of the following: a) Be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. b) Be accessible to pupils with disabilities, including, but not limited to, providing a modified curriculum, materials and instruction in alternative formats, and auxiliary aids. c) Not reflect or promote bias against any person on the basis of any category protected by state law. 5) Specifies that its provisions do not limit not a pupil’s health and mental health privacy or confidentiality rights. 6) Prohibits a pupil from being required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including, but not limited to, for the purpose of the peer component. 7) Requires CDE to develop a plan, by January 1, 2024, to expand mental health instruction in California public schools. 8) Specifies the following definitions: a) “Age appropriate” refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. b) “Evidence-based” means verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field. SB 224 Page 5 c) “Instructors trained in the appropriate courses” means instructors with knowledge of the most recent evidence-based research on mental health. 9) Includes legislative findings and declarations relating to these provisions. Comments 1) Need for this bill. According to the author’s office, “Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers of mental health education, healing, and support. As children and youth spend more hours at school than at home, the public education system is the most efficient and effective setting for providing universal mental health education to children and youth. “Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because they were recognized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health a top priority.” 2) Increasing occurrences of pupil mental health issues. According to a Pew Research Center analysis of data from the 2017 National Survey on Drug Use and Health, in 2017, 3.2 million teens aged 12 -17 said they had at least one depressive episode within the past 12 months. This is up by 1.2 million from the same survey conducted by the National Survey on Drug Use and Health in 2007. One-in-five (2.4 million) teenage girls reported experiencing one depressive episode in 2017, compared to 845,000 teenage boys. According to data from the Centers for Disease Control and Prevention, 13 percent of students in grades 9-12 in California in 2017 reported experiencing at least one depressive episode within the last 12 months. Thirty-two percent felt sad or hopeless almost every day for two or more weeks in a row so that they stopped doing some usual activities within the past year, compared to 31 percent for the United States. Seventeen percent of pupils in grades 9 -12 reported considering suicide attempts, while nine percent reported they attempted suicide at least once within the past 12 months. This trend is confirmed by data from the Office of Statewide Health Planning and Development. In 2019, emergency rooms throughout California treated 84,584 young patients’ ages 13 to 21 who had a primary diagnosis involving mental health. That is up from 59,705 in 2012, a 42 percent increase. SB 224 Page 6 3) COVID-19 has had an exacerbating effect on mental health issues. According to the 2020 report, “Roadmap for Resilience: The California Surgeon General’s Report on Adverse Childhood Experiences, Toxic Stress, and Health,” COVID- 19 has only furthered the mental health issues children face. As the report notes, “For many children, the school is a bedrock of community belonging. The pandemic has not only disrupted children’s academic opportunities and connections with their peers and educators, it has also surfaced new and difficult experiences in the home: fear, anxiety, financial distress, food and housing insecurity, and countless other challenges. Economic uncertainty is associated with increases in harsh parenting, which increases risk for child abuse and neglect, and the loss of friends and family through illness and isolation can also increase the total dose of acute stress and adversity and reduce the dose of buffering supports available from caregivers, educators, and other adults.” 4) Health is not a required course or topic in middle school or high school. As noted above, the adopted course of study for grades 1 to 6, inclusive, includes health. However, there is not similar requirement for the adopted course of study for grades 7 to 12, inclusive. Health is also not a statewide graduation requirement. While it is true that many local educational agencies (LEAs) teach health in some capacity in middle school and high school, there is no requirement to do so beyond the requirement to teach comprehensive sexual health education and HIV prevention education, which is not specific to mental health, which is required at least once in middle school and once in high school via the California Healthy Youth Act. 5) Recently adopted heath framework includes mental health. While health is not a specifically required topic or course in middle school or high school, the SBE has adopted both content standards and a curriculum framework for health. On May 8, 2019, the SBE adopted the 2019 Health Education Curriculum Framework for California Public Schools, Transitional Kindergarten Through Grade Twelve. The revised framework includes additional instructional strategies relating to mental health. While this bill includes that the same language relating to mental health that existing law required the IQC to consider including in the revised framework, to the extent that the framework does not include each specific item, the bill would require the inclusion of instruction that the health framework does not require. This would repeat a similar problem raised by the CHYA, which required instruction for several years that was not covered by the health framework until its recent revision. The health framework will not be revised again until 2027. SB 224 Page 7 FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No According to the Assembly Appropriations Committee: 1) Unknown, though potentially significant, ongoing Proposition 98 General Fund costs to LEAs that offer courses in health instruction to include instruction in mental health in those courses. Costs would vary by LEA and likely would be associated with preparing teachers to instruct in these topics or hire consultants to instruct on these topics and potentially to purchase materials and other tools to aid in instruction. Although this bill does not require teacher preparation on these topics, it is reasonable to assume some teachers will require additional supports to ensure their instruction complies with the bill's provisions. According to CDE data, in the 2018-19 academic year, about 1,600 LEAs offered about 12,000 courses in health education to about 170,000 students. If each LEA offering health courses spent $1,000 for teacher preparation and other costs to comply this bill, statewide costs to schools would be $1.6 million. Because LEAs opt into offering health education courses, placing additional requirements on these courses, as this bill does, likely would not constitute a state-mandated local program. 2) Minor and absorbable costs to CDE to develop a plan to increase mental health instruction in California public schools. According to CDE, its newly created Office of School-Based Health Programs can absorb this workload. SUPPORT: (Verified 9/2/21) California Alliance of Child & Family Services (co-source) California Association of Student Councils (co-source) California Youth Empowerment Network (co-source) Mental Health Services Oversight & Accountability Commission (co-source) National Alliance on Mental Illness (co-source) National Center for Youth Law (co-source) The Children's Partnership (co-source) AFSCME Alliance for Children’s Rights American Academy of Pediatrics American Civil Liberties Union – California Aviva Family and Children's Services California Academy of Child and Adolescent Psychiatry California Association for Bilingual Education California Association for Health, Physical Education, Recreation & Dance SB 224 Page 8 California Association of Local Behavioral Health Boards and Commissions California Association of Marriage and Family Therapists California Catholic Conference California Hospital Association California School-based Health Alliance Californians for Justice Californians Together CASA Pacifica Centers for Children and Families Children Now City of Santa Monica County Behavioral Health Directors Association of California Depression and Bipolar Support Alliance Disability Rights California Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Generation Up Hillsides Jewish Public Affairs Committee Los Angeles County Office of Education Mental Health America of Los Angeles National Association of Social Workers, California Chapter NextGen California Parent Institute for Quality Education Psychiatric Physicians Alliance of California Public Advocates San Francisco Unified School District Steinberg Institute The Kennedy Forum The Miles Hall Foundation United Parents Wellness Together Westcoast Children’s Clinic OPPOSITION: (Verified 9/2/21) None received ASSEMBLY FLOOR: 72-1, 9/2/21 AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Bennett, Berman, Bloom, Boerner Horvath, Bryan, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, SB 224 Page 9 Cooley, Cooper, Cunningham, Megan Dahle, Daly, Davies, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Lee, Levine, Low, Maienschein, Mathis, Mayes, McCarty, Mullin, Muratsuchi, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Seyarto, Smith, Stone, Ting, Valladares, Villapudua, Voepel, Waldron, Ward, Akilah Weber, Wicks, Wood NOES: Frazier NO VOTE RECORDED: Bigelow, Lorena Gonzalez, Medina, Nazarian, Nguyen, Rendon Prepared by: Brandon Darnell / ED. / (916) 651-4105 9/2/21 18:49:43 **** END **** Senate Bill No. 224 CHAPTER 675 Anact to addArticle 6 (commencing with Section51925) to Chapter 5.5 of Part 28 of Division 4 of Title 2 of the Education Code, relating to pupil instruction. [Approved by Governor October 8, 2021. Filed with Secretary of State October 8, 2021.] SB 224, Portantino. Pupil instruction: mental health education. Existing lawrequires, during the next revision of the publication“Health Framework for California Public Schools,” the Instructional Quality Commission to consider developing, and recommending for adoption by theStateBoardofEducation,adistinctcategoryonmentalhealthinstruction to educate pupils about all aspects of mental health. Existing law requires mental health instruction for these purposes to include, but not be limited to, specified elements, including reasonably designed and age-appropriate instruction on the overarching themes and core principles of mental health. This bill would require each school district, county office of education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health that meets the requirements of the bill, as specified. The bill would require that instruction to include, among other things, reasonably designed instruction on the overarching themes and core principles of mental health. The bill would require that instruction and related materials to, among other things, be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and culturalbackgrounds,pupilswithdisabilities,andEnglishlearners.Thebill wouldrequiretheStateDepartmentofEducationtodevelopaplantoexpand mental health instruction in California public schools on or before January 1, 2024. The people of the State of California do enact as follows: SECTION1. (a) TheLegislaturefindsanddeclaresallofthefollowing: (1) Mental health is critical to overall health, well-being, and academic success. (2) Mental health challenges affect all age groups, races, ethnicities,and socioeconomic classes. 93 (3) Millions of Californians, including at least one in five youths, live with mental health challenges. Millions more are affected by the mental healthchallengesof someoneelse,suchas aclosefriendorfamilymember. (4) Mentalhealtheducationisoneofthebest waystoincreaseawareness and the seeking of help, while reducing the stigma associated with mental health challenges. The public education system is the most efficient and effective setting for providing this education to all youth. (b) Fortheforegoingreasons,itistheintentoftheLegislatureinenacting this measure to ensure that all California pupils ingrades 1 to12, inclusive, have the opportunity to benefit from a comprehensive mental health education. SEC.2. Article6(commencingwithSection51925)isaddedtoChapter 5.5 of Part 28 of Division 4 of Title 2 of the Education Code, to read: Article 6. Mandatory Mental Health Education 51925. Each school district, county office of education, state special school,andcharterschoolthatoffersoneormorecoursesinhealtheducation to pupils in middle school or high school shall include in those courses instruction in mental health that meets the requirements of this article.This section shall not be construed to limit a school district, county office of education, state special school, or charter school in offering or requiring instructioninmentalhealthasspecifiedinthisarticle.This instructionshall include all of the following: (a) Reasonablydesigned instruction onthe overarching themes and core principles of mental health. (b) Defining signs and symptoms of common mental health challenges. Dependingonpupil age anddevelopmental level,thismayincludedefining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder. (c) Elucidatingthe evidence-basedservicesandsupports that effectively help individuals manage mental health challenges. (d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. (e) The ability to identify warning signs of common mental health problemsinordertopromoteawarenessandearlyinterventionsothatpupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following: (1) How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselorswithapupilpersonnel servicescredential,school psychologists, and school social workers, and in the community for themselves or others. 93 —2 —Ch. 675 (2) Evidence-based and culturally responsive practices that are proven to help overcome mental health challenges. (f) Theconnectionandimportanceofmentalhealthtooverall healthand academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse. (g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses,includingtheimpactofrace,ethnicity,andcultureontheexperience and treatment of mental health challenges. (h) Stigma surrounding mental health challenges and what can be done toovercomestigma,increaseawareness,andpromoteacceptance.Thisshall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance. 51926. Instruction and materials required pursuant to this article shall satisfy all of the following: (a) Be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. (b) Be accessible to pupils with disabilities, including, but not limited to,providinga modifiedcurriculum,materialsandinstructioninalternative formats, and auxiliary aids. (c) Not reflect or promote bias against any person on the basis of any category protected by Section 220. (d) Becoordinatedwithanyexistingon-campusmental healthproviders including, but not limited to, providers with a pupil personnel services credential, who may be immediately called upon by pupils for assistance. 51927. (a) This article does not limit a pupil’s healthand mental health privacy or confidentiality rights. (b) A pupil receiving instruction pursuant to this article shall not be required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including, but not limited to, for the purpose of the peer component described in subdivision (h) of Section 51925. 51928. For purposes of this article, the following definitions apply: (a) “Ageappropriate”hasthesamemeaningasdefinedinSection51931. (b) “Englishlearner”hasthesamemeaningasdefinedinSection51931. (c) “Evidence-based”meansverifiedorsupportedbyresearchconducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field. (d) “Instructors trained in the appropriate courses” means instructors withknowledgeofthemostrecentevidence-basedresearchonmentalhealth. 93 Ch. 675—3 — 51929. On or before January 1, 2024, the department shall develop a plan to expand mental health instruction in California public schools. O 93 —4 —Ch. 675