Legal Update Memo No. 29-2018 – Governor Brown Signs Bill Requiring Notification to Parents Regarding Available Mental Health Services for Students (AB 2022) (K-12)
The Governor signed Assembly Bill (“AB”) 2022 on September 18, 2018, which effective on January 1, 2019, adds Education Code § 49428.[1]
This law will require school districts, county offices of education, and charter schools to notify students and their parents no less than twice per school year on how to access available mental health resources at a student’s school and in the community.
The school shall use at least two of the following methods to notify parents:
- Distributing the information in a letter electronically or in hardcopy, including, but not limited to, through the postal service;
- Including the information in the parent handbook at the beginning of the school year in accordance with Section 48980; or
- Posting the information on the school’s Internet Web site or social media Internet Web page.
The school shall use at least two of the following methods to notify students:
- Distributing the information in a document or school publication electronically or in hardcopy;
- Including the information in pupil orientation materials at the beginning of the school year or in a pupil handbook; or
- Posting the information on the school’s Internet Web site or social media Internet Web page.
To help defray the costs of a school providing the required notices, a County may use funds from the Mental Health Services Act (“MHSA”)[2] to provide a grant to schools and schools may apply to the County for a grant (if offered by the County).
Please contact our office with questions regarding this Legal Update or any other legal matter.
Legal Update written by Carl D. Corbin, General Counsel.
The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.
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[1] Available at: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB2022.
[2] An initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election.
