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Compliance Checklist: Policy on Referral Protocols for Addressing Student Behavioral Health Concerns (Education Code §49428.2)

What the New Law Means for Your School

Education Code §49428.2 requires all LEAs (including charter schools) serving students in grades 7-12 to adopt a student behavioral health referral policy by January 31, 2026. The policy must be adopted at a regularly scheduled meeting of the governing board and developed in consultation with school and community stakeholders and school-linked behavioral health professionals.

The policy must address:

  • Procedures relating to referrals to behavioral health professionals and support services; 
  • The needs of certain high-risk student groups (e.g., pupils bereaved by death or loss of a close family member or friend, pupils experiencing homelessness, and more); and
  • Required training for teachers of students in grades 7-12 on pupil behavioral health.

LEAs required to adopt this policy also must provide certification of compliance with staff training requirements to the California Department of Education (“CDE”) on or before July 1, 2029.

Support for Implementation 

YM&C has developed a customizable template policy to help your school distinguish between legally required provisions and CDE-recommended best practices, and to guide your school in appropriately tailoring the policy to fit your school’s program and student population.

To request a sample policy and/or for guidance on tailoring the policy to your school, please contact Mariam Babayan or Cassandra Bridge.

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Mariam Babayan, Esq.
Senior Counsel
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Cassandra Bridge, Esq.
Cassandra Bridge, Esq.
Associate
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Young, Minney & Corr, LLP’s Legal Alerts provide general information about events of current legal importance; they do not constitute legal advice. As the information contained here is necessarily general, its application to a particular set of facts and circumstances may vary. We do not recommend that you act on this information without consulting legal counsel.