AMENDED IN SENATE AUGUST 20, 2026

AMENDED IN ASSEMBLY APRIL 6, 2026

AMENDED IN ASSEMBLY MARCH 19, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

96

Introduced by Assembly Member Celeste Rodriguez

February 20, 2026

An act to add Sections 49428.12 and 49428.3 to the Education Code, relating to pupil health.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

(1) 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. 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. Existing law requires the State Department of Education, on or before June 1, 2025, to develop model referral protocols for addressing pupil behavioral health concerns, as provided.

This bill would require the department, on or before July 1, 2027, in consultation with appropriate stakeholders, to review and, as necessary, update the model referral protocols to include guidance on providing equity-centered mental health supports in case of a local emergency related to immigration enforcement activities or deportations of pupils or their family members, and would require the department to post the updated model referral protocols on its internet website on or before July 1, 2027. members.

(2) Existing law requires the governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, before January 31, 2026, to adopt a policy on referral protocols for addressing pupil behavioral health concerns in grades 7 to 12, inclusive, as provided.

This bill would require the governing boards and bodies of those local educational agencies, on or before July 1, 2028, to adopt, at a regularly scheduled public meeting, an update to review and, as necessary, update that policy to include guidance on providing equity-centered mental health supports in case of a local emergency related to immigration enforcement activities or deportations of pupils or their family members. The bill would require the authorize an updated policy (A) to either be based on the updated model referral protocols developed by the department or developed in consultation with school and community stakeholders and school-linked behavioral health professionals, and (B) would require the updated policy to, at a minimum, address procedures relating to referrals to behavioral health professionals and support services. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.

(a) The Legislature finds and declares all of the following:

(1) Pupil mental health needs are widespread and urgent. The State Department of Education has reported that one in five schoolaged youth experiences mental health issues that interfere with learning and that more than half of young people with mental health needs remain untreated or undertreated.

(2) Pupils from immigrant families face heightened and distinct harms during periods of increased immigration enforcement. The State Department of Education has stated that it is providing resources to preserve access to education for pupils from immigrant families during times of “increased fear of immigration enforcement” and has recognized that the threat of immigration enforcement can impair the ability of many pupils, including both pupils who are undocumented and pupils who are United States citizens, to thrive in school. The State Department of Education also reports that approximately half of California’s pupils are members of immigrant families and that one in five children in California are members of mixed-status families, the vast majority of whom are United States citizens.

(3) Immigration raids and enforcement activity can directly disrupt school attendance and opportunities to learn. A 2025 Stanford study found that pupil absences increased by 22 percent in Central Valley school districts affected by immigration raids, with especially pronounced effects among younger pupils.

(4) The impact of immigration enforcement is not limited to attendance. Reporting from CalMatters in 2025 documented that immigration raids were straining the mental health of children and school communities across California, that children need routine to thrive academically and emotionally, and that sudden increases in immigration-related fear can make it harder for schools to detect behavior changes and mental health symptoms and to respond effectively.

(5) California has long recognized the right of all children to access public education regardless of immigration status. The United States Supreme Court held in Plyler v. Doe (457 U.S. 202) that all children have a right to a free public education regardless of immigration status and the State Department of Education continues to reaffirm that right.

(6) California law already limits schoolsite cooperation with immigration enforcement to protect access to education. Existing state law prohibits school officials and employees of a local educational agency from allowing an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a schoolsite for any purpose without a valid judicial warrant, judicial subpoena, or court order. Local school guidance has accordingly emphasized safe-haven policies, legal review of warrants, and procedures for protecting pupil rights on campus.

(7) Local educational agencies are increasingly being encouraged to develop ad hoc emergency response systems to address immigration-enforcement activity affecting students and families. The Los Angeles County Office of Education’s Supporting Immigrant Students and Families Toolkit recommends safe-haven policies, schoolsite protocols for responding to immigration officials, staff training on the impact of deportation on pupils and families, emergency response planning, counseling for pupils whose family members have been detained, and referral pathways to mental health professionals and community-based organizations. These local efforts demonstrate both the seriousness of the harm and the need for broader statewide guidance so schools are not left to respond inconsistently to pupil trauma and family crisis.

(8) California has taken important steps to address pupil behavioral health through model referral protocols and local referral policies, including a multitiered system of supports approach, but those measures do not by themselves provide broader guidance to help schools respond consistently when communitywide trauma, fear of family separation, and local emergencies destabilize pupils and families. Local guidance now calls not only for referrals, but also for emergency communication plans, trauma-informed staff training, counseling for pupils affected by detention, family crisis planning, and partnerships with legal aid and mental health providers, underscoring the need for a more comprehensive statewide guidance.

(b) Therefore, it is the intent of the Legislature to ensure that schools are better prepared to respond when pupils are affected by trauma, fear, and instability by requiring the update of the model referral protocols to include guidance for pupils impacted by immigration enforcement that strengthens early identification, culturally responsive and multilingual support, family and community partnerships, and continuity of care.

SEC. 2.

Section 49428.12 is added to the Education Code, to read:

49428.12.

(a) The On or before July 1, 2027, the department, in consultation with appropriate stakeholders, shall review and, as necessary, update the model referral protocols for addressing pupil behavioral health concerns developed pursuant to Section 49428.1 to include ensure that they include guidance on providing equity-centered mental health supports in case of a local emergency related to immigration enforcement activities or deportations of pupils or their family members.

SEC. 3.

Section 49428.3 is added to the Education Code, to read:

49428.3.

(a) On or before July 1, 2028, the governing board or body of a local educational agency shall adopt, at a regularly scheduled public meeting, an update to the review and, as necessary, update its policy on referral protocols for addressing behavioral health concerns adopted pursuant to Section 49428.2, to include ensure that it includes guidance on providing equity-centered mental health supports in case of a local emergency related to immigration enforcement activities or deportations of pupils or their family members.

(b) The An updated policy adopted pursuant to subdivision (a) shall may be either based on the updated model referral protocols developed by the department pursuant to Section 49428.12 or developed in consultation with school and community stakeholders and school-linked behavioral health professionals, and shall, at a minimum, address procedures relating to referrals to behavioral health professionals and support services.

(c) Policies adopted before January 1, 2027, by the governing board or body of a local educational agency may be considered to meet the requirements of this section, if they fulfill the requirements of this section. include the guidance specified in subdivision (a).

SEC. 4.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.