BILL ANALYSIS Ó AB 1644 Page 1 ASSEMBLY THIRD READING AB 1644 (Bonta) As Amended May 27, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Education |7-0 |O'Donnell, Olsen, | | | | |Kim, McCarty, | | | | |Santiago, Thurmond, | | | | |Weber | | | | | | | |----------------+-----+----------------------+--------------------| |Health |18-0 |Wood, Maienschein, | | | | |Bonilla, Burke, | | | | |Campos, Chiu, | | | | |Dababneh, Gomez, | | | | | | | | | | | | | | |Roger Hernández, | | | | |Lackey, Nazarian, | | | | |Olsen, Patterson, | | | | | | | | | | | | | | |Ridley-Thomas, | | | | |Santiago, Steinorth, | | | | |Thurmond, Waldron | | AB 1644 Page 2 | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Recasts and renames the Early Mental Health Initiative (EMHI) as the HEAL Trauma in Schools Act, expands the program to serve preschool and transitional Kindergarten students, and establishes an initiative to encourage and support local decisions to provide funding for services offered in that program. Specifically, this bill: 1)Renames the EMHI as the Healing from Early Adversity to Level the impact of Trauma in Schools Act or the HEAL Trauma in Schools Act. 2)Expands the definition of eligible pupils to include preschool and transitional Kindergarten students, and extends the program to charter schools. 3)Names the Department of Public Health (DPH), and the Director of the DPH as the administrators of the program. AB 1644 Page 3 4)Requires that, in determining which students receive services under the program, local educational agencies prioritize children who have been exposed to childhood trauma, including students in foster care and students who are homeless. 5)Includes, as services which may be funded under the program, evidence-based interventions and promising practices intended to mitigate the consequences of childhood adversity and cultivate resilience and protective factors. 6)Establishes the School-Based Early Mental Health Intervention and Prevention Services Support Program, administered by the DPH, in consultation with the Superintendent of Public Instruction (SPI), the Director of Health Care Services, and the Attorney General to encourage and support local decisions to provide funding for the eligible support services. 7)Requires the DPH to provide outreach to local education agencies (LEAs) and county mental health agencies to inform them of the program. 8)Requires the DPH to provide free regional training on eligible support services, including individual and group intervention and prevention services, parent engagement, teacher and staff conferences and training, referral to outside resources, use of trained and supervised paraprofessional staff, and other services to improve student mental health, particularly evidence-based interventions and promising practices intended to mitigate the consequences of childhood adversity and cultivate resilience and protective factors. 9) Requires the DPH to also provide free regional training on: AB 1644 Page 4 a) The potential for the support services to help fulfill state priorities described by the local control funding formula (LCFF) and local control and accountability plans (LCAPs) b) How educational, mental health, and other funds subject to local control can be used to finance the eligible support services c) External resources available to support the eligible support services, including workshops, training, conferences, and peer learning networks d) State resources available to support student mental health and positive, trauma-informed learning environments 10) Requires DPH to provide technical assistance to LEAs, including assistance in designing programs, training staff; and conducting evaluations; coordination with county mental health agencies and professionals; and leveraging local funds. 11) Requires the DPH to select and support schoolsites as follows: a) Requires, during the first 12 months of the program, the DPH to support, strengthen, and expand the provision of eligible services at schoolsites that previously received funding for EMHI and have continued to provide eligible support services b) Requires the DPH to develop a process to identify schoolsites that demonstrate the willingness and capacity AB 1644 Page 5 to participate in the program c) Requires the DPH, during the subsequent 36 months of the program, to select new schoolsites that are not providing eligible support services but that demonstrate the willingness and capacity to participate in the program. Requires the DPH to work with these schoolsites to deliver eligible support services 12) Requires the DPH to prioritize school sites in communities that have experienced high levels of childhood adversity, such as adverse childhood experiences and childhood trauma, and schoolsites that prioritize children who have been exposed to childhood trauma, such as students in foster care and those who are homeless. Also prioritizes geographic diversity, program effectiveness, program efficiency, and long-term sustainability. 13) Requires the DPH to submit an interim report to the Legislature at the end of the second year of the program, and to submit an evaluation at the end of the four year pilot and submit it to the Legislature. 14) States that implementation of the support program is contingent upon an appropriation in the annual budget act, and sunsets the support program on January 1, 2022. FISCAL EFFECT: According to the Assembly Appropriations Committee: 1) General Fund administrative costs to the Department of Public Health (DPH) of approximately $300,000 to oversee the program, provide outreach, free regional training, and technical AB 1644 Page 6 assistance to school sites over four years. DPH would also incur costs related to interim reporting requirements and final evaluation of program. 2) Proposition 98 General Fund (GF) cost pressure, in the millions of dollars, to fund grants pursuant to the HEAL Trauma in Schools Act. Grants are contingent upon an appropriation in the annual budget act. The Assembly Budget proposes $6 million GF for this program. COMMENTS: Need for the bill. The author states: "For 20 years, the EMHI Matching Grant Program was a highly successful state program that provided matching grants to local education agencies to provide school-based mental health supports to young pupils experiencing mild to moderate school adjustment difficulties. EMHI supported Primary Intervention Programs consisting of one-on-one services or services delivered in small groups to address social skills, anger management, friendship groups, or topic-specific issues such as bullying or divorce; and indirect services such as parent and teacher services and classroom curricula. "The EMHI Matching Grant Program served over 15,000 children per year and its services were in great demand. Despite its success and the demand for services, the program was defunded in 2012. Additionally, with the dissolution of the Department of Mental Health, its oversight and agency was eliminated, effectively ending the program. "Studies such as the Centers for Disease Control's Adverse Childhood Experiences (ACE) study indicate that childhood exposure to abuse, neglect, and other traumatic experiences has AB 1644 Page 7 lifelong health impacts. Left unaddressed, ACEs expose children to toxic stress, keeping them in a constant state of fight-or-flight and taking years off their lives and damaging their health. I believe that restoring and expanding the EMHI Program is a significant step towards addressing the harmful and long-lasting effects of ACEs, and will give our children a better shot at success." EMHI program history and outcomes. In 1981 the Legislature created the Primary Prevention Project, now named the Primary Intervention Program, and in 1991 created the School-based Early Mental Health Intervention and Prevention Services for Children Program (EMHI). From 1992 to 2012, the Department of Mental Health awarded matching grants to LEAs to fund prevention and early intervention programs, including EMHI. In the 2011-12 fiscal year, the EMHI received $15 million in state funds, and there was significant unmet demand for services. At its peak, there were 15,823 students receiving EMHI-funded services. Funding for the program was eliminated in 2012. It is now a local decision whether to continue this program without state matching grant support. According to the author, the legislation authorizing this program set a target of at least 75% of the participating children showing an improvement in at least one of the following four areas: learning behaviors, attendance, school adjustment, and school-related competencies. A 2010-11 evaluation showed that 79% had met that target. When state funding for this program was eliminated, LEAs could continue the program using local resources, and limited evidence suggests that some have continued to operate programs using a range of funding, from federal Title I funds to county mental AB 1644 Page 8 health funding, to local general purpose funds. The Adverse Childhood Experiences study and trauma-informed practices. The Adverse Childhood Experiences (ACE) study is a landmark investigation into associations between childhood maltreatment and later-life health and well-being. The ACE study is a collaboration between the Centers for Disease Control and Prevention and Kaiser Permanente's Health Appraisal Clinic in San Diego. The ACE study uses a score to represent the degree to which a person has experienced traumatic events. One point is recorded for each type of trauma exposure in the areas of abuse, neglect, and household dysfunction, and the points add up to a score ranging from 0 to 10. The higher an ACE score, the greater one's risk of a broad range of health, mental health, and at-risk behaviors. The ACE Study has shown that adverse childhood experiences are major risk factors for the leading causes of illness and death, as well as poor quality of life. Related research has also demonstrated a strong association between high ACE scores and poor performance in school, including a higher risk of learning and behavior problems. Other research into the effects of chronic stress (often caused by ACEs) on children, has identified a profound effect on the developing brain, which in turn affects school performance and behavior. Recognition of the impact of these childhood experiences has led to the development and increasing use of "trauma-informed" approaches in a variety of fields, including education. Broadly speaking, trauma-informed practices in schools are those which involve 1) a realization of the widespread prevalence and impact of trauma, 2) recognition of signs of traumatic exposure, 3) responses grounded in evidence-based practices, and 4) resisting AB 1644 Page 9 the re-traumatization of students [definition from the federal Substance Abuse and Mental Health Agency (SAMHSA)]. Examples of such practices in schools include professional development for educators on the role of trauma in learning, classroom management practices and discipline policies focused on conflict resolution and restorative practices, and even instructional modifications which address the specific learning needs of students exposed to trauma. Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0003353