Amended in Assembly August 1, 2016

Amended in Assembly June 30, 2016

Amended in Senate May 31, 2016

Amended in Senate April 13, 2016

Amended in Senate March 17, 2016

Senate BillNo. 884


Introduced by Senator Beall

January 19, 2016


An act to add Sections 14509 and 56415 to the Education Code, relating to special education.

LEGISLATIVE COUNSEL’S DIGEST

SB 884, as amended, Beall. Special education: mental health services.

Existing law requires the Superintendent of Public Instruction to administer the special education provisions of the Education Code and ensure provision of, and supervise, education and related services to individuals with exceptional needs, as required pursuant to the federal Individuals with Disabilities Education Act. Existing law provides for the establishment of Family Empowerment Centers on Disability to, among other things, ensure that children and young adults with disabilities receive the necessary educational support and services they need to complete their education.

Existing law separately requires the Controller, in consultation with the Department of Finance, the State Department of Education, and specified other entities, to propose the content of an audit guide for purposes of carrying out financial and compliance audits for local educational agencies.

This bill would require the audit guide to includebegin delete an audit procedureend deletebegin insert audit proceduresend insert to review whether specifiedbegin delete fundingend deletebegin insert funding, which the bill would subject to existing state and federal audit requirements,end insert for educationally related mental health services required by an individualized education program received by local educational agenciesbegin delete and charter schoolsend delete was used for its intendedbegin delete purpose.end deletebegin insert purpose in the 2016-17 fiscal year, and would require these audit procedures to be included in future fiscal years if recommended by the Controller, as specified.end insert The bill would require the State Department of Education to include a link on the sample procedural safeguards maintained on its Internet Web site to the page on its Internet Web site that lists family empowerment centers and to include the link on specified forms. The bill would require the department to submit 2 reports, as specified, relating to the provision of mental health services to pupils through an individualized education program to the appropriate fiscal and policy committees of the Legislature by June 30, 2017.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin deleteP2    1

SECTION 1.  

Section 14509 is added to the Education Code,
2to read:

3

14509.  

The audit guide shall include an audit procedure to
4review whether the funding appropriated in Items 6100-161-0001
5and 6100-161-0890 of the annual Budget Act and received by
6local educational agencies and charter schools, as applicable, for
7educationally related mental health services required by an
8individualized education program was used for its intended
9purpose.

end delete
10begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 14509 is added to the end insertbegin insertEducation Codeend insertbegin insert,
11to read:end insert

begin insert
12

begin insert14509.end insert  

The funding appropriated in Item 6100-161-0001 of
13the annual Budget Act for mental health services shall be subject
14to existing state and federal audit requirements. Audit procedures
15shall be included in the audit guide to review whether funding for
16educationally related mental health services pursuant to this item
17was used by local educational agencies for its intended purposes
18in the 2016-17 fiscal year. These audit procedures shall be
19included in future fiscal years if the addition of these procedures
P3    1is recommended by the Controller pursuant to subdivision (a) of
2Section 14502.1. If any mental health audit findings are generated
3through this process, the Superintendent shall ensure that the local
4educational agency has either corrected or developed a plan of
5correction for state and federal mental health funds pursuant to
6 subdivision (m) of Section 41020.

end insert
7

SEC. 2.  

Section 56415 is added to the Education Code, to read:

8

56415.  

The department shall include a link on the sample
9procedural safeguards maintained on its Internet Web site to the
10page on its Internet Web site that lists family empowerment centers.
11The department shall include this link on all sample procedural
12safeguard forms for which it maintains translations.

13

SEC. 3.  

The State Department of Education shall create a report
14on its compliance findings and corrective action plans related to
15the provision of mental health services for pupils with
16individualized education programs using data the department
17collects through its verification and comprehensive reviews,
18including those targeted and any randomly chosen for review. The
19department shall send this report to the appropriate fiscal and policy
20committees of the Legislature by June 30, 2017.

21

SEC. 4.  

(a) The State Department of Education shall create a
22report on pupil outcomes for pupils receiving mental health services
23through an individualized education program. The data used to
24create this report shall already be maintained by the department
25and shall be reported to the extent permitted under state and federal
26laws regarding the privacy of pupil information. These outcomes
27shall include all of the following:

28(1) Graduationbegin delete rate.end deletebegin insert rates.end insert

29(2) Dropoutbegin delete rate.end deletebegin insert rates.end insert

30(3) Statewide assessment results.

31(4) Suspension and expulsion rates.

32(5) Participation in general education classes.

33(6) Postschool outcomes.

34(b) The department shall send this report to the appropriate fiscal
35and policy committees of the Legislature by June 30, 2017.



O

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