BILL NUMBER: SB 884 AMENDED
BILL TEXT
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
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 include an
audit procedure audit procedures to review
whether specified funding funding, which the
bill would subject to existing state and federal audit requirements,
for educationally related mental health services required by an
individualized education program received by local educational
agencies and charter schools was used for its
intended purpose. 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. 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:
SECTION 1. Section 14509 is added to the
Education Code, to read:
14509. The audit guide shall include an audit procedure to review
whether the funding appropriated in Items 6100-161-0001 and
6100-161-0890 of the annual Budget Act and received by local
educational agencies and charter schools, as applicable, for
educationally related mental health services required by an
individualized education program was used for its intended purpose.
SECTION 1. Section 14509 is added to the
Education Code , to read:
14509. The funding appropriated in Item 6100-161-0001 of the
annual Budget Act for mental health services shall be subject to
existing state and federal audit requirements. Audit procedures shall
be included in the audit guide to review whether funding for
educationally related mental health services pursuant to this item
was used by local educational agencies for its intended purposes in
the 2016-17 fiscal year. These audit procedures shall be included in
future fiscal years if the addition of these procedures is
recommended by the Controller pursuant to subdivision (a) of Section
14502.1. If any mental health audit findings are generated through
this process, the Superintendent shall ensure that the local
educational agency has either corrected or developed a plan of
correction for state and federal mental health funds pursuant to
subdivision (m) of Section 41020.
SEC. 2. Section 56415 is added to the Education Code, to read:
56415. The department shall 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. The
department shall include this link on all sample procedural safeguard
forms for which it maintains translations.
SEC. 3. The State Department of Education shall create a report on
its compliance findings and corrective action plans related to the
provision of mental health services for pupils with individualized
education programs using data the department collects through its
verification and comprehensive reviews, including those targeted and
any randomly chosen for review. The department shall send this report
to the appropriate fiscal and policy committees of the Legislature
by June 30, 2017.
SEC. 4. (a) The State Department of Education shall create a
report on pupil outcomes for pupils receiving mental health services
through an individualized education program. The data used to create
this report shall already be maintained by the department and shall
be reported to the extent permitted under state and federal laws
regarding the privacy of pupil information. These outcomes shall
include all of the following:
(1) Graduation rate. rates.
(2) Dropout rate. rates.
(3) Statewide assessment results.
(4) Suspension and expulsion rates.
(5) Participation in general education classes.
(6) Postschool outcomes.
(b) The department shall send this report to the appropriate
fiscal and policy committees of the Legislature by June 30, 2017.