BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 884 (Beall) - Special education: procedural safeguards and records ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 13, 2016 |Policy Vote: ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 9, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: This bill requires, among other things, local educational agencies (LEAs) and special education local plan areas (SELPAs) to collect and report specific information regarding special education and related services; requires the California Department of Education (CDE) to monitor and compare specific information; and requires specific local and state accounting and reporting of each special education and related service. Fiscal Impact: Mandate costs: This bill imposes several mandated activities that would drive unknown but likely substantial costs to the state, potentially in the mid to high tens of millions, if the Commission on State Mandates determines these activities to be reimbursable. If so, this could also result in pressure to SB 884 (Beall) Page 1 of ? increase the K-12 mandate block grant. See staff comments. (Proposition 98) Administrative costs: The CDE estimates one-time costs of $300,000 and ongoing costs of $400,000 to implement this bill. One-time activities include making changes to the school accounting manual and software that collects financial data. (General Fund) Background: Existing federal and state law provide that every individual with exceptional needs who is eligible to receive special education instruction and related services shall receive that instruction and those services through a free appropriate public education in the least restrictive environment. (United States Code, Title 20, § 1412; Code of Federal Regulations, Title 34, § 300.101 and § 300.114; Education Code § 56040 and § 56040.1) Existing federal and state law provide that the IEP is a written statement for each individual with exceptional needs that is developed, reviewed, and revised by the IEP team, as specified, and must include certain components. Federal law only requires schools to provide special education services to students with diagnosed disabilities that interfere with their educational attainment. Federal and state law also require the instruction and related services detailed in an IEP to be provided irrespective of the internal capacity of the school to provide the instruction and services. Schools use a variety of funds to provide required services in an IEP. For mental health, schools use restricted mental health funds, federal and state special education funds, and many also use unrestricted general funds. Schools may also be reimbursed for some costs through Medi-Cal (or even private insurance) for providing some mental health services to eligible students. According to the author, this bill is in response to the Bureau of State Audits report, Student Mental Health Services: Some Students' Services Were Affected by a New State Law, and the SB 884 (Beall) Page 2 of ? State Needs to Analyze Student Outcomes and Track Service Costs. This bill seeks to address transparency and accountability issues within LEAs delivering mental health services to K-12 students. Proposed Law: This bill: Expands the requirement for SELPAs to provide procedural safeguards to parents. Requires SELPAs to develop additional written policies and procedures regarding specified informational materials and make them available to LEAs. Expands the required content of a student IEP. Expands the instances in which a prior written notice is required to be provided to the parents or guardians. Expands the required contents of the notice to include a link on the CDE's website that provides the contact information for all family empowerment centers and parent training and information centers in the SELPA or a printed copy of that information upon request. Requires an LEA to ensure a copy of each prior written notice given is included in the student's records. Requires specific local and state accounting and reporting of each special education and related service. Requires an LEA to annually report to the CDE outcomes of special education services pertaining to several indicators. SB 884 (Beall) Page 3 of ? Requires the CDE to monitor special education related services to identify and investigate any significant declines in services and review for accuracy LEAs' procedures for prior written notices. Related Legislation: SB 1113 (Beall) authorizes LEAs to enter into partnerships, as specified, with county mental health plans for the provision of Early and Periodic Screening, Diagnosis, and Treatment mental health services and to expand the allowable uses of specified mental health funds. SB 1113 is scheduled to be heard by this committee on May 9, 2016. Staff Comments: This bill imposes several new mandates on LEAs that go beyond federal special education law. Costs related to state-mandated activities included in this bill are unknown and will likely vary by LEA. Some of the costs are driven by required activities applicable to each of the state's over 700,000 children receiving special education and other costs are driven by requirements imposed on either the state's approximately 130 SELPAs or 1,000 LEAs. This bill requires LEAs to annually report to the CDE, the actual frequency and duration of each related service provided pursuant to a student's IEP. According to federal law, related services means transportation, and developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, as specified) and includes early identification and assessment of disabling conditions in children. LEAs are also not currently required to document the actual services that have been provided in contrast to what is delineated in the IEP. Presumably, to implement this requirement, LEAs would have to create a tracking system in which staff would record planned IEP services and actual SB 884 (Beall) Page 4 of ? services that were performed for each student and for each service, compile the information, and report it to the CDE. Other costs include: requiring the type of provider for each related service to be included in IEPs; documenting and reporting to the CDE all mental health and special education services funding allocations and expenditures, for each service; and reporting student outcome data to the CDE. If school staff spent two hours to implement these requirements for each student with an IEP in the state, costs would reach $70 million. The requirements to provide parents procedural safeguards beyond the existing requirement of once per year, and a prior written notice upon a change in the type or level of service in an IEP, could result in additional costs in the hundreds of thousands. Finally this bill also imposes requirements on SELPAs that could drive state costs of at least in the tens of thousands. These include developing additional written policies and procedures requiring LEAs to provide specified informational materials, translating them into common languages, and updating written notices to include required information. -- END --