BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 884 (Beall) - Special education:  procedural safeguards and  
          records
          
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          |Version: April 13, 2016         |Policy Vote: ED. 9 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 9, 2016       |Consultant: Jillian Kissee      |
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          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  







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            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  








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          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. 









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                 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  








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          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.




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