BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 884|
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                                   THIRD READING 


          Bill No:  SB 884
          Author:   Beall (D) 
          Amended:  5/31/16  
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  9-0, 4/6/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  
            Vidak

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SUBJECT:   Special education:  procedural safeguards and  
                     records


          SOURCE:    Author


          DIGEST:  This bill requires local educational agencies (LEAs)  
          and special education local plan areas to collect and report  
          specific information relative to mental health services,  
          requires the California Department of Education to monitor and  
          compare specific information relative to mental health services,  
          and requires LEAs to provide specified informational materials  
          to parents.

          ANALYSIS:  

          Existing federal and state law:

           1) Provides that every individual with exceptional needs who is  
             eligible to receive special education instruction and related  








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             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 law:

           2) Provides that 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  
             designed to enable a child with a disability to receive a  
             free appropriate public education as described in the  
             individualized education program of the child, counseling  
             services, including rehabilitation counseling, orientation  
             and mobility services, and medical services, except that such  
             medical services shall be for diagnostic and evaluation  
             purposes only) as may be required to assist a child with a  
             disability to benefit from special education, and includes  
             early identification and assessment of disabling conditions  
             in children.  (United States Code, Title 20 § 1401(26); Code  
             of Federal Regulations, Title 34 § 300.34)

          Existing state law: 

          Outcomes for students with exceptional needs

           3) Requires the Superintendent of Public Instruction (SPI) to  
             ensure that student and program performance results are  
             monitored at the state and local levels by evaluating student  
             performance against key performance indicators.

           4) Requires the SPI, as part of state monitoring and  
             enforcement, to use quantifiable indicators, and qualitative  
             indicators as needed, to adequately measure performance in  
             the indicators established by the United States Secretary of  
             Education in the priority areas, as described.  (EC §  
             56600.6)

          Reporting by LEAs








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           5) Requires each special education local plan area (SELPA) to  
             submit to the SPI at least annually information in order for  
             the SPI to carry out the evaluation responsibilities  
             described above.  (EC § 56601) 

          Existing federal and state law:

          Notification

           6) Requires parents to be given a copy of their rights and  
             procedural safeguards only one time a school year, except  
             that a copy also must be given to the parents:

              a)    Upon initial referral or parental request for  
                assessment.

              b)    Upon receipt of the first state complaint in a school  
                year.

              c)    Upon receipt of the first due process hearing request  
                in a school year.

              d)    When a decision is made to make a removal that  
                constitutes a change of placement because of a violation  
                of a code of student conduct.

              e)    Upon request by a parent.  (EC § 56301; United States  
                Code, Title 20 § 1415(d)(1)(A); Code of Federal  
                Regulations, Title 34, § 300.50(a))

          Existing state law:

          7)Requires, also, an LEA, when convening an individualized  
            education program team meeting, to inform the parent and  
            student of the federal and state procedural safeguards that  
            were provided in the notice of parent rights.  (EC § 56500.1)

          Prior written notice

          Existing federal and state law:

           8) Requires LEAs to provide prior written notice to parents and  
             in a reasonable time before the LEA proposes to initiate a  
             change, or refuses to initiate or change the identification,  







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             assessment, or educational placement of the student, or the  
             provisions of free appropriate public education to the  
             student.  

          9)Requires the notice to include all of the following:

              a)    A description of the action proposed or refused by the  
                LEA.

              b)    An explanation of why the LEA proposes or refuses to  
                take the action.

              c)    A description of each assessment procedure,  
                assessment, record, or report the LEA used as a basis for  
                the proposed or refused action.

              d)    A statement that the parents have protection under the  
                procedural safeguards and the means by which a copy of a  
                description of the procedural safeguards can be obtained.

              e)    Sources for parents to contact to obtain assistance in  
                understanding laws.  

              f)    A description of other options that the individualized  
                education program (IEP) team considered and the reasons  
                why those options were rejected.

              g)    A description of other factors that are relevant to  
                the proposal or refusal of the LEA.  (United States Code,  
                Title 20 § 1415; Code of Federal Regulations, Title 34, §  
                300.503; EC § 56500.4)

          This bill:  

          Frequency and duration of mental health services

           1) Requires the LEA that is responsible for implementation of a  
             student's IEP to annually report to the California Department  
             of Education (CDE) the actual frequency and duration of each  
             mental health service provided to the student pursuant to the  
             student's IEP.  

          Student outcomes








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           2) Requires each LEA, for each student receiving IEP mental  
             health services, to annually provide to the CDE the data  
             needed to document the student's outcomes on all of the  
             following outcome indicators that are applicable to the  
             student: 

              a)    Graduation rate.
              b)    Dropout rate.
              c)    Statewide assessment results.
              d)    Suspension and expulsion rates.
              e)    Participation in general education classes.
              f)    Post school outcomes.  

          CDE monitoring

           3) Requires the CDE to monitor the number and frequency of  
             mental health services reported annually by LEAs and compare  
             year-to-year changes for each LEA.  This bill requires the  
             CDE to investigate the cause for any significant decline in  
             service provision.  

           4) Requires the CDE, as part of its monitoring activities, to  
             review each LEA's procedures and documents used to meet the  
             prior written notice requirement, and require corrections to  
             those procedures and documents if the CDE finds that the  
             procedures or documents do not fulfill statutory  
             requirements.  

          Accounting

           5) Requires a SELPA to document and report to the CDE all  
             mental health and special education services funding  
             allocations and expenditures, and specify the dollar amount  
             for each service.  This bill requires the CDE to post the  
             information on its Web site.  

           6) Requires the CDE align accounting code systems to allow the  
             CDE and school districts or SELPAs to accurately document the  
             amount of funds expended for the provision of mental health  
             and special education services from each funding source.  

          Prior written notice

           7) Requires the LEA that is responsible for implementation of a  







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             student's IEP to ensure that a copy of each prior written  
             notice given to the student's parents is included in the  
             student's records. 

          Notification to parents

           8) Requires each SELPA to require each LEA to provide  
             informational materials, including, but not limited to,  
             student and parent rights and information regarding family  
             empowerment centers and parent training and information  
             centers in their community.  

           9) Requires the information to be provided in the three most  
             common languages used by parents served by the LEA and the  
             SELPA, and be made available for LEAs to provide to their  
             parents in the annual parent notification information.  

           10)Requires the existing annual notification to parents to also  
             include the informational materials relating to special  
             education pursuant to 8) and 9) above.


          Comments


          Recent State audit.  The Bureau of State Audits released a  
          report in January 2016, Student Mental Health Services: Some  
          Students' Services Were Affected by a New State Law, and the  
          State Needs to Analyze Student Outcomes and Track Service Costs.  
           The audit noted key points:  the most commonly offered types of  
          mental health services and the providers of those services  
          generally did not change; the number of students who received  
          these mental health services remained steady or grew; the  
          provider of the most common mental health services generally had  
          already been, and continues to be, the local educational agency;  
          the majority of changes to services were unrelated to AB 114  
          (Budget Committee, Chapter 43, Statutes of 2011).

          However, the audit also noted that: LEAs removed mental health  
          services from student IEPs in the two years after AB 114 took  
          effect, yet some IEPs did not include the rationale for such  
          changes; LEAs and the CDE do not know whether student outcomes  
          have been affected by AB 114; LEAs could not determine their  
          total costs to provide mental health services; some have not  







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          spent all the funding they received that is dedicated for mental  
          health services.


          How schools provide mental health services.  Most of the mental  
          health services provided by schools are within the context of  
          meeting the requirements specified in a student's IEP.  Federal  
          and state law requires 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 employ qualified staff directly as well as contract with  
          county mental health agencies or private providers.

          Schools currently have the discretion to provide counseling and  
          mental health services, or refer to county and community  
          organizations, to students who do not have an IEP.  These  
          services may be provided by a school counselor, psychologist or  
          social worker, or other qualified personnel employed by an  
          outside entity.  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee:  




                 Mandate costs: This bill imposes several mandated  
               activities that would drive unknown but likely significant  
               costs to the state, potentially in the millions to low tens  
               millions, if the Commission on State Mandates determines  
               these activities to be reimbursable.  If so, this could  
               also result in pressure to increase the K-12 mandate block  
               grant.  (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  







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               school accounting manual and software that collects  
               financial data.  (General Fund)




          SUPPORT:   (Verified5/27/16)




          None received




          OPPOSITION:   (Verified5/27/16)


          None received



          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          5/31/16 21:58:38


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