BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 884| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 884 Page 2 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 SB 884 Page 3 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, SB 884 Page 4 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 SB 884 Page 5 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 SB 884 Page 6 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 SB 884 Page 7 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 SB 884 Page 8 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 **** END ****