Amended in Senate April 14, 2016

Amended in Senate April 12, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1113

Introduced by Senator Beall

February 17, 2016

An act to add Section 56601.3 to the Education Code, begin delete and to add Section 5846.5 to, end delete and to add Part 6 (commencing with Section 5920) to Division 5 begin delete of, end delete begin insert of end insert the Welfare and Institutions Code, relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

SB 1113, as amended, Beall. Pupil health: mental health.

Existing law requires school districts, county offices of education, and special education local plan areas (SELPAs) to comply with state laws that conform to the federal Individuals with Disabilities Education Act, in order that the state may qualify for federal funds available for the education of individuals with exceptional needs. Existing law requires school districts, county offices of education, and SELPAs to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, and with special education and related services, including mental health services, as reflected in an individualized education program.

Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. The MHSA establishes the Mental Health Services Oversight and Accountability Commission to oversee the administration of various provisions of the act.

This bill would specifically authorize a county and a local educational agency to enter into a partnership that includes, among other things, an agreement between the county mental health plan and the local educational agency that establishes a Medi-Cal mental health provider that is county operated or county contracted for the provision of mental health services to pupils of the local educational agency and in which there are provisions for the delivery of campus-based mental health services through qualified begin delete mental health clinicians end delete begin insert providers or qualified professionals end insert to provide on-campus support to identify pupils not in special education who a teacher believes may require those services and, with parental consent, to provide mental health services to those pupils. The bill would begin delete require the commission to provide guidance and best-practices guidelines for counties that choose to implement partnership programs for early intervention and prevention with local educational agencies and public schools pursuant to these provisions. end delete begin insert create the County and Local Educational Agency Partnership Fund in the State Treasury, which would be available, upon appropriation by the Legislature, to the State Department of Education for the purpose of funding these partnerships, as specified, and would require the State Department of Education to fund these partnerships through a competitive grant program. end insert

The bill would require funds made available in the annual Budget Act for the purpose of providing educationally related mental health services required by an individualized education program to be used only for that purpose unless the State Board of Education grants a waiver allowing those funds to be expended for other purposes.

Existing law requires, pursuant to specified provisions of federal law, each SELPA to annually report to the Superintendent of Public Instruction the number of pupils receiving special education services participating in the regular school and district assessments and the number participating in an alternate assessment process.

This bill would require the State Department of Education to expand its reporting system for mental health services provided pursuant to an individualized education program pursuant to the federal Individuals with Disabilities Education Act for children with a primary mental health diagnosis as emotional disturbance to include academic performance and any measures included within the State Department of Health Care Services’ Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) mental health services performance outcome system within 18 months after those measures have been adopted by the State Department of Health Care Services. The bill would also require the State Department of Education to enter into an agreement with the State Department of Health Care Services to provide begin insert relevant end insert academic performance begin delete data end delete begin insert data, as determined by the State Department of Education, end insert to the State Department of Health Care Services for utilization in its performance outcome system regarding individuals enrolled in Medi-Cal and special education who receive mental health services.

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 56601.3 is added to the Education Code,
to read:

56601.3.  

(a) The State Department of Education shall expand
its reporting system for mental health services provided pursuant
to an individualized education program pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
et seq.) for children with a primary mental health diagnosis as
emotional disturbance to include academic performance and any
measures included within the State Department of Health Care
Services’ Early and Periodic Screening, Diagnosis, and Treatment
(EPSDT) mental health services performance outcome system
begin insert described in Section 14707.5 of the Welfare and Institutions Code end insert
within 18 months after those measures have been adopted by the
State Department of Health Care Services.

(b) The State Department of Education shall enter into an
agreement with the State Department of Health Care Services to
provide begin insert relevant end insert academic performance begin delete data end delete begin insert data, as determined
by the State Department of Education, end insert to the State Department of
Health Care Services for utilization in its performance outcome
system begin insert described in Section 14707.5 of the Welfare and Institutions
Code end insert regarding individuals enrolled in Medi-Cal and special
education who receive mental health services.

begin delete

SEC. 2.  

Section 5846.5 is added to the Welfare and Institutions
Code, to read:

5846.5.  

The commission shall provide guidance and
best-practices guidelines for counties that choose to implement
partnership programs for early intervention and prevention with
local educational agencies and public schools pursuant to Section
5920.

end delete

begin delete SEC. 3. end delete

begin insert SEC. 2. end insert   

Part 6 (commencing with Section 5920) is added to
Division 5 of the Welfare and Institutions Code, to read:

 

PART 6.  County and Local Educational Agency
Partnerships

 

5920.  

(a) Notwithstanding any other law, a county and a local
educational agency may enter into a partnership that includes all
of the following:

(1) An agreement between the county mental health plan and
the local educational agency that establishes a Medi-Cal mental
health provider that is county operated or county contracted, for
the provision of mental health services to pupils of the local
educational begin delete agency and in which there are end delete begin insert agency. The agreement
may include end insert provisions for the delivery of campus-based mental
health services through qualified begin delete mental health clinicians end delete begin insert providers
or qualified professionals end insert to provide on-campus support to identify
pupils not in special education who a teacher believes may require
those services and, with parental consent, to provide mental health
services to those pupils.

(2) The county mental health plan and the local educational
agency utilize designated governmental funds as required match
for eligible Medi-Cal Early and Periodic Screening, Diagnosis,
and Treatment (EPSDT) reimbursement for services provided to
pupils enrolled in Medi-Cal, for mental health service costs for
non-Medi-Cal enrolled pupils in special education with
individualized education programs (IEPs) pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
et seq.), and for pupils not part of special education if the services
are provided by a provider specified in paragraph (1).

begin delete

(3) The county mental health plan provider bills non-Medi-Cal
insurers for services to pupils with health insurance for
non-IEP-related covered services, and the relevant insurer
reimburses the provider for these services at the usual rates paid
for out-of-network mental health services.

(4)

end delete

begin insert (3) end insert  The local educational agency, with permission of the pupil’s
parent, provides the county mental health plan provider with the
information of the health insurance carrier for each pupil.

begin delete

(5)

end delete

begin insert (4) end insert  The begin insert agreement between the county mental health plan and
the end insert local educational agency begin delete covers end delete begin insert addresses how to cover end insert the
costs of mental health provider services not reimbursed by funds
pursuant to paragraph (2) begin delete or (3) end delete in the event that mental health
service costs exceed the agreed-upon funding outlined in the
partnership agreement between the county mental health plan and
the local educational agency following a yearend cost reconciliation
process, and in the event that the local educational agency does
not elect to provide the services through other means.

begin insert

(5) The agreement between the county mental health plan and
the local educational agency fulfills reporting requirements under
state and federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) and Medi-Cal EPSDT provisions, and
measures the effect of the mental health intervention and how that
intervention meets the goals in a pupil’s IEP or relevant plan for
non-IEP pupils.

end insert

(6) The county mental health plan participates in any
performance outcome system established by the State Department
of Health Care begin delete Services or the Mental Health Services Oversight
and Accountability Commission end delete begin insert Services, including reporting
requirements pursuant to Section 14707.5, end insert to measure results of
services provided under the partnership agreement between the
county mental health plan and the local educational agency.

(7)  begin insert (A) end insert begin insert   end insert The local educational agency participates in any
performance system established by the State Department of
Education pursuant to Section 56601.3 of the Education Code to
measure performance of special education mental health services
and other mental health services provided under the partnership
agreement between the county mental health plan and the local
educational agency.

begin insert

(B) The local educational agency also reports applicable
information to the performance outcome system established by the
State Department of Health Care Services described in Section
14707.5 for those pupils whose information is not reported
pursuant to paragraph (6).

end insert

(8) A plan to establish a partnership described in this section in
at least begin delete three schools end delete begin insert one school end insert within the local educational agency
in the first year and to expand the partnership to three additional
schools begin delete in the second year. end delete begin insert within three years. end insert

begin delete

(b) Funds made available in the annual Budget Act for the
purpose of providing educationally related mental health services,
including out-of-home residential services for emotionally
disturbed pupils, required by an individualized education program
shall be used only for that purpose unless the State Board of
Education grants a waiver allowing those funds to be expended
for other purposes.

end delete begin delete

(c)

end delete

begin insert (b) end insert  For purposes of this section, “local educational agency” has
the same meaning as that term is defined in Section 56026.3 of
the Education Code.

begin insert

(c) Where applicable, and to the extent mutually agreed to by
a school district and a plan or insurer, it is the intent of the
Legislature that a health care service plan or a health insurer be
authorized to participate in the partnerships described in this part.

end insert

begin insert

begin insert 5921. end insert   

(a) The County and Local Educational Agency
Partnership Fund is hereby created in the State Treasury. Moneys
in the fund are available, upon appropriation by the Legislature,
to the State Department of Education for the purpose of funding
the partnerships described in this part. The State Department of
Education shall fund partnerships described in this part through
a competitive grant program.

(b) (1) For the 2017-2018 fiscal year and each fiscal year
thereafter, to the extent there is an appropriation in the annual
Budget Act for purposes of educationally related mental health
services, the Superintendent of Public Instruction shall allocate
funds from that appropriation to the County and Local Educational
Agency Partnership Fund.

(2) Other funds identified and appropriated by the Legislature
may also be deposited into the County and Local Educational
Agency Partnership Fund and used for the purposes specified in
subdivision (a).

(c) Funds made available in the annual Budget Act for the
purpose of providing educationally related mental health services,
including out-of-home residential services for emotionally
disturbed pupils, required by an individualized education program,
shall be used only for that purpose unless the State Board of
Education grants a waiver allowing those funds to be expended
for other purposes.

end insert