BILL NUMBER: SB 1113 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2016
AMENDED IN SENATE APRIL 12, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Beall
FEBRUARY 17, 2016
An act to add Section 56601.3 to the Education Code, and
to add Section 5846.5 to, and to add Part 6 (commencing
with Section 5920) to Division 5 of, of
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
mental health clinicians providers or qualified
professionals 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 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. 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.
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 relevant academic performance data
data, as determined by the State Department of
Education, 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 described in Section 14707.5
of the Welfare and Institutions Code 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 relevant academic performance data
data, as determined by the State Department of
Education, to the State Department of Health Care Services for
utilization in its performance outcome system described in
Section 14707.5 of the Welfare and Institutions Code regarding
individuals enrolled in Medi-Cal and special education who receive
mental health services.
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.
SEC. 3. SEC. 2. 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 agency and in which there are
agency. The agreement may include provisions for the delivery
of campus-based mental health services through qualified
mental health clinicians providers or qualified
professionals 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).
(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)
(3) 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.
(5)
(4) The agreement between the county mental health
plan and the local educational agency covers
addresses how to cover the costs of mental
health provider services not reimbursed by funds pursuant to
paragraph (2) or (3) 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.
(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.
(6) The county mental health plan participates in any performance
outcome system established by the State Department of Health Care
Services or the Mental Health Services Oversight and
Accountability Commission Services, including
reporting requirements pursuant to Section 14707.5, to measure
results of services provided under the partnership agreement between
the county mental health plan and the local educational agency.
(7) (A) 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.
(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).
(8) A plan to establish a partnership described in this section in
at least three schools one school
within the local educational agency in the first year and to expand
the partnership to three additional schools in the second
year. within three years.
(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.
(c)
(b) 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.
(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.
5921. (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.