BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1113


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          Date of Hearing:  June 15, 2016 


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          1113 (Beall) - As Amended:  June 8, 2016


          [Note:  This bill has been double referred to the Assembly  
          Committee on Health, and if passed will be heard by that  
          committee as it relates to issues under its jurisdiction.]


          SENATE VOTE:  39-0


          SUBJECT:  Pupil health: mental health




          SUMMARY:  Authorizes local educational agencies (LEAs) to enter  
          into partnerships, as specified, with county mental health plans  
          for the provision of Early and Periodic Screening, Diagnosis,  
          and Treatment (EPSDT) mental health services, and to expand the  
          allowable uses of specified mental health funds.  Specifically,  
          this bill:  


          1)Authorizes an LEA to enter into a partnership with a county,  
            or a qualified provider operating as part of the county mental  
            health plan network, that includes all of the following: 










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             a)   An agreement between the county mental health plan, or  
               the qualified provider, and the LEA, that establishes a  
               Medi-Cal mental health provider that is county operated or  
               county contracted, for the provision of mental health  
               services to students of the LEA. Authorizes the agreement  
               to include provisions for the delivery of campus-based  
               mental health services through qualified providers or  
               qualified professionals to provide on-campus support to  
               identify a student not in special education who a teacher  
               believes may require those services and, with parental  
               consent, to provide mental health services to those  
               students. 


             b)   The county mental health plan, or the qualified  
               provider, and the LEA use designated governmental funds for  
               eligible Medi-Cal EPSDT program services provided to  
               students enrolled in Medi-Cal, for mental health service  
               costs for non-Medi-Cal enrolled students in special  
               education, and for students not part of special education  
               if the services are provided by a provider pursuant to the  
               agreement described above. 


             c)   The LEA, with permission of the student's parent,  
               provides the county mental health plan provider with the  
               information of the health insurance carrier for each  
               student. 


             d)   The agreement between the county mental health plan, or  
               the qualified provider, and the LEA addresses how to cover  
               the costs of mental health provider services not covered by  
               governmental funds in the event that mental health service  
               costs exceed the agreed-upon funding outlined in the  
               partnership agreement between the county mental health  
               plan, or the qualified provider, and the LEA, following a  
               year-end cost reconciliation process, and in the event that  








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               the LEA does not elect to provide the services through  
               other means.


             e)   The agreement between the county mental health plan, or  
               the qualified provider, and the LEA fulfills reporting  
               requirements under state and federal law and Medi-Cal EPSDT  
               provisions, and measures the effect of the mental health  
               intervention and how that intervention meets the goals in a  
               student's individualized education program (IEP) or  
               relevant plan for students without an IEP. 


             f)   The county mental health plan, or the qualified  
               provider, and LEA participate in the EPSDT performance  
               outcome system to measure results of services provided  
               under the partnership agreement.


             g)   A plan to establish a partnership in at least one school  
               within the LEA in the first year and to expand the  
               partnership to three additional schools within three years.  






          1)Establishes the County and Local Educational Agency  
            Partnership Fund in the State Treasury.  States that moneys in  
            the fund, upon appropriation by the Legislature, would be  
            available to the CDE for the purpose of funding the  
            partnerships established by the bill, through a competitive  
            grant program.  


          2)Requires the SPI, starting in the 2017-18 fiscal year, to  
            allocate funds appropriated in the Budget Act or another  
            measure for purposes of the partnerships established by this  








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            bill to the County and Local Educational Agency Partnership  
            Fund.


          3)Authorizes other funds identified and appropriated by the  
            Legislature to be deposited into the County and Local  
            Educational Agency Partnership Fund. 


          4)Requires 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 students, required by an IEP 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.


          5)Requires, as part of the EPSDT performance outcome system,  
            that the Department of Health Care Services (DHCS) identify  
            children with an IEP who have a primary mental health  
            diagnosis as emotional disturbance, and collect and utilize in  
            the performance outcome system academic performance data and  
            any other data required for the measures included within the  
            performance outcome system for these children.


          6)Requires DHCS to enter into an agreement with the CDE for the  
            CDE to provide to DHCS relevant academic performance data, as  
            determined DHCS, in consultation with the CDE, for utilization  
            in the performance outcome system.


          7)Requires that, within 18 months of DHCS completing the first  
            report on comprehensive performance outcomes, it begin to  
            include the above data in its reporting.


          8)Defines LEA for purposes of the partnership section to mean a  








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            school district, a county office of education, a nonprofit  
            charter school participating as a member of a special  
            education local plan area, or a special education local plan  
            area.


          EXISTING LAW:   


          1)Federal law establishes the Individuals with Disabilities  
            Education Act (IDEA) and related regulations, which requires  
            that students with disabilities have access to a free and  
            appropriate public education based on their individual needs,  
            and establishes procedures for implementing these  
            requirements. 





          2)State law defines "related services" to mean services,  
            including psychological services other than assessment and  
            development of the IEP, and counseling services, designed to  
            enable an individual with exceptional needs to receive a free  
            appropriate public education as described in the IEP of the  
            child, and to benefit from special education.



          3)State law, by removing the responsibility for providing mental  
            health services for students with disabilities from counties,  
            establishes that LEAs are responsible for providing these  
            services.



          4)Federal law establishes the Medi-Cal EPSDT program for  
            eligible people under 21 years of age to provide periodic  
            screenings to determine health care needs and, based upon the  








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            identified health care need and diagnosis, to provide  
            treatment services. Existing law provides that EPSDT services  
            are to be administered through local county mental health  
            plans under contract with the DHCS. 



          FISCAL EFFECT:  


          According to the Senate Appropriations Committee (based on the  
          April 14, 2016 amended version):


           Unknown costs to implement the grant program as it would  
            depend upon the amount of funding that is transferred into the  
            County and Local Educational Agency Partnership Fund  
            (Partnership Fund). The author's office intends for this bill  
            to fund about 10 LEAs at $600,000 each year for three schools  
            per LEA. Under this scenario, costs would be $18 million per  
            year. Actual costs could be higher or lower depending upon  
            available funding. (Proposition 98)



           To the extent Partnership funds are used for mental health  
            services not required by an IEP, there would be a cost  
            pressure to increase state funds by a similar amount that is  
            transferred, to backfill the special education program to meet  
            the federal maintenance of effort requirement. (Proposition  
            98) 

           CDE estimates the costs to prepare and report required data  
            and to administer the competitive grant process, to be up to  
            $150,000 General Fund across several positions. Unknown,  
            potentially significant costs to the Department of Health Care  
            Services and CDE to enter into a data sharing agreement.  
            Associated cost pressures and potential significant mandate  
            for LEAs to report the required data to CDE (Proposition 98) 








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           To the extent the use of moneys from the Partnership Fund  
            leads to increased access to federal Medi-Cal funds, LEAs  
            would presumably be able to provide additional services to  
            eligible students in their jurisdiction. (Federal funds) 



          COMMENTS:  


          Need for the bill.  According to the author, "A key finding of  
          the audit (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; January  
          2016) was that LEAs and counties could benefit financially and  
          improve student access to mental health services by  
          collaborating to provide services to Medi-Cal eligible students.  
          Although successful models have demonstrated partnerships like  
          SB 1113 benefit both the counties and LEAs by increasing access  
          to necessary mental health services for all Medi-Cal eligible  
          school-age children, they are rarely implemented by LEAs. LEAs  
          cannot access funding for those EPSDT services unless they  
          contract with their respective counties. Some LEAs and counties  
          disagree over who should pay for the state match as required  
          under the EPSDT program." 





          Recent state audit on student mental health services.   AB 114  
          (Chapter 43, Statutes of 2011) transferred the responsibility  
          for providing mental health services for students with IEPs from  
          county mental health departments to LEAs.  










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          In January, 2016, the Bureau of State Audits released a report,  
          requested by the author and other members of the Legislature, on  
          the effect of AB 114 on mental health services for students.   
          The report, titled 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,  
          found that:


                 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 LEA.



                 The majority of changes to services were unrelated to AB  
               114, though IEP teams did not always record in the IEP  
               document their rationale for why a service was removed.



          The audit recommended that the Legislature require counties to  
          enter into agreements with SELPAs to allow SELPAs and LEAs to  
          access EPSDT funding through the county mental health programs  
          by providing EPSDT mental health services.  


          









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          Audit recommendation regarding EPSDT program.  This bill relates  
          to the section of the audit that is specific to the EPSDT  
          program.  The audit recommended that the Legislature require  
          counties to enter into agreements with SELPAs to allow SELPAs  
          and LEAs to access EPSDT funding.  This bill does not require  
          that counties to enter into these agreements, but authorizes a  
          specific kind of such an agreement, and suggests that there will  
          be additional state funding to incentivize such agreements.


          EPSDT is a Medi-Cal benefit for people under the age of 21 who  
          have "full-scope" Medi-Cal eligibility.  The EPSDT program  
          provides eligible children access to a range of mental health  
          services that include, among other things, mental health  
          assessment, mental health services, therapy, rehabilitation,  
          therapeutic behavioral services, crisis  
          intervention/stabilization, day rehabilitation/day treatment,  
          medication support and case management.  EPSDT services are  
          administered through county mental health plans under contract  
          with the DHCS.  LEAs may provide and bill for EPSDT mental  
          health services only pursuant to a contract with the county  
          mental health plan.  EPSDT federal funds must be matched by  
          county funds.


          The audit noted that although LEAs cannot access funding for  
          EPSDT services unless they contract with their respective  
          counties, such collaborations could financially benefit both  
          counties and LEAs and increase the provision of services to  
          children.  The audit cited the case of Desert Mountain SELPA,  
          which contracts with San Bernardino County to provide mental  
          health services to Medi-Cal eligible students using EPSDT funds.  
           Under this arrangement, Desert Mountain SELPA contributes to  
          the county's required match of federal funds.  According to the  
          Auditor, this arrangement is mutually beneficial:  San  
          Bernardino County does not need to provide the full match, and  
          Desert Mountain is able to access EPSDT funding to provide  
          mental health services to Medi-Cal eligible students with and  








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          without IEPs.  The audit noted that "if California's other  
          SELPAs established agreements with their county mental health  
          plans, these entities in total could potentially receive  
          millions of dollars in federal reimbursements for mental health  
          services provided to Medi-Cal eligible children."


          According to the Special Opportunities for Access and Reform  
          Coalition (SOAR), a coalition which includes seven SELPAs, there  
          are several barriers to developing these partnerships. They  
          note, "In those regions that have not been able to develop a  
          partnership, some of the hurdles center on county mental health  
          not being willing to contract/vendorize the LEA/SELPAs to  
          provide EPSDT services, or the county mental health agency  
          charging the LEA/SELPA a high indirect cost for developing this  
          partnership."  They note that there is no state policy on how an  
          LEA can seek direct access to the Medi-Cal funding for the EPSDT  
          program through county managed care, and that instead it is up  
          to each individual LEA or SELPA to negotiate directly with their  
          county mental health program.  They also note that under current  
          law there is no appeal or mediation process for circumstances  
          when the two agencies do not agree.


          Use of special education mental health funds for non-IEP  
          services?  This bill establishes a County and Local Educational  
          Agency Partnership Fund, for the purpose of providing state  
          funds for competitive grants to partnerships established by the  
          bill.  The bill requires the SPI to allocate any funds  
          appropriated in the Budget Act for purpose of these partnerships  
          to this fund.  The bill also prohibits funds for  
          educationally-related mental health services (AB 114 funds) from  
          being used for other purposes unless a waiver is granted by the  
          State Board of Education.


          The annual Budget Act appropriates funding for mental health  
          services for special education students on the basis of average  
          daily attendance.  This bill suggests that these funds could be  








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          deposited into the County and Local Education Agency Partnership  
          Fund, be allocated on a competitive basis, and be used for  
          students who are not in special education.  


          The author indicates that this is not his intent.  Accordingly,  
          staff recommends that this bill be amended as shown below, and  
          to add intent language encouraging partnerships to seek other  
          sources of funding for students who are in need of mental health  
          services but do not have IEPs:


            5921 (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  .   These funds shall  
            not be deposited into the County and Local Educational Agency  
            Partnership Fund.


           


          In addition, the Committee may wish to consider a technical  
          amendment to clarify that, for the purpose of the partnership  
          section of this bill, the definition of a local educational  
          agency includes all charter schools, not just those  
          participating as members of a SELPA.





          Arguments in support.  The California Council of Community  
          Behavioral Health Agencies writes that SB 1113 will 1) ensure  
          access to EPSDT funds for students who may need mental health  








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          care, 2) provide support to teachers to identify those students  
          as early as possible and before they become severe enough to  
          require special education, 3) address the needs of all students  
          through incentive start-up funds that are likely to be offset by  
          savings in special education, and 4) develop outcome measures to  
          measure program effectiveness.  The Council notes, "There are  
          now examples of excellent partnerships between schools and  
          counties or county funded mental health providers.  This bill is  
          intended to broaden those types of partnerships throughout the  
          state."  





          The Community Health Partnership writes that such partnerships  
          are mutually beneficial but seldom implemented.  They note,  
          "Only six out of 122 SELPAs are known to have agreements in  
          place with a county mental health plan or qualified provider  
          that operated in the county mental health plan.  The bottom line  
          is that California is leaving tens of millions of dollars on the  
          table."





          Arguments in opposition.   The California Teachers Association  
          writes that SB 1113 suggests that resources could be diverted  
          from special education in order to serve other students.    
          Similarly, the SELPA Administrators Association of California  
          writes that this bill "suggests that money budgeted for schools  
          to provide mental health services to students as a related  
          service to special education should be used to help pay the  
          state match for EPSDT reimbursement regardless of whether these  
          students have special education needs."











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          The SOAR Coalition recommends that the bill be amended to  
          instead require the DHCS to develop a mediation or appeals  
          process when an LEA or SELPA and county mental health agency  
          cannot agree on delivery of service for an eligible recipient or  
          when EPSDT funding is not accessible.   





          Related legislation.  AB 884 (Beall) of this Session is also  
          related to the audit of student mental health services.  It  
          requires LEAs and SELPAs to collect and report specific  
          information relative to mental health services, requires the CDE  
          to monitor and compare specific information relative to mental  
          health services, and requires LEAs to provide specified  
          informational materials to parents.  AB 884 is pending in this  
          Committee.


          


          REGISTERED SUPPORT / OPPOSITION:





          Support





          Mental Health America of California (Sponsor)









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          California Youth Empowerment Network


          California Association of Marriage and Family Therapists


          California Council of Community Behavioral Health Agencies


          Community Health Partnership


          Steinberg Institute





          Opposition


          


          California Teachers Association


          Los Angeles Unified School District (unless amended)


          Special Education Local Plan Area Administrators (unless  
          amended)





          Analysis Prepared by:Tanya Lieberman / ED. / (916)  








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          319-2087