Amended in Senate January 27, 2014

Amended in Senate January 17, 2014

Amended in Senate January 6, 2014

Amended in Senate April 1, 2013

Senate Bill No. 596

Introduced by Senator Yee

(Coauthor: Senator Beall)

February 22, 2013

An act to add Section 124174.7 to the Health and Safety Code, relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

SB 596, as amended, Yee. Pupil health: multitiered and integrated interventions pilot program.

Existing law establishes a system of public elementary and secondary schools in this state, and provides for the establishment of school districts and other local educational agencies to operate these schools and provide instruction to pupils. Under existing law, the Superintendent of Public Instruction is required, among his or her other duties, to serve as the chief executive officer of the State Department of Education.

This bill would require the State Department of Education to establish a 3-year pilot program to encourage inclusive practices that integrate mental health, special education, and school climate interventions following a multitiered framework in 4 schools, as specified. The bill would require the begin delete department end delete begin insert State Department of Education end insert to select schools where at least 60% of the student body is eligible for begin insert a end insert free or reduced-price begin delete meals or free milk in child nutrition programs end delete begin insert meal program end insert and whose applications begin insert provide an estimate for the amount of funding being requested and end insert detail a model approach that targets the behavioral, emotional, and academic needs of pupils with multitiered and integrated mental health, special education, and school climate interventions. The begin delete bill, contingent on the enactment of an appropriation for this purpose, would require the department to provide start-up and evaluation funding to each school participating in the pilot program, and end delete begin insert bill end insert would require the schools to provide certain information to the begin delete department end delete begin insert State Department of Education end insert in accordance with a comprehensive evaluation plan developed by begin delete the department and end delete the State Department of Health Care Services begin insert and the State Department of Education end insert to assess the impact of the pilot program and disseminate best practices. The bill would require the begin delete department end delete begin insert State Department of Education end insert to submit a report to the Legislature evaluating the success of the pilot program at the end of the 3-year period.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

(a) The Legislature finds and declares that pupils
from all backgrounds and circumstances in California deserve
adequate behavioral and academic support to achieve their full
potential. The Legislature further finds and declares all of the
following:

end insert begin insert

(1) Pupils in California face relational and environmental
stressors that diminish their ability to achieve their full potential.
Among these complex challenges may be poverty, frequent exposure
to violence, placement in the foster care system, and other negative
experiences that result in chronic stress and trauma. Nearly
700,000 pupils in California receive special education services,
and nearly one-in-four youth are living in poverty. Nearly 60,000
youth are currently placed in foster care and as many as 20 percent
of youth are in need of mental health interventions.

end insert begin insert

(2) Pupils with these stressors are frequently failed by the
current policies and systems in place, as measured by indicators
for academic outcomes, social inclusion, emotional development,
mental health support, and general pupil well-being.

end insert begin insert

(A) In California, more than 20 percent of special education
pupils spend less than 40 percent of their day within their regular
classroom, an indicator of inclusion, compared to 14 percent of
special education pupils nationally and a federal target of less
than 9 percent.

end insert begin insert

(B) Only 59 percent of special education pupils graduated high
school within four years in the 2010-11 fiscal year compared to
76 percent of all pupils.

end insert begin insert

(C) Statewide, a recent study found only 58 percent of foster
youth in grade 12 graduated compared to 85 percent of all youth,
with nearly 14 percent of foster youth in grade 12 dropping out
of school.

end insert begin insert

(D) Far too often, youth with mental health challenges do not
receive the services they need. For instance, one study found that
nearly two-thirds of adolescents who experienced a major
depressive disorder in the last year did not receive treatment.

end insert begin insert

(E) Even by grade 3, low-income pupils perform substantially
below their higher income peers in areas of social and emotional
skill, social and emotional development, engagement in school,
and physical well-being.

end insert begin insert

(3) Current funding practices fail to adequately incentivize
schools to invest in front-end, preventative measures that would
reduce overall cost of special education.

end insert begin insert

(4) Delivery of comprehensive, community-based support and
resources requires a high level of collaboration between schools,
school districts, and county mental health agencies.

end insert begin insert

(5) Inclusive, multitiered systems of behavioral and academic
supports are essential to providing high-quality, cost-effective
special education programs that benefit all pupils.

end insert begin insert

(b) It is the intent of the Legislature that, upon demonstrated
success of the pilot program established pursuant to Section
124174.7 of the Health and Safety Code, the evaluated models can
be adopted by a large number of schools to increase the efficient
and effective utilization of available community resources in order
to promote the success of all pupils.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 124174.7 is added to the Health and Safety
Code, to read:

124174.7.  

(a) The State Department of Education shall
establish a three-year pilot program in accordance with this section
to encourage inclusive practices that integrate mental health, special
education, and school climate interventions following a multitiered
framework. As used in this section, “department” means the State
Department of Education.

(b) The department shall establish the pilot program in four
schools that apply to participate through the submission of detailed
applications begin insert providing estimates for the amount of funding being
requested for start up and evaluation of the program and end insert specifying
their intended models. Geographical distribution shall be ensured
by locating the pilot program at two schools in northern California
and two schools in southern California. The department shall select
schools where at least 60 percent of the student body is eligible
for begin insert a end insert free or reduced-price begin delete meals or free milk in child nutrition
programs end delete begin insert meal program end insert and whose applications detail a model
approach that targets the behavioral, emotional, and academic
needs of pupils with multitiered and integrated mental health,
special education, and school climate interventions. In addition to
reflecting the school’s specific culture and needs, a school’s model
shall include all of the following:

(1) Formalized collaboration with local mental health agencies
to provide school-based mental health services that are integrated
within a multitiered system of support.

(2) Leverage of school and community resources to offer
comprehensive multitiered interventions on a sustainable basis.

(3) An initial school climate assessment that includes
information from multiple stakeholders, including school staff,
pupils, and families that is used to inform the selection of strategies
and interventions that reflect the culture and goals of the school.

(4) A coordination of services team that considers referrals for
services, oversees schoolwide efforts, and utilizes data-informed
processes to identify struggling pupils who require early
interventions.

(5) Whole school strategies that address school climate and
universal pupil well-being, such as positive behavioral interventions
and supports or the Olweus Bullying Prevention Program, as well
as comprehensive professional development opportunities that
build the capacity of the entire school community to recognize and
respond to the unique social-emotional, behavioral, and academic
needs of pupils.

(6) Targeted interventions for pupils with identified
social-emotional, behavioral, and academic needs, such as
therapeutic group interventions, functional behavioral analysis and
plan development, and targeted skill groups.

(7) Intensive services, such as wraparound, behavioral
intervention, or one-on-one support, that can reduce the need for
a youth’s referral to special education or placement in more
restrictive, isolated settings.

begin delete

(c) Contingent on the enactment of an appropriation for this
purpose in the annual Budget Act or another statute, the department
shall provide start-up and evaluation funding to each school
participating in the pilot program in the following amounts:

end delete begin delete

(1) Two hundred fifty thousand dollars ($250,000) in year one.

end delete begin delete

(2) Two hundred thousand dollars ($200,000) in year two.

end delete begin delete

(3) One hundred fifty thousand dollars ($150,000) in year three.

end delete begin delete

(d)

end delete

begin insert (c) end insert  (1) The State Department of Health Care Services and the
department shall develop a comprehensive evaluation plan to assess
the impact of the pilot program and disseminate best practices.

(2) Outcomes and indicators to be reported, pursuant to this
subdivision, by schools participating in the pilot project shall
include, but not necessarily be limited to, those already being
collected by schools, as well as designated measures of pupil
well-being, academic achievement, and school engagement and
attendance.

(3) (A) The department, in compliance with Section 9795 of
the Government Code, shall submit a report to the Legislature at
the end of the three-year period evaluating the success of the
program and further recommendations. The department shall make
the report available to the public, and shall post it on the
department’s Internet Web site.

(B) The requirement to submit a report to the Legislature
imposed under subparagraph (A) is inoperative, pursuant to Section
10231.5 of the Government Code, four years after the report is
due.

begin delete

(e) The Legislature finds and declares that pupils from all
backgrounds and circumstances in California deserve adequate
behavioral and academic support to achieve their full potential.
The Legislature further finds and declares all of the following:

(1) Pupils in California face relational and environmental
stressors that diminish their ability to achieve their full potential.
Among these complex challenges may be poverty, frequent
exposure to violence, placement in the foster care system, and
other negative experiences that result in chronic stress and trauma.
Nearly 700,000 pupils in California receive special education
services, and nearly one-in-four youth are living in poverty. Nearly
60,000 youth are currently placed in foster care and as many as
20 percent of youth are in need of mental health interventions.

(2) Pupils with these stressors are frequently failed by the current
policies and systems in place, as measured by indicators for
academic outcomes, social inclusion, emotional development,
mental health support, and general pupil well-being.

(A) In California, more than 20 percent of special education
pupils spend less than 40 percent of their day within their regular
classroom, an indicator of inclusion, compared to 14 percent of
special education pupils nationally and a federal target of less than
9 percent.

(B) Only 59 percent of special education pupils graduated high
school within four years in the 2010-11 fiscal year compared to
76 percent of all pupils.

(C) Statewide, a recent study found only 58 percent of foster
youth in grade 12 graduated compared to 85 percent of all youth,
with nearly 14 percent of foster youth in grade 12 dropping out of
school.

(D) Far too often, youth with mental health challenges do not
receive the services they need. For instance, one study found that
nearly two-thirds of adolescents who experienced a major
depressive disorder in the last year did not receive treatment.

(E) Even by grade 3, low-income pupils perform substantially
below their higher income peers in areas of social and emotional
skill, social and emotional development, engagement in school,
and physical well-being.

(3) Current funding practices fail to adequately incentivize
schools to invest in front-end, preventative measures that would
reduce overall cost of special education.

(4) Delivery of comprehensive, community-based support and
resources requires a high level of collaboration between schools,
school districts, and county mental health agencies.

(5) Inclusive, multitiered systems of behavioral and academic
supports are essential to providing high-quality, cost-effective
special education programs that benefit all pupils.

(f) It is the intent of the Legislature that, upon demonstrated
success of the pilot program, the evaluated models can be adopted
by a large number of schools to increase the efficient and effective
utilization of available community resources in order to promote
the success of all pupils.

end delete