Amended in Senate April 9, 2014

Senate Bill No. 1396

Introduced by Senator Hancock

February 21, 2014

An act to add Chapter 19 (commencing with Section 53330) to Part 28 of Division 4 of Title 2 of the Education Code, relating to school climate.

LEGISLATIVE COUNSEL’S DIGEST

SB 1396, as amended, Hancock. School climate: begin delete Schoolwide Positive Behavior Intervention and Support end delete begin insert multitiered intervention and support end insert program.

Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would establish begin delete the Schoolwide Positive Behavior Intervention and Support end delete begin insert a multitiered intervention and support end insert program. The bill, to the extent that one-time funding is made available in the Budget Act of 2014, would require the State Department of Education to apportion funds to a designated county office of education, selected from applicant county offices of education, that would be the fiduciary agent for the program. The bill would require the designated county office of education to consult with specified organizations and target the funding towards a statewide professional development effort that would provide training in begin delete schoolwide positive behavior and support end delete begin insert multitiered intervention and support end insert to school personnel.

The bill would require the Legislative Analyst’s Office to review the impacts of this professional development effort and report to the Governor begin insert , the State Department of Education, end insert and the Legislature by June 30, begin delete 2016, end delete begin insert 2017, end insert on specified aspects of the program.

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.  

The Legislature finds and declares all of the
following:

(a) In many school districts, local policies have addressed safety
and mental health issues in schools with ad hoc and piecemeal
strategies. This is borne out by the very narrow federal and state
laws related to pupil suspension and expulsion that produced
reactive discipline policies and increased pupil exclusion from
school. These practices have resulted in disproportionality in
discipline practices, as reflected in the high number of suspensions
and expulsions among African American and Latino pupils in
California.

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(b) Restorative justice or restorative practices is a set of
principles and practices grounded in the values of showing respect,
taking responsibility, and strengthening relationships. Restorative
justice focuses on repair of harm and prevention of reoccurrence.
Restorative practices, applied in a schoolwide context, are used
to build a sense of school community and resolve conflict by
repairing harm and restoring positive relationships where pupils
and educators work together to set academic goals, develop core
values for the classroom, and resolve conflicts. Restorative
practices can be incorporated in the tiered framework of
schoolwide positive behavior interventions and supports.

end insert begin delete

(b)

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begin insert (c) end insert  Recent statistics indicate that 20 percent of schoolage youth
experience a functional or significant behavior or mental health
disorder. In contrast, less than 1 percent of pupils are identified to
receive mental health services through the special education
classification of emotional disturbance. These numbers suggest a
significant gap in the need for school-based prevention and
intervention behavioral health services. Schoolwide Positive
Behavior Intervention and Support (SW--PBIS) can fill this gap
by providing a comprehensive and collaborative prevention and
intervention framework for schools to improve academic and
behavioral outcomes for all pupils. Recent research from Orange
County has shown that in districts where SW--PBIS has been
implemented there has been a 26-percent drop in in-school
suspensions, a 55-percent drop in out-of-school suspensions, and
a 30-percent drop in expulsions.

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(c)

end delete

begin insert (d) end insert  In order to ensure that all pupils flourish academically,
districts must establish equitable discipline practices and behavioral
interventions that promote positive social-emotional development
and that prevent and respond to negative behaviors in order to
reengage disconnected pupils. School psychologists play a critical
role in implementing school-based educationally related counseling
services and positive behavior systems and supports that create
and reinforce positive school cultures of achievement for all pupils,
including those at risk of academic failure.

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(d)

end delete

begin insert (e) end insert  The local control funding formula has been passed in an
effort to reform school finance and to direct funding directly to
at-risk pupil populations as outlined in Section 42238.07 of the
Education Code. This section states that the regulations shall
require a school district “to increase or improve services for
unduplicated pupils.” Research shows that efforts to improve
school climate, safety, and learning are not separate endeavors.
They must be designed, funded, and implemented as a
comprehensive schoolwide approach. School districts must work
to ensure through their local control and accountability plans that
pupils have access to universal, targeted, and individualized
psychological, behavioral, and counseling services and support
that will increase their chances for academic improvement.

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(e)

end delete

begin insert (f) end insert  SW--PBIS is a multitiered framework for creating positive
school cultures. SW--PBIS is a decisionmaking framework that
guides selection, integration, and implementation of the best
evidence-based academic and behavioral practices for improving
important academic and behavior outcomes for all pupils. The
SW--PBIS approach requires the implementation of preventative
and proactive approaches to discipline and positive discipline
methods. In doing so, SW--PBIS changes the belief systems and
behavior of school staffs, pupils, and the community, resulting in
positive, productive citizens, and safer schools.

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(f)

end delete

begin insert (g) end insert  SW--PBIS can support important local control and
accountability plan priority areas by providing local schools and
districts with an evidence-based framework to produce targeted
pupil behavioral and academic outcomes. SW--PBIS provides an
operational framework for achieving these outcomes.

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(g)

end delete

begin insert (h) end insert  SW--PBIS fosters local control for school climate,
academics, and behavior. SW--PBIS provides an operational
framework and a set of sustainable schoolwide practices for
achieving these outcomes. The schoolwide practices are
research-based, but are developed and implemented by the local
school team of teachers, parents, administrators, school
psychologists, school counselors, and pupils to reflect the culture
and values of their schools.

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(h)

end delete

begin insert (i) end insert  SW--PBIS has national support and has been defined,
described, and researched since its introduction in the
reauthorization of the Individuals with Disabilities Education Act
of 1997. SW--PBIS research and training is supported by the
Office of Special Education Programs (OSEP), United States
Department of Education, through the OSEP Technical Assistance
Center. School psychologists have been leaders in SW--PBIS
professional development and systems implementation in schools
and districts throughout the state.

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(i)

end delete

begin insert (j) end insert  (1) SW--PBIS emphasizes four integrated elements:

(A) Data for decisionmaking.

(B) Measurable outcomes supported and evaluated by data.

(C) Practices with evidence that these outcomes are achievable.

(D) Systems that efficiently and effectively support
implementation of these practices.

(2) These four elements are guided by six core principles, as
follows:

(A) Develop a continuum of scientifically based behavior and
academic interventions and supports.

(B) Use data to make decisions and solve problems.

(C) Arrange the environment to prevent the development and
occurrence of problem behavior; increase supervision where
needed.

(D) All school staff teach and encourage prosocial skills and
behaviors in all settings on campus, and before and after school.

(E) Implement evidence-based behavioral practices with fidelity
and accountability.

(F) Screen universally and monitor pupil performance and
progress continuously.

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(j)

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begin insert (k) end insert  Schools that have established and maintained SW--PBIS
systems with integrity have teaching and learning environments
that are less reactive, aversive, punitive, dangerous, and
exclusionary, are more engaging, responsive, preventive,
productive, and participatory, address classroom management and
disciplinary issues such as attendance, cooperation, participation,
and meeting positive expectations, improve support for pupils
whose behavior requires more specialized or intensive assistance
for emotional and behavioral disorders and mental health issues,
and maximize academic engagement and achievement for all
pupils.

SEC. 2.  

Chapter 19 (commencing with Section 53330) is added
to Part 28 of Division 4 of Title 2 of the Education Code, to read:

 

Chapter  19. begin delete Schoolwide Positive Behavior end delete begin insert Multitiered end insert
Intervention and Support

 

53330.  

(a) To the extent that one-time funding is made
available in the Budget Act of 2014, the department shall apportion
funds to a designated county office of education to be the fiduciary
agent for begin insert a multitiered intervention and support program that
includes, but is not limited to, end insert the Schoolwide Positive Behavior
Intervention and Support begin delete (SW-PBIS) end delete program. The designated
county office of education shall be chosen by the Superintendent
from county offices that apply for designation under this chapter.
The designated county office of education shall be in charge of
establishing specific professional development activities that will
lead to statewide professional development support structures
allowing for the development and expansion of begin delete SW-PBIS end delete
begin insert multitiered intervention and support end insert efforts in each region of the
state.

(b) This professional development and outreach effort shall
build upon existing statewide organizations, networks, and regional
organizations that are providing services related to begin delete SW-PBIS end delete
begin insert multitiered intervention and support end insert and other mental health
approaches. The goal would be to organize begin delete SW-PBIS end delete begin insert multitiered
intervention and support end insert trainings and resources to be disseminated
on a regional basis. These trainings, associated materials, and
research shall educate participants on how to have begin delete SW-PBIS end delete
begin insert multitiered intervention and support program end insert support local control
and accountability plan strategic goals in alignment with a
multitiered support system framework.

(c) The designated county office of education shall consult with
the begin insert Regional end insert K--12 Student Mental Health Initiative, the National
Alliance on Mental Health Illness, the California Technical
Assistance Center on begin delete SW-PBIS, end delete begin insert Schoolwide Positive Behavior
Intervention and Support, end insert the California County Superintendents
Educational Services Association, the California Mental Health
Directors Association, the United Advocates for Children and
Families, and other nonprofit agencies throughout the state. The
designated county office of education shall also select an advisory
committee made up of stakeholders and mental health professionals
who have participated in the development and expansion of
begin delete SW-PBIS end delete begin insert multitiered intervention and support end insert programs to assist
in the planning and implementation of this project.

begin insert

(d) The designated county office of education, in the
implementation of this chapter, shall consider and include, as
appropriate, available resources for multitiered intervention and
support.

end insert begin delete

(d)

end delete

begin insert (e) end insert  Within the context of a state-level plan, funding shall be
targeted to all of the following critical activities:

(1) Explaining the importance of linking begin delete SW-PBIS end delete begin insert multitiered
intervention and support end insert efforts with local control funding formula
planning.

(2) Creating broad exposure to begin delete SW-PBIS, end delete begin insert multitiered
intervention and support, end insert which would include pamphlets, videos,
Internet Web site creation, webinars, and newsletters.

(3) Creating regional conferences on begin delete SW-PBIS end delete begin insert multitiered
intervention and support end insert implementation that would provide free
training for teachers, school psychologists, and administrators.

(4) Establishing stipends for release time for school personnel
attending these workshops.

(5) Developing best practices of current district level begin delete SW-PBIS end delete
begin insert multitiered intervention and support end insert systems begin insert based on the analysis
pursuant to subdivision (f) end insert and ensure that these best practices are
widely disseminated.

(6) Establishing a cohort of trainers that can be available to
work directly with local school districts seeking to implement
begin delete SW-PBIS end delete begin insert multitiered intervention and support programs end insert .

(7) Establishing a repository for the collection and dissemination
of begin delete SW-PBIS end delete begin insert multitiered intervention and support end insert best practices.

begin delete

(e)

end delete

begin insert (f) end insert  The designated county office of education, working in
cooperation with the Department of Finance, the State Department
of Education, and the Legislative Analyst, shall analyze the relevant
data on the success of begin delete SW-PBIS end delete begin insert multitiered intervention and
support programs end insert at both the state and national levels, and shall
establish a set of best practices to be made available to school
districts and consortia of begin insert school end insert districts to expand begin delete current mental
health programs and to use as the foundation of addressing school
discipline issues including school violence, suspensions,
expulsions, and bullying. end delete begin insert schoolwide multitiered intervention and
supports to address academic and behavioral issues and to use as
a foundation for the annual goals and state priorities, such as
pupil engagement and school climate, to be included in local
control and accountability plans. end insert

begin delete

(f)

end delete

begin insert (g) end insert  The Legislative Analyst’s Office shall review the impacts
of this professional development effort and shall report to the
begin delete Governor end delete begin insert Governor, the State Department of Education, end insert and the
Legislature by June 30, begin delete 2016, end delete begin insert 2017, end insert on the breadth and best
practices of the training.