BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 1396
AUTHOR: Hancock
INTRODUCED: February 21, 2014
FISCAL COMM: Yes HEARING DATE: April 2, 2014
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Positive Behavior Intervention and Support program.
SUMMARY
This bill requires the California Department of Education to
designate funds to a county office of education to establish
professional development activities to support the development and
expansion of Schoolwide Positive Behavior Intervention and Support
program efforts.
BACKGROUND
Positive behavior interventions and supports
Current law:
1) Encourages schools, as comprehensive school safety plans are
reviewed and updated, to include in school safety plans clear
guidelines for the roles and responsibilities of mental health
professionals, community intervention professionals, school
counselors, school resource officers, and police officers on
school campus, if the school district uses these people. The
guidelines may include primary strategies to create and
maintain a positive school climate, promote school safety, and
increase pupil achievement, and prioritize mental health and
intervention services, restorative and transformative justice
programs, and positive behavior interventions and support.
(Education Code � 32282.1)
2) Provides that corrective action other than out-of-school
suspension includes study teams, guidance teams, resource panel
teams, or other intervention-related teams that assess the
behavior, and develop and implement individualized plans to
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address the behavior in partnership with the pupil and his or
her parents. (EC � 48900.5)
3) Specific to students with exceptional needs, requires the
individualized education program team shall consider the use of
positive behavioral interventions and supports for students
whose behavior impedes his or her learning. (EC � 56341.1)
Multi-tiered interventions
Many schools voluntarily follow models of tiered interventions to
address student needs prior to imposing discipline or making
referrals to special education. Models include Schoolwide Positive
Behavior Interventions and Supports, Response to Intervention and
Positive Environments Network of Trainers. Typically, the base tier
is a schoolwide approach involving instruction, school climate, etc.
The middle tier is targeted to students who did not respond to the
schoolwide efforts and involved more intense interventions such as
tutoring. The top tier focuses on a smaller group of students who
continue to need support and may include very intense and frequent
services such as counseling.
The Student Success Team, formerly Student Study Team, is a positive
schoolwide early identification and intervention process. Working
as a team, the student, parent, teacher and school administrator
identify the student's strengths and assets upon which an
improvement plan can be designed. As a regular school process, the
team intervenes with school and community support and an improvement
plan that all team members agree to follow. Follow- up meetings are
planned to provide a continuous casework management strategy to
ensure the needs of students are met.
ANALYSIS
This bill requires the California Department of Education to
designate funds to a county office of education to establish
professional development activities to support the development and
expansion of Schoolwide Positive Behavior Intervention and Support
(PBIS) programs. Specifically, this bill:
1) Requires the CDE, to the extent one-time funding is available
in the 2014 Budget, to apportion funds to a designated county
office of education to be the fiduciary agent for the PBIS
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program. This bill requires the Superintendent of Public
Instruction to select the designated county office from those
that apply for such designation.
2) Requires the designated county office of education to be
responsible for the establishment of specific professional
development activities that will lead to statewide professional
development support structures allowing for the development and
expansion of PBIS efforts in each region of the state.
3) Requires this professional development and outreach effort
build upon existing statewide and regional organizations, and
networks that are providing services related to PBIS and other
mental health approaches. This bill states that the goals is
to organize PBIS trainings and resources to be disseminated on
a regional basis. This bill requires trainings, associated
materials, and research to educate participants on how to have
PBIS support local control and accountability plan strategic
goals in alignment with a multi-tiered support system
framework.
4) Requires the designated county office of education to consult
with the K-12 Student Mental Health Initiative, the National
Alliance on Mental Health Illness, the California Technical
Assistance Center on PBIS, the California County
superintendents Educational Services Association, the
California Mental Health Directors Association, the United
Advocates for Children and Families, and other non-profit
agencies throughout the state. This bill requires the
designated county office to select an advisory committee
consisting of stakeholders and mental health professionals who
have participated in the development and expansion of PBIS
programs to assist in the planning and implementation of this
project.
5) Requires funding to be targeted to all of the following
activities, within the context of planning and implementation:
a) Explaining the importance of linking PBIS
efforts with local control funding formula planning.
b) Creating broad exposure to PBIS, which
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includes pamphlets, videos, creation of websites, webinars
and newsletters.
c) Creating regional conferences on PBIS
implementation to provide free training for teachers,
school psychologists, and administrators.
d) Establishing stipends for release time for
school personnel to attend workshops.
e) Developing best practices of current
district-level PBIS systems and ensure best practices are
widely disseminated.
f) Establishing a cohort of trainers that can
be available to work directly with local school districts
seeking to implement PBIS.
g) Establishing a repository for the
collection and dissemination of PBIS best practices.
6) Requires the designated county office of education, working in
cooperation with the Department of Finance, California
Department of Education, and Legislative Analyst, to analyze
the relevant data on the success of PBIS at both the state and
national levels, and establish a set of best practices to be
made available to school districts and consortia of districts
to expand current mental health programs and to use as the
foundation of addressing school discipline issues including
school violence, suspensions, expulsions, and bullying.
7) Requires the Legislative Analyst's Office to review the impacts
of professional development and report to the Governor and
Legislature by June 30, 2016, on the breath and best practices
of the training.
8) States legislative findings and declarations relative to the
effect of positive behavior interventions on suspensions and
expulsions, and academic engagement and achievement.
STAFF COMMENTS
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1) How many schools currently implement ? Many schools voluntarily
follow models of tiered interventions to address student needs
prior to imposing discipline or making
referrals to special education. Statewide data on the current
implementation of such frameworks or programs is not collected.
2) Available information . The California Department of
Education's (CDE) website includes an implementation and
technical assistance guide for response to intervention, and
information on multi-tiered systems of support.
http://www.cde.ca.gov/be/pn/im/documents/memo-ilsb-plsd-oct13ite
m02.doc The Positive Environments, Network of Trainers is a
positive behavior initiative that disseminates through its
website information and resources regarding the use of
proactive positive strategies. http://www.pent.ca.gov/ Staff
recommends an amendment to require the consideration and
inclusion, as appropriate, of resources that are currently
available.
3) Other programs . This bill requires the establishment of
professional development activities to support the development
and expansion of Schoolwide Positive Behavior Intervention and
Support programs. Other similar programs, frameworks, and
approaches existing and are currently being implemented in
schools. Staff recommends an amendment to broaden the scope of
the bill to reference multi-tiered interventions and support
programs, including but not limited to statewide positive
interventions and supports, and response to intervention.
4) Expansion of current programs . This bill requires best
practices to be made available to school districts to expand
current mental health programs and to use as the foundation of
addressing school discipline issues including school violence,
suspensions, expulsions, and bullying. Staff recommends an
amendment to strike reference to mental health and discipline,
and instead reference the expansion of schoolwide multi-tiered
interventions and supports to address academic and behavioral
issues, and the ability to be used as a foundation for the
annual goals and state priorities (such as student engagement
and school climate) to be included in local control
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accountability plans.
5) Designated county office of education . This bill requires the
Superintendent of Public Instruction (SPI) to select the
designated county office of education from those that apply for
such designation. This bill does not establish an application
process nor guidance for the selection of the appropriate
county office, thereby giving the SPI complete discretion to
determine if the county office is capable of meeting the
fiduciary responsibilities and other requirements of this bill.
6) Advisory committee . This bill requires the designated county
office to select an advisory committee consisting of
stakeholders and mental health professionals who have
participated in the development and expansion of PBIS programs
to assist in the planning and implementation of this project.
This bill also requires the designated county office of
education to work in cooperation with the Department of
Finance, California Department of Education, and Legislative
Analyst, to analyze the relevant data and establish a set of
best practices. Is it necessary for the designated county
office to consult with state agencies and also create an
advisory committee of stakeholders, rather than one workgroup
that includes all appropriate entities?
7) Report . This bill requires the Legislative Analyst's Office to
review the impacts of professional development and report to
the Governor and Legislature by June 30, 2016, on the breath
and best practices of the training. It is not clear that this
deadline will give sufficient time for the professional
development to be delivered and rooted, and is unlikely to be
sufficient if professional development is not currently
available. Staff recommends an amendments to push the report
due date back to June 30, 2017, and require the report to also
be submitted to the California Department of Education.
8) Restorative justice . The author wishes to amend this bill to
include language relative to restorative justice and practices
in the legislative findings and declarations, and specifically
include the incorporation of restorative practices within
schoolwide positive behavior interventions and support efforts.
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In findings and declarations: 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 re-occurrence. Restorative
practices applies in a schoolwide context, is used to build a
sense of school community and resolve conflict by repairing
harm and restoring positive relationships where students 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.
On page 5, line 14, after "efforts" insert "including the
incorporation of restorative practices."
9) Technical amendment . Staff recommends an amendment to clarify
that best practices to be developed and disseminated are based
on the analysis completed by the designated county office of
education and specified state agencies. On page 6, line 10,
after "systems" insert "pursuant to subdivision (e)."
10) Fiscal impact . This bill provides that it is to be implemented
to the extent one-time funding is available in the 2014 Budget.
The local control funding formula authorizes school districts
to use funds for the initiatives such as those proposed by this
bill.
11) Related legislation . SB 596 (Yee, 2014) requires the
California Department of Education to establish a three-year
pilot program to encourage inclusive practices that integrate
mental health, special education, and school climate
interventions following a multi-tiered framework. SB 596 is
pending referral in the Assembly.
SUPPORT
American Civil Liberties Union
California Association of School Psychologists
California School-Based Health Alliance
Central Unified School District
Children Now
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Public Counsel
OPPOSITION
None on file.