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AB-1025 Pupil health: multitiered and integrated interventions pilot program.(2015-2016)

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Amended  IN  Senate  August 18, 2015
Amended  IN  Assembly  June 02, 2015
Amended  IN  Assembly  May 06, 2015
Amended  IN  Assembly  April 06, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 1025


Introduced by Assembly Member Thurmond

February 26, 2015


An act to add and repeal Article 3 (commencing with Section 49440) of Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, relating to pupil health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1025, as amended, Thurmond. 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. Existing law requires the Superintendent of Public Instruction, among his or her other duties, to serve as the chief executive officer of the State Department of Education. Existing law makes a one-time appropriation from the General Fund to the Superintendent to apportion to a designated county office of education or designated county offices of education for the purposes of providing technical assistance and encouraging and assisting in the development of schoolwide, data-driven systems of learning and behavioral supports to meet the needs of California’s diverse learners.
This bill, until January 1, 2020, would require the State Department of Education the designated county office of education or county offices of education in the above-mentioned appropriation, in conjunction with the State Board of Education and a steering committee that the bill would require the department to establish, 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 school districts that apply to participate, as specified. The bill would require the State Department of Education the designated county office of education or designated county offices of education to select schools where at least 60% of the student body is eligible for a free or reduced-price meal program and whose applications provide an estimate for the amount of funding being requested for startup and evaluation evidence of a plan to serve their pupils with a combination of school funds and mental health funds and 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 bill, in accordance with the enactment of an appropriation for this purpose, the above-mentioned appropriation, would require the State Department of Education designated county office of education or county offices of education to provide startup and evaluation funding to each school participating in the pilot program, and would require the schools to provide certain information to the State Department of Education department, in accordance with a comprehensive evaluation plan developed by the State Department of Health Care Services, the Mental Health Services Oversight and Accountability Commission, and the State Department of Education steering committee, to assess the impact of the pilot program and disseminate best practices. The bill would require the State Department of Education to submit a report to the Legislature evaluating the success of the pilot program at the end of the 3-year period. The bill would require the Mental Health Services Oversight and Accountability Commission to revise its guidelines and regulations regarding prevention and early intervention programs in K–12 schools, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (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:
(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 from 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 among 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.
(6) The State Department of Education has recently received a grant from the federal Substance Abuse and Mental Health Services Administration to develop these special education programs and has selected the City of Santa Rosa, the City of Garden Grove, and the County of San Diego for pilot programs.
(7) Similar pilot programs are already established in the City of Oakland and in the County of San Bernardino.
(8) The programs in the City of Oakland and the County of San Bernardino are demonstrating that these programs generate savings that more than offset their costs.
(b) It is the intent of the Legislature that, upon demonstrated success of the pilot program established pursuant to Section 49440 of the Education 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.

SEC. 2.

 Article 3 (commencing with Section 49440) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read:
Article  3. Multitiered and Integrated Interventions Pilot Program

49440.
 (a) As part of the plan to provide technical assistance and disseminate statewide resources that encourage and assist local educational agencies in establishing and aligning schoolwide, data-driven systems of learning and behavioral supports, pursuant to Section 57 of Chapter 13 of the Statutes of 2015, the department designated county office of education or county offices of education, in conjunction with the state board and the steering committee established pursuant to subdivision (d), shall establish a three-year pilot program in accordance with this article to encourage inclusive practices that integrate mental health, special education, and school climate interventions following a multitiered framework.
(b) In accordance with moneys appropriated in the annual Budget Act or another statute the funds specified in Section 57 of Chapter 13 of the Statutes of 2015 and other funds that may be appropriated for the purpose of implementing this article, the department designated county office of education or county offices of education shall establish the pilot program in three two schools in each of five school districts that apply to participate through the submission of detailed applications providing estimates for the amount of funding being requested for startup and evaluation of the program and specifying their intended models. The schools selected shall not include schools that received a federal Substance Abuse and Mental Health Services Administration’s “Now is The Time” grant. The department designated county office of education or county offices of education shall select schools where at least 60 percent of the student body is eligible for a free or reduced-price meal program and whose applications provide evidence of a plan to serve their pupils with a combination of school funds and mental health funds and 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.

(1) Entering into a partnership with the county in which the school is located, or implement another method, in order to demonstrate access to adequate funding to serve Medi-Cal eligible pupils who are not in special education programs.
(2) Leverage Leveraging 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 uses 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 pupil’s referral to special education or placement in more restrictive, isolated settings.
(8) Specific strategies and practices that ensure parent engagement with the school and provide parents with access to resources that support their children’s educational success.
(c) In accordance with an appropriation in the annual Budget Act or another statute the funds specified in Section 57 of Chapter 13 of the Statutes of 2015 and other funds that may be appropriated for the purpose of implementing this article, the department designated county office of education or county offices of education shall provide startup and evaluation funding to each school participating in the pilot program in the following amounts:
(1) Two hundred fifty thousand dollars ($250,000) in year one.
(2) Two hundred thousand dollars ($200,000) in year two.
(3) One hundred fifty thousand dollars ($150,000) in year three.

(d)(1)The State Department of Health Care Services, the Mental Health Services Oversight and Accountability Commission, and the department shall develop a comprehensive evaluation plan to assess the impact of the pilot program and disseminate best practices.

(d) (1) (A) The department shall establish a steering committee to provide advice and direction to the department to develop criteria for grant awards and to develop a comprehensive evaluation plan to assess the impact of the pilot program and disseminate best practices.
(B) The steering committee shall include representatives from the department, the State Department of Health Care Services, the Mental Health Services Oversight and Accountability Commission, and the state board, teachers, administrators, county behavioral health directors, behavioral health providers, and representatives of special education local plan areas.
(2) Outcomes and indicators to be reported pursuant to this subdivision by schools participating in the pilot program shall include, but need not 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 making 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.

(e) The Mental Health Services Oversight and Accountability Commission shall revise its guidelines and regulations for Prevention and Early Intervention Programs of the Mental Health Services Act, pursuant to Section 5840 of the Welfare and Institutions Code, to require that these prevention and early intervention programs in K–12 schools are designed to support the implementation or expansion of model programs in accordance with the criteria set forth in this section.

49441.
 This article shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.