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AB-875 Pupil health: in-school support services.(2019-2020)

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Date Published: 04/12/2019 04:00 AM
AB875:v97#DOCUMENT

Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 875


Introduced by Assembly Member Wicks

February 20, 2019


An act to amend Sections 8802, 8803, 8804, 8804.5, 8806, and 8807 of, and to amend the heading of Article 2 (commencing with Section 8803) of Chapter 5 of Part 6 of Division 1 of Title 1 of, the Education Code, relating to pupil health.


LEGISLATIVE COUNSEL'S DIGEST


AB 875, as amended, Wicks. Pupil health: in-school support services.
The Healthy Start Support Services for Children Act requires the Superintendent of Public Instruction to award grants to local educational agencies or consortia to fund programs in qualifying schools that provide support services, which include case-managed health, mental health, social, and academic support services, to eligible pupils and their families. The act establishes the Healthy Start Support Services for Children Program Council, specifies the members of the council, and provides for the duties of the council, which include assisting a local educational agency or consortium with local technical assistance, as provided. The act authorizes a local educational agency or consortium to contract with other entities, including county agencies and private nonprofit organizations or private partners, to provide services to pupils and their families.
This bill would revise the list of entities that qualify for a grant and the eligibility criteria for a grant, as provided. The bill would rename the council to the Healthy Start Support Services for Children Initiative Council and would revise its membership. The bill would define “technical assistance,” for purposes of the act, as provided. The bill would authorize a local educational agency or consortium to contract additionally with a family resource center.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 California, nearly one-half of all children live in or near poverty and more than 60 percent have experienced at least one adverse childhood experience.
(b) Prevention and early intervention are critical to child well-being and every child deserves a healthy start in life. However, California’s current approach towards child safety and healthy development is predominately reactive, not preventative.
(c) Fewer than one in three young children receive timely developmental screenings and one in four children in California under six years of age are at moderate to high risk for developmental, behavioral, or social delays.
(d) California’s education system has seen substantial policy shifts over the past decade with major implications and opportunities for the state’s 6,200,000 pupils. In fact, the state ranks 43rd nationwide in Medicaid spending per pupil on school-based health and mental health services.
(e) The challenges facing children and families at the local level in accessing supports across child-serving sectors and the consequences of failure are intergenerational.
(f) The Healthy Start Support Services for Children Grant Program, when funded and evaluated by the state previously, showed that the physical, mental, and emotional health of pupils and their families improved and the pupil’s academic success improved greatly. Additionally, the program was estimated at a statewide level to leverage four dollars in otherwise untapped local and federal funds for every one dollar invested by the state.
(g) This is why it is imperative that the state restore and modernize the Healthy Start Support Services for Children Grant Program and its data-driven approach to ensure that not only is the state investing in what we know works best for communities, but that the state is also including trauma-informed care and innovative ways to leverage federal, state, and local funding to support a whole child and whole community approach.

SEC. 2.

 Section 8802 of the Education Code is amended to read:

8802.
 For purposes of this chapter, the following definitions apply:
(a) “Agency secretary” means the Secretary of California Health and Human Services.
(b) “Community center” means a place, structure, or facility under the jurisdiction of a governing body of a public authority used for community services.
(c) “Consortium” means two or more local educational agencies, or one or more local educational agencies and one or more cooperating agencies.
(d) “Cooperating agency” means any federal, state, or local public or private nonprofit agency that agrees to offer support services at a schoolsite or agreed-upon community center through a program implemented under this chapter.
(e) “Council” means the Healthy Start Support Services for Children Initiative Council.
(f) “Lead agency” means the department.
(g) “Local educational agency” means a school district or county office of education.

(h)“Pupil, parent, community coordinator” means a paraprofessional whose role is to provide family support, education, and resource information about supports and services available to children and families, and who serves as a liaison among school employees, community agencies, and service providers to help coordinate referrals and access to needed care and supports for children and families.

(i)

(h) “Private partner” means a private business or foundation that provides financial assistance or otherwise assists a support services program operated under this chapter.

(j)

(i) “Qualifying entity” means an entity that is any of the following:
(1) A local educational agency in which 50 percent or more of the enrolled pupils meet either of the following descriptions: are unduplicated pupils.

(A)The pupils are from families that receive benefits from the CalWORKs program (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), or any successor program, or have limited English proficiency, as identified pursuant to Section 52163, or both.

(B)The pupils are eligible to receive free or reduced-price meals under Section 49552.

(2) A local educational agency that has higher-than-average dropout rates.
(3) A school that is not within a local educational agency that satisfies the criteria in paragraph (1) or (2) but that demonstrates other factors that warrant its consideration, including, but not limited to, fulfilling an exceptional need or providing service to a particular target population. No more than 10 percent of the schools that participate in the program established by this chapter may be schools that qualify under this paragraph. A school that receives a grant under this paragraph shall ensure that the following unduplicated pupils in that school are given priority to receive services provided with the grant money: (A) are from families that receive benefits from the Aid to Families with Dependent Children program or any successor program, have limited English proficiency, as identified pursuant to Section 52163, or both, or (B) are eligible to receive free or reduced-price meals under Section 49552. money.

(k)

(j) “Superintendent” means the Superintendent of Public Instruction.

(l)

(k) “Support services” means services that will enhance the physical, behavioral, mental, social, emotional, and intellectual development of children and their families.

(m)

(l) “Technical assistance” means a structure to deliver training and technical assistance to grantees using regional collaboratives and state, regional, and local technical assistance providers that have expertise in pupil and family engagement, school-community collaboration of service delivery and financing, the coordination and integration of support services, and multi-indicator data collection and evaluation.
(m) “Unduplicated pupil” has the same meaning as that term is defined in Section 42238.02.

SEC. 3.

 The heading of Article 2 (commencing with Section 8803) of Chapter 5 of Part 6 of Division 1 of Title 1 of the Education Code is amended to read:
Article  2. Healthy Start Support Services for Children Initiative Council and Grant Program

SEC. 4.

 Section 8803 of the Education Code is amended to read:

8803.
 In order to encourage the integration of children’s services, it is the intent of the Legislature to promote interagency coordination and collaboration among the state agencies responsible for providing support services to children and their families. Therefore, the Legislature hereby establishes the Healthy Start Support Services for Children Initiative Council, as follows:
(a) The membership of the council shall include all of the following:
(1) The Superintendent, or the Superintendent’s designee, who shall serve as the chairperson of the council.
(2) The agency secretary, or the agency secretary’s designee.
(3) The Director of Health Care Services, or the Director of Health Care Services’s designee.
(4) The Director of Social Services, or the Director of Social Services’s designee.
(5) The chairperson of the Mental Health Services Oversight and Accountability Commission, or the chairperson’s designee.
(6) The California Surgeon General, or the California Surgeon General’s designee.
(7) A parent, foster parent, relative caregiver, or legal guardian of a Medi-Cal enrollee who is 10 years of age or younger.
(8) A representative of a community-based organization with expertise in coordinated and integrated services and supports.
(b) Duties of the council shall include:
(1) Developing, promoting, and implementing policy supporting the Healthy Start Support Services for Children Grant Program.
(2) Assisting the lead agency in reviewing grant applications submitted to the lead agency and providing the lead agency with recommendations for awarding grants pursuant to Section 8804.
(3) Soliciting input regarding program policy and direction from individuals and entities with experience in the integration of children’s services.
(4) Assisting the lead agency in fulfilling its responsibilities under this chapter.
(5) Providing recommendations to the Governor, the Legislature, and the lead agency regarding the Healthy Start Support Services for Children Grant Program.
(6) At the request of the Superintendent, assisting the local educational agency or consortium in planning and implementing this program, including assisting with local technical assistance and developing agency collaboration.

SEC. 5.

 Section 8804 of the Education Code is amended to read:

8804.
 The Superintendent shall award grants to a local educational agency that is a qualifying entity, or to a local educational agency or consortium on behalf of one or more schools that are qualifying entities within the local educational agency or consortium, to pay the costs of planning and operating programs that provide support services to pupils and their families at or near the school at which the pupil is enrolled, as follows:
(a) Grants shall be awarded by the Superintendent based upon the recommendations of the council and pursuant to this section.
(b) Two types of grants may be awarded to applicant local educational agencies or consortia, depending upon the level of readiness of that applicant to implement a program pursuant to this chapter. The Superintendent shall issue requests for applications for awarding the grants, which shall specify maximum dollar amounts for which each type of grant may be awarded. The requests for applications also shall specify other criteria, as required by this article. The Superintendent shall award those grants as follows:
(1) Planning grants may be awarded to local educational agencies or consortia that have demonstrated a need to implement a program, but that are not ready to begin the operation of the program, or that are in need of additional planning to expand existing support services programs. Planning grants shall be no more than fifty thousand dollars ($50,000) and shall be awarded for a period not to exceed two years. Upon completion of the planning phase, the local educational agency or consortium shall be eligible to apply for and may receive an operational grant.
(2) Operational grants may be awarded to local educational agencies or consortia that have demonstrated readiness to begin operation of a program or to expand existing support services programs. Operational grants shall supplement, not supplant, existing services and funds, and shall be awarded for a period not to exceed five years.
(A) Operational grants shall be awarded for no more than three hundred thousand dollars ($300,000). No more than 50 percent of each grant shall be available for expenditure on direct services, as long as the grant application contains a three-year plan to significantly reduce or to eliminate agency reliance on funding provided under this article for direct services. Direct services do not include salaries for staff who are developing or implementing the program.
(B) Recipients of operational grants may also receive one-time startup grants, which may be used, among other things, for purchasing equipment, hiring staff, designing a program evaluation, or hiring a consultant. Startup grants shall be awarded for not more than one hundred thousand dollars ($100,000).
(3) If a local educational agency or consortium submits an application for an operational grant on behalf of a school that does not meet the criteria specified in subdivision (g), (h), (i), or (j), (f), the Superintendent may offer the applicant a planning grant if the local educational agency or consortium has not received previously a planning grant on behalf of that school.
(c) All grants awarded under this article shall be matched by the participating local educational agency or consortium and its cooperating agencies with one dollar ($1) for each four dollars ($4) awarded. The match shall be contributed in cash or as services or resources of comparable value. It is the intent of the Legislature that participants seek and use private funds or resources for this purpose. The Superintendent may waive the match requirement upon verifying that the local educational agency or consortium made a substantial effort to secure a match but was unable to secure the required match.
(d) The Superintendent shall award grants pursuant to this article to local educational agencies or consortia in northern, central, and southern California, in urban, suburban, and rural areas. To the extent possible, the grants shall be awarded for programs representative of the ethnic and linguistic diversity of schoolage pupils and their families. Further, to the extent possible, 70 percent of the grants shall be awarded to schools serving elementary school pupils and 30 percent to schools serving junior and senior high school pupils.
(e) Of the qualified entities that receive grants each year, not more than 10 percent may be selected based on the criteria identified in paragraph (3) of subdivision (i) of Section 8802.
(f) A local educational agency that is a qualifying entity, or a local educational agency or consortium on behalf of one or more schools that are qualifying entities within the local educational agency or consortium, is eligible for a grant under this article if it demonstrates in its program plan that it:
(1) Will give priority for services provided under this chapter to pupils and nonpupil siblings under five years of age from low-income families.
(2) Will assist families in responding to support services needs of pupils and nonpupil siblings under five years of age.
(3) Has established the local agency collaboration process described in Article 4 (commencing with Section 8806), including a mechanism for sharing governance with cooperating agencies and entities, and for integrating or redirecting existing resources and other school support services.
(4) Has submitted or is submitting an application to the department and the State Department of Health Care Services for certification as a Medi-Cal provider, pursuant to Section 14000, and following, of the Welfare and Institutions Code.
(5) Involves parents or guardians and teachers in the process of identifying the service needs of pupils and nonpupil siblings under five years of age and in the planning for and provision of support services.
(6) Has identified how the services funded through the program will be integrated with the school’s multitiered system of support.
(g) For purposes of this chapter, support services shall include case-managed health, mental health, social, and academic support services benefiting children and their families, and may include, but are not limited to:
(1) Health care, including:
(A) Immunizations.
(B) Vision and hearing testing and services.
(C) Dental services.
(D) Physical examinations, diagnostic, and referral services.
(E) Prenatal care.
(2) Mental health services, including all of the following:
(A) Primary prevention.
(B) Crisis intervention.
(C) Assessments and referrals.
(D) Training for teachers and school personnel in the detection of mental health problems, the impact of adverse childhood experiences, trauma-informed care and education, and building resiliency and helping pupils and families heal.
(3) Substance abuse prevention, early intervention, and treatment services, including all of the following:
(A) Outreach, risk assessment, and education for pupils and families.
(B) Youth-focused substance use disorder prevention and treatment programs that are culturally and gender competent, trauma-informed, and evidence-based.
(4) Family support and parenting education, including child abuse prevention and parenting programs, such as home visits.
(5) Academic support services, including tutoring, mentoring, employment, and community service internships, and inservice training for teachers and administrators. However, grants for these purposes shall supplement, not supplant, existing resources in these areas.
(6) Counseling, including family counseling and suicide prevention.
(7) Services and counseling for children who experience violence, toxic stress, or adverse childhood experiences in their communities.
(8) Nutrition services.
(9) Youth development services, including tutoring, mentoring, recreation, career development, and job placement.
(10) Case management services.
(11) Provision of onsite Medi-Cal eligibility workers.
(h) A local educational agency or consortium may contract with other entities, including county agencies, family resource centers, and private nonprofit organizations or private partners, to provide services to pupils and their families.
(i) A local educational agency or consortium seeking a grant under this article shall submit an application to the Superintendent at a time and in a manner, and with any appropriate information, as the Superintendent may reasonably require. Each grant application submitted shall include all of the following:
(1) A description of the proposed programs, including four or more support services expected to be provided at the schoolsite or at a site near, or adjacent to, the school.
(2) Documentation of need for participation in the Healthy Start Support Services for Children Grant Program.
(3) Documentation of need for planning assistance, program operation support, or both.
(4) As to any operational grant application, a description of the objectives of the program, the amount and sources of required funding, the existing resources to be used or redirected, the priorities for development and timing of the program, the agencies responsible for the implementation of the program, and the procedures for the evaluation of the program. The program plan submitted with an operational grant application shall include all of the following:
(A) Provisions for data collection and recordkeeping, including records of the population served, the components of the service, the results of the service, and costs, including startup, direct, and indirect costs, including those to other agencies, and cost savings.
(B) A service evaluation component, including input, process, and outcome indicators, quality assessment, and the process by which these measures will be taken. In addition, the plan shall include specific targets and outcome measures.
(C) A specific governing mechanism by which the plan will be implemented, including local decisionmaking responsibilities, organizational needs, anticipated problems and procedures to solve them, and incentives for collaboration and participation incentives to personnel.
(D) A specific system for providing case management services, including procedures for implementation, identification of the target population, anticipated outcomes, and a list of existing services, resources, and programs that will be used as components of the program.
(E) A description of how the services funded through the program will be integrated with the school’s multitiered system of support.
(5) In the case of a consortium, a list of its members.
(6) The grant application also shall document any procedures that have been, or will be, taken to designate the local educational agency as a Medi-Cal provider pursuant to Section 14000, and following, of the Welfare and Institutions Code.
(7) A description of technical assistance, professional growth, and development needs, if any.
(8) A description of the proposed plan for family involvement in the program.
(9) A description of the population anticipated to be served.
(10) As to any planning grant application, a plan describing how the proposed program will be implemented after the grant expires.
(j) Grants awarded pursuant to this article may be used for salaries of staff responsible for developing or implementing the program plan and administrative support staff, equipment and supplies, training, and insurance, pursuant to subdivision (b).
(k) No more than 10 percent of the amount appropriated in a fiscal year for purposes of this chapter may be used by the Superintendent for state-level administration of this chapter, including evaluation and technical assistance. Technical assistance includes, but is not limited to, establishing interagency collaboration, providing information dissemination and referrals, including information about appropriate program models, conducting site visits, ensuring grantees are able to learn from each other, and convening workshops to assist in the implementation of a program developed pursuant to this chapter.
(1) Of the amount provided in the annual Budget Act for state-level administration, up to 75 percent may be used for the purpose of outreach and technical assistance to local educational agencies. The remainder shall be used for state-level program administration.
(2) The Superintendent shall ensure that adequate resources are available to conduct an evaluation pursuant to subdivision (b) of Section 8805.
(l) In any fiscal year in which funding is available, grants shall be awarded according to the following schedule:
(1) The Superintendent shall issue requests for applications on or before November 1.
(2) Grant applications shall be submitted to the Superintendent on or before March 1.
(3) The Superintendent shall award grants on or before May 15.

SEC. 6.

 Section 8804.5 of the Education Code is amended to read:

8804.5.
 (a) The Legislature finds and declares that, as the number of planning and operational grants awarded pursuant to this chapter increases, additional local planning and coordinating efforts will be necessary among school districts, county offices of education, county governments, community organizations, and nonprofit organizations for all of the following reasons:
(1) To avoid the duplication of efforts among agencies that administer the grants.
(2) To develop linkages between several school districts, individual county agencies, statewide organizations, or nonprofit organizations.
(3) To disseminate training and technical assistance materials developed by the department and other involved organizations.
(4) To plan for, and ensure, the continued ability of local educational agencies or consortia to provide support services with an operational grant, including planning and supporting the funding of those services beyond the three-year grant period through such means as Medi-Cal, the Mental Health Services Act, an initiative measure enacted by voter approval of Proposition 63 at the November 2, 2004, statewide general election, and the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted by voter approval of Proposition 64 at the November 8, 2016, statewide general election, among other sources.
(5) To plan for, and ensure, the expansion of support services provided with an operational grant through creative refinancing options and the provision of comprehensive, integrated school-linked services to sites that do not receive planning or operational grants.
(b) From funds appropriated in the annual Budget Act for the Healthy Start Support Services for Children Act, the department may award county or regional planning and coordinating grants to no more than 11 local educational agencies or consortia each year, to be used for the purposes enumerated in subdivision (a). A grant shall be for an amount not to exceed fifty thousand dollars ($50,000). The total amount of grants awarded annually pursuant to this section shall not exceed five hundred fifty thousand dollars ($550,000). The duration of each grant shall be mutually agreed upon by the grantee and the department.
(c) In awarding grants for purposes of this section, the department shall give priority to local educational agencies or consortia that possess one or more of the following:
(1) An established capacity for leadership in the community and an ability to engage in local problem solving and to creatively approach the restructuring of service delivery methods.
(2) A demonstrated ability to work with and among service delivery agencies and systems, including county mental health, health, probation, and social service systems.
(3) The capacity to support county and regional planning and coordination efforts to be more responsive to the needs of children and their families in providing support services.
(4) Knowledge of the most effective strategies for refinancing grants and for integrating services between and among agencies.
(d) A local educational agency or consortia shall collaborate with local service delivery agencies and existing collaborative councils in implementing a grant received pursuant to this section.

SEC. 7.

 Section 8806 of the Education Code is amended to read:

8806.
 (a) A local educational agency or consortium applying for a grant under this chapter shall establish procedures to ensure ongoing consultation and collaboration with local agencies for the purposes set forth in subdivision (c). The consultation and collaboration process shall involve, at a minimum, parents or guardians and teachers of pupils at schools that are qualifying entities, or are within a local educational agency that is a qualifying entity, and representatives of each member agency or private partner who will provide, or is anticipated to provide, services pursuant to this chapter.
(b) If the local educational agency or consortium is located within a county that has established an interagency children’s services coordinating council pursuant to Chapter 12.8 (commencing with Section 18986) of Part 6 of Division 9 of the Welfare and Institutions Code, any Healthy Start Support Services for Children Grant Program proposal submitted under this chapter first shall be approved by that council. The implementation of a program developed pursuant to this chapter shall be subject to the regular review of the interagency children’s services coordinating council. The local educational agency or consortium may engage in those activities authorized pursuant to Article 3 (commencing with Section 18986.20) of Chapter 12.8 of Part 6 of Division 9 of the Welfare and Institutions Code, provided that the interagency children’s services coordinating council first approves those activities. The interagency children’s services coordinating council or its members may be designated to fulfill the responsibilities of the consultation and collaboration process required by this article.
(c) Responsibilities of individuals designated for consultation and collaboration by the local educational agency or consortium shall include, but not be limited to, the following:
(1) Participating in the development of the program during the planning stages.
(2) Participating with the local educational agency or consortium in the design and operation of the program.
(3) Facilitating communication between the local educational agency or consortium and state, local, and community-based organizations providing support services to children.
(4) Making recommendations to appropriate organizations regarding ways to improve delivery of support services to children, and in the most cost-effective manner.

SEC. 8.

 Section 8807 of the Education Code is amended to read:

8807.
 (a) The department is required to implement this chapter only to the extent that funds are apportioned for that purpose under the annual Budget Act, or are made available to the department for purposes of this chapter from federal sources. It is the intent of the Legislature that the Superintendent, in consultation with the agency secretary, seek and use any federal funds that may be made available for purposes of this chapter.
(b) All money appropriated by the Legislature to the Superintendent for purposes of the Healthy Start Support Services for Children Act, shall be allocated by the Superintendent to local educational agencies or consortia that have been selected to participate in the grant program. Any amount not allocated during a fiscal year may be carried over to the subsequent fiscal year. In order to ensure that those local educational agencies or consortia that receive planning grants will be eligible to receive operational grants, a portion of any funds appropriated during a fiscal year may be reserved for allocation as operational grants in future fiscal years.
(c) (1) Any funds that are not expended by a local educational agency or consortium by the end of the three-year period of the grant shall be returned to the state, except that a local educational agency or consortium that received an operational grant in the 1993 calendar year or receives an operational grant in any calendar year thereafter may retain up to twenty-five thousand dollars ($25,000) of any amount not expended within the three-year period of the grant.
(2) The expenditure of any funds retained pursuant to paragraph (1) shall be for a one-year period and shall be used exclusively to continue the program operations consistent with the original grant. Retention of funds pursuant to paragraph (1) shall be contingent on approval by the department of an expenditure plan submitted by the local educational agency or consortium.
(d) To the extent permitted by federal law, any funding made available to a local educational agency or consortium shall be subject to all of the following conditions:
(1) The program is open to children without regard to any child’s religious beliefs or any other factor related to religion.
(2) Religious instruction is not included in the program.
(3) The space in which the program is operated is not used in any manner to foster religion during the time used for operation of the program.