Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1025

Introduced by Assembly Member Thurmond

February 26, 2015

An act to add Section 124174.7 to the Health and Safety 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.

This bill would require the State Department of Education to begin insert develop and implement federal Substance Abuse and Mental Health Services Administration “Now is The Time” funded pilot projects and to end insert establish begin delete a 3-year pilot program end delete begin insert additional pilot programs end insert to encourage inclusive practices that integrate mental health, special education, and school climate interventions following a multitiered framework in begin delete 3 schools in 10 school districts, end delete begin insert school districts end insert begin insert that apply to participate, end insert as specified. The bill would require the State Department 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 start up and evaluation 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, contingent on the enactment of an appropriation for this purpose, would require the department 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 in accordance with a comprehensive evaluation plan developed by the State Department of Health Care Services begin insert , the Mental Health Services Oversight and Accountability Commission, end insert and the State Department of Education 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. begin insert 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- end insert begin insert 12 schools, as specified. end insert

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.  

(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.

begin insert

(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 San Diego County for pilot programs.

end insert begin insert

(7) Similar pilot programs are already established in the City
of Oakland and in San Bernardino County.

end insert begin insert

(8) The programs in the City of Oakland and San Bernardino
County are demonstrating that these programs generate savings
that more than offset their costs.

end 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.

SEC. 2.  

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

124174.7.  

(a) (1) The State Department of Education shall
begin insert develop and implement federal Substance Abuse and Mental Health
Services Administration “Now is The Time” funded pilot projects
in accordance with this section and shall end insert establish begin delete a three-year
pilot program end delete begin insert additional pilot programs end insert in accordance with this
section to encourage inclusive practices that integrate mental
health, special education, and school climate interventions
following a multitiered framework.

(2) For purposes of this section, “department” means the State
Department of Education.

(b)  begin delete The end delete begin insert To the extent that funds are appropriated end insert begin insert in the annual
Budget Act, th end insert begin insert e end insert department shall establish the pilot program in
three begin insert additional end insert schools in each of begin delete 10 end delete begin insert five additional end insert school
districts that apply to participate through the submission of detailed
applications providing estimates for the amount of funding being
requested for begin delete start up end delete begin insert startup end insert and evaluation of the program and
specifying their intended models. The department 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
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 pupil’s referral to special education or placement in more
restrictive, isolated settings.

begin insert

(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.

end insert

(c) Contingent on the enactment of an appropriation in the
annual Budget Act for the purpose of implementing this section,
the department 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 begin insert , the
Mental Health Services Oversight and Accountability Commission, end insert
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 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.

begin insert

(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.

end insert