Amended in Assembly May 6, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1025


Introduced by Assembly Member Thurmond

February 26, 2015


An act to addbegin delete Section 124174.7 to the Health and Safetyend deletebegin insert and repeal Article 5.5 (commencing with Section 48280) to Chapter 2 of Part 27 of Division 4 of Title 2 of the Educationend insert 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.

Thisbegin delete billend deletebegin insert bill, until January 1, 2020,end insert would require the State Department of Education tobegin delete develop and implement federal Substance Abuse and Mental Health Services Administration “Now is The Time” funded pilot projects and toend delete establishbegin delete additional pilot programsend deletebegin insert a 3-year pilot programend insert 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 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 forbegin delete start upend deletebegin insert startupend insert 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, the Mental Health Services Oversight and Accountability Commission, 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. 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. State-mandated local program: no.

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

P2    1

SECTION 1.  

(a) The Legislature finds and declares that pupils
2from all backgrounds and circumstances in California deserve
3adequate behavioral and academic support to achieve their full
4potential. The Legislature further finds and declares all of the
5following:

6(1) Pupils in California face relational and environmental
7stressors that diminish their ability to achieve their full potential.
8Among these complex challenges may be poverty, frequent
9exposure to violence, placement in the foster care system, and
10other negative experiences that result in chronic stress and trauma.
11Nearly 700,000 pupils in California receive special education
12services, and nearly one-in-four youth are living in poverty. Nearly
1360,000 youth are currently placed in foster care, and as many as
1420 percent of youth are in need of mental health interventions.

P3    1(2) Pupils with these stressors are frequently failed by the current
2policies and systems in place, as measured by indicators for
3academic outcomes, social inclusion, emotional development,
4mental health support, and general pupil well-being.

5(A) In California, more than 20 percent of special education
6pupils spend less than 40 percent of their day within their regular
7classroom, an indicator of inclusion, compared to 14 percent of
8special education pupils nationally and a federal target of less than
99 percent.

10(B) Only 59 percent of special education pupils graduated from
11high school within four years in the 2010-11 fiscal year compared
12to 76 percent of all pupils.

13(C) Statewide, a recent study found only 58 percent of foster
14youth in grade 12 graduated compared to 85 percent of all youth,
15with nearly 14 percent of foster youth in grade 12 dropping out of
16school.

17(D) Far too often, youth with mental health challenges do not
18receive the services they need. For instance, one study found that
19nearly two-thirds of adolescents who experienced a major
20depressive disorder in the last year did not receive treatment.

21(E) Even by grade 3, low-income pupils perform substantially
22below their higher income peers in areas of social and emotional
23skill, social and emotional development, engagement in school,
24and physical well-being.

25(3) Current funding practices fail to adequately incentivize
26schools to invest in front-end preventative measures that would
27reduce overall cost of special education.

28(4) Delivery of comprehensive community-based support and
29resources requires a high level of collaboration among schools,
30school districts, and county mental health agencies.

31(5) Inclusive multitiered systems of behavioral and academic
32supports are essential to providing high-quality, cost-effective
33special education programs that benefit all pupils.

34(6) The State Department of Education has recently received a
35grant from the federal Substance Abuse and Mental Health Services
36Administration to develop these special education programs and
37has selected the City of Santa Rosa, the City of Garden Grove, and
38begin delete San Diego Countyend deletebegin insert the County of San Diegoend insert for pilot programs.

P4    1(7) Similar pilot programs are already established in the City
2of Oakland and inbegin delete San Bernardino County.end deletebegin insert the County of San
3Bernardino.end insert

4(8) The programs in the City of Oakland andbegin delete San Bernardino
5Countyend delete
begin insert the County of San Bernardinoend insert are demonstrating that these
6programs generate savings that more than offset their costs.

7(b) It is the intent of the Legislature that, upon demonstrated
8success of the pilot program established pursuant to Section
9124174.7 of the Health and Safety Code, the evaluated models can
10be adopted by a large number of schools to increase the efficient
11and effective utilization of available community resources in order
12to promote the success of all pupils.

begin delete
13

SEC. 2.  

Section 124174.7 is added to the Health and Safety
14Code
, to read:

15

124174.7.  

(a) (1) The State Department of Education shall
16develop and implement federal Substance Abuse and Mental Health
17Services Administration “Now is The Time” funded pilot projects
18in accordance with this section and shall establish additional pilot
19programs in accordance with this section to encourage inclusive
20practices that integrate mental health, special education, and school
21climate interventions following a multitiered framework.

22(2) For purposes of this section, “department” means the State
23Department of Education.

24(b) To the extent that funds are appropriated in the annual
25Budget Act, the department shall establish the pilot program in
26three additional schools in each of five additional school districts
27that apply to participate through the submission of detailed
28applications providing estimates for the amount of funding being
29requested for startup and evaluation of the program and specifying
30their intended models. The department shall select schools where
31at least 60 percent of the student body is eligible for a free or
32reduced-price meal program and whose applications detail a model
33approach that targets the behavioral, emotional, and academic
34needs of pupils with multitiered and integrated mental health,
35special education, and school climate interventions. In addition to
36reflecting the school’s specific culture and needs, a school’s model
37shall include all of the following:

38(1) Formalized collaboration with local mental health agencies
39to provide school-based mental health services that are integrated
40within a multitiered system of support.

P5    1(2) Leverage of school and community resources to offer
2comprehensive multitiered interventions on a sustainable basis.

3(3) An initial school climate assessment that includes
4 information from multiple stakeholders, including school staff,
5pupils, and families, that is used to inform the selection of strategies
6and interventions that reflect the culture and goals of the school.

7(4) A coordination of services team that considers referrals for
8services, oversees schoolwide efforts, and utilizes data-informed
9processes to identify struggling pupils who require early
10interventions.

11(5) Whole school strategies that address school climate and
12universal pupil well-being, such as positive behavioral interventions
13and supports or the Olweus Bullying Prevention Program, as well
14as comprehensive professional development opportunities, that
15build the capacity of the entire school community to recognize and
16respond to the unique social-emotional, behavioral, and academic
17needs of pupils.

18(6) Targeted interventions for pupils with identified
19social-emotional, behavioral, and academic needs, such as
20therapeutic group interventions, functional behavioral analysis and
21plan development, and targeted skill groups.

22(7) Intensive services, such as wraparound, behavioral
23intervention, or one-on-one support, that can reduce the need for
24a pupil’s referral to special education or placement in more
25restrictive, isolated settings.

26(8) Specific strategies and practices that ensure parent
27engagement with the school, and provide parents with access to
28resources that support their children’s educational success.

29(c) Contingent on the enactment of an appropriation in the
30annual Budget Act for the purpose of implementing this section,
31the department shall provide startup and evaluation funding to
32each school participating in the pilot program in the following
33amounts:

34(1) Two hundred fifty thousand dollars ($250,000) in year one.

35(2) Two hundred thousand dollars ($200,000) in year two.

36(3) One hundred fifty thousand dollars ($150,000) in year three.

37(d) (1) The State Department of Health Care Services, the
38Mental Health Services Oversight and Accountability Commission,
39and the department shall develop a comprehensive evaluation plan
P6    1to assess the impact of the pilot program and disseminate best
2practices.

3(2) Outcomes and indicators to be reported pursuant to this
4subdivision by schools participating in the pilot program shall
5include, but need not be limited to, those already being collected
6by schools, as well as designated measures of pupil well-being,
7academic achievement, and school engagement and attendance.

8(3) (A) The department, in compliance with Section 9795 of
9the Government Code, shall submit a report to the Legislature at
10the end of the three-year period evaluating the success of the
11program and making further recommendations. The department
12shall make the report available to the public, and shall post it on
13the department’s Internet Web site.

14(B) The requirement to submit a report to the Legislature
15imposed under subparagraph (A) is inoperative, pursuant to Section
1610231.5 of the Government Code, four years after the report is
17due.

18(e) The Mental Health Services Oversight and Accountability
19Commission shall revise its guidelines and regulations for
20Prevention and Early Intervention Programs of the Mental Health
21Services Act, pursuant to Section 5840 of the Welfare and
22Institutions Code, to require that these prevention and early
23intervention programs in K-12 schools are designed to support
24the implementation or expansion of model programs in accordance
25with the criteria set forth in this section.

end delete
26begin insert

begin insertSEC. 2.end insert  

end insert

begin insertArticle 5.5 (commencing with Section 48280) is added
27to Chapter 2 of Part 27 of Division 4 of Title 2 of the end insert
begin insertEducation
28Code
end insert
begin insert, to read:end insert

begin insert

29 

30Article begin insert5.5.end insert  Multitiered and Integrated Interventions Pilot
31Program
32

 

33

begin insert48280.end insert  

(a) The department shall establish a three-year pilot
34program in accordance with this section to encourage inclusive
35practices that integrate mental health, special education, and
36school climate interventions following a multitiered framework.

37(b) To the extent moneys are appropriated in the annual Budget
38Act, the department shall establish the pilot program in three
39schools in each of five school districts that apply to participate
40through the submission of detailed applications providing estimates
P7    1for the amount of funding being requested for startup and
2evaluation of the program and specifying their intended models.
3The schools selected shall not include schools that received a
4federal Substance Abuse and Mental Health Services
5 Administration “Now is The Time” grant. The department shall
6select schools where at least 60 percent of the student body is
7eligible for a free or reduced-price meal program and whose
8applications detail a model approach that targets the behavioral,
9emotional, and academic needs of pupils with multitiered and
10integrated mental health, special education, and school climate
11interventions. In addition to reflecting the school’s specific culture
12and needs, a school’s model shall include all of the following:

13(1) Formalized collaboration with local mental health agencies
14to provide school-based mental health services that are integrated
15within a multitiered system of support.

16(2) Leverage of school and community resources to offer
17comprehensive multitiered interventions on a sustainable basis.

18(3) An initial school climate assessment that includes
19information from multiple stakeholders, including school staff,
20pupils, and families, that is used to inform the selection of
21strategies and interventions that reflect the culture and goals of
22the school.

23(4) A coordination of services team that considers referrals for
24services, oversees schoolwide efforts, and utilizes data-informed
25processes to identify struggling pupils who require early
26interventions.

27(5) Whole school strategies that address school climate and
28universal pupil well-being, such as positive behavioral
29interventions and supports or the Olweus Bullying Prevention
30Program, as well as comprehensive professional development
31opportunities, that build the capacity of the entire school
32community to recognize and respond to the unique
33social-emotional, behavioral, and academic needs of pupils.

34(6) Targeted interventions for pupils with identified
35social-emotional, behavioral, and academic needs, such as
36therapeutic group interventions, functional behavioral analysis
37and plan development, and targeted skill groups.

38(7) Intensive services, such as wraparound, behavioral
39intervention, or one-on-one support, that can reduce the need for
P8    1a pupil’s referral to special education or placement in more
2restrictive, isolated settings.

3(8) Specific strategies and practices that ensure parent
4engagement with the school and provide parents with access to
5resources that support their children’s educational success.

6(c) Contingent on the enactment of an appropriation in the
7annual Budget Act for the purpose of implementing this section,
8the department shall provide startup and evaluation funding to
9each school participating in the pilot program in the following
10amounts:

11(1) Two hundred fifty thousand dollars ($250,000) in year one.

12(2) Two hundred thousand dollars ($200,000) in year two.

13(3) One hundred fifty thousand dollars ($150,000) in year three.

14(d) (1) The State Department of Health Care Services, the
15Mental Health Services Oversight and Accountability Commission,
16and the department shall develop a comprehensive evaluation plan
17to assess the impact of the pilot program and disseminate best
18practices.

19(2) Outcomes and indicators to be reported pursuant to this
20subdivision by schools participating in the pilot program shall
21include, but need not be limited to, those already being collected
22by schools, as well as designated measures of pupil well-being,
23academic achievement, and school engagement and attendance.

24(3) (A) The department, in compliance with Section 9795 of
25the Government Code, shall submit a report to the Legislature at
26the end of the three-year period evaluating the success of the
27program and making further recommendations. The department
28shall make the report available to the public, and shall post it on
29the department’s Internet Web site.

30(B) The requirement to submit a report to the Legislature
31imposed under subparagraph (A) is inoperative, pursuant to
32Section 10231.5 of the Government Code, four years after the
33report is due.

34(e) The Mental Health Services Oversight and Accountability
35Commission shall revise its guidelines and regulations for
36Prevention and Early Intervention Programs of the Mental Health
37Services Act, pursuant to Section 5840 of the Welfare and
38Institutions Code, to require that these prevention and early
39intervention programs in K-12 schools are designed to support
P9    1the implementation or expansion of model programs in accordance
2with the criteria set forth in this section.

3

begin insert48281.end insert  

This article shall remain in effect only until January 1,
42020, and as of that date is repealed, unless a later enacted statute,
5that is enacted before January 1, 2020, deletes or extends that
6date.

end insert


O

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