Amended in Senate August 18, 2015

Amended in Assembly June 2, 2015

Amended in Assembly May 6, 2015

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 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. begin insert 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. end insert

This bill, until January 1, 2020, would require begin delete the State Department of Education end delete begin insert 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, end insert 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 begin delete the State Department of Education end delete begin insert the designated county office of education or designated county offices of education end insert 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 begin delete an estimate for the amount of funding being requested for startup and evaluation end delete begin insert evidence of a plan to serve their pupils with a combination of school funds and mental health funds end insert 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 begin delete the enactment of an appropriation for this purpose, end delete begin insert the above-mentioned appropriation, end insert would require the begin delete State Department of Education end delete begin insert designated county office of education or county offices of education end insert to provide startup and evaluation funding to each school participating in the pilot program, and would require the begin delete schools to provide certain information to the State Department of Education end delete begin insert department, end insert in accordance with a comprehensive evaluation plan developed by the begin delete State Department of Health Care Services, the Mental Health Services Oversight and Accountability Commission, and the State Department of Education end delete begin insert steering committee, end insert to assess the impact of the pilot program and disseminate best practices. begin delete 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. end delete 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:

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, begin insert pursuant
to Section 57 of Chapter 13 of the Statutes of 2015, end insert the begin delete department end delete
begin insert 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), end insert 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 begin delete moneys appropriated in the annual
Budget Act or another statute end delete begin insert the funds specified in Section 57 of
Chapter 13 of the Statutes of 2015 and other funds that may be
appropriated end insert for the purpose of implementing this article, the
begin delete department end delete begin insert designated county office of education or end insert begin insert county offices
of education end insert shall establish the pilot program in begin delete three end delete begin insert two end insert 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 begin delete department end delete begin insert designated county office of education
or county offices of education end insert 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 begin insert provide evidence of a plan
to serve their pupils with a combination of school funds and mental
health funds and end insert 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:

begin delete

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

end delete begin insert

(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.

end insert

(2)  begin delete Leverage end delete begin insert Leveraging end insert 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 begin delete an appropriation in the annual Budget
Act or another statute end delete begin insert the funds specified in Section 57 of Chapter
13 of the Statutes of 2015 and other funds that may be appropriated end insert
for the purpose of implementing this article, the begin delete department end delete
begin insert designated county office of education or county offices of education end insert
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.

begin delete

(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.

end delete

begin insert (d) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert 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. end insert

begin insert

(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.

end insert

(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.

begin delete

(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.

end delete begin insert end 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.

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.