BILL ANALYSIS Ó
AB 1025
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 1025
(Thurmond) - As Amended April 6, 2015
SUBJECT: Pupil health: multitiered and integrated
interventions pilot program
SUMMARY: Requires the California Department of Education (CDE)
to establish additional pilot programs to encourage inclusive
practices that integrate mental health, special education, and
school climate interventions following a multitiered framework.
Specifically, this bill:
1)Requires the CDE to develop and implement federal Substance
Abuse and Mental Health Services Administration "Now is The
Time" funded pilot projects in accordance with the provisions
of this bill.
2)Specifies that to the extent that funds are appropriated in
the annual Budget Act, the CDE shall establish the pilot
program in three additional schools in each of five additional
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. Requires the CDE to select schools where at least 60%
of the student body is eligible for a free or reduced-price
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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.
3)Specifies that in addition to reflecting the school's specific
culture and needs, a school's model shall include all of the
following:
a) Formalized collaboration with local mental health
agencies to provide school-based mental health services
that are integrated within a multitiered system of support.
b) Leverage of school and community resources to offer
comprehensive multitiered interventions on a sustainable
basis.
c) 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.
d) 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.
e) 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
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entire school community to recognize and respond to the
unique social-emotional, behavioral, and academic needs of
pupils.
f) 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.
g) 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.
h) 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.
4)Specifies that contingent on the enactment of an appropriation
in the annual Budget Act for the purpose of implementing this
bill, the CDE shall provide startup and evaluation funding to
each school participating in the pilot program in the
following amounts:
a) $250,000 in year one;
b) $200,000 in year two; and,
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c) $150,000 in year three.
5)Requires the State Department of Health Care Services, the
Mental Health Services Oversight and Accountability
Commission, and the CDE to develop a comprehensive evaluation
plan to assess the impact of the pilot program and disseminate
best practices.
a) Specifies that outcomes and indicators to be reported
pursuant to this bill 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.
6)Requires the CDE to submit a report to the Legislature at the
end of the three-year period evaluating the success of the
program and making further recommendations. Requires the CDE
to make the report available to the public, and to post it on
the CDE's Internet Web site.
7)Specifies that the requirement to submit a report to the
Legislature is inoperative four years after the report is due,
consistent with Government Code requirements.
8)Requires the Mental Health Services Oversight and
Accountability Commission to 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
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designed to support the implementation or expansion of model
programs in accordance with the criteria set forth in this
bill.
EXISTING LAW:
1)Expresses the intent of the Legislature that certificated
personnel serving in the public schools have a responsible
understanding of the nature and range of physical, mental and
emotional disabilities of children and youth and of the major
implications of such disabilities. County superintendents of
schools are encouraged, in cooperation with school districts,
community college districts and colleges and universities, to
sponsor workshops or similar activities for certificated
personnel to provide opportunities to gain or increase these
understandings. (Education Code (EC) Section 1263)
2)Specifies, under federal law, that schools have the
responsibility for educationally related mental health
services. Requires local educational agencies (LEAs) to
update the Individualized Education Plan of each child that
will experience a change in services.
3)Requires, under federal law, the provision of a free,
appropriate public education to all disabled students in the
least restrictive environment, which:
a) Is provided at public expense, under public supervision
and direction, and without charge;
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b) Meets the standards of the state education agency;
c) Includes an appropriate preschool, elementary school, or
secondary school in the state; and,
d) Is provided in conformity with the Individual Education
Program established for the child.
4)Establishes the Mental Health Services Act (MHSA), enacted by
voters in 2004 as Proposition 63, to provide funds to counties
to expand services, develop innovative programs, and
integrated service plans for mentally ill children, adults,
and seniors through a 1% income tax on personal income above
$1 million.
FISCAL EFFECT: Unknown
COMMENTS: Purpose of the bill. The author states, "Nearly one
in four youth are living in poverty, almost 60,000 youth are
currently placed in foster care and it is estimated that 20
percent of youth are in need of mental health intervention. Too
often, students in disadvantaged communities face relational and
environmental stressors that, when left unaddressed, hinder
their ability to achieve their full potential. Compounded
traumatic stressors including poverty and exposure to violence
have been found to negatively affect student academic
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achievement, learning and emotional development, and result in
disproportionately high referral rates to special education
services. Risk factors that are known to negatively impact the
social emotional wellbeing and academic achievement of students
are widespread.
"Unfortunately, the needs of students facing such challenges
often go unrecognized or are misunderstood. Unaddressed student
needs frequently result in more profound behavioral and academic
challenges that can necessitate costly, restrictive
interventions including entering into the juvenile justice
system. The fragmentation of our education and mental health
systems only makes the situation worse. The school setting
presents an important opportunity to identify and respond to the
comprehensive needs of youth, reducing barriers to access as
well as the stigma that is often associated with seeking help.
Working in partnership with mental health providers, the school
community can be empowered with the skills and resources to
promote the wellbeing and achievement of all students."
Mental health services in schools. According to the CDE, mental
health services in schools include a broad range of services,
settings, and strategies. Psychological and mental health
services in schools apply learning theory for individuals and
groups to improve instruction and coordinate and evaluate plans
to meet unique individual needs for learning or behavior
problems. School psychologists also use research to design
prevention and intervention programs, and provide crisis
intervention, suicide prevention, and other mental health
strategies as part of a student support services team. Mental
health services that are provided in schools may include
academic counseling, brief interventions to address behavior
problems, and assessments or referrals to other systems.
However, most of the mental health services provided by schools
are within the context of special education and meeting the
requirements specified in a student's individualized education
program. Other efforts include the following:
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1)Student Mental Health Policy Workgroup. In 2012, the
Superintendent of Public Instruction (SPI) and MHSA convened a
Student Mental Health Policy Workgroup to develop policy
recommendations that promote early identification, referral,
coordination, and access to quality mental health services for
students. The Workgroup is comprised of teachers, school
counselors, school social workers, school psychologists,
school nurses, and school administrators, as well as state and
county mental health professionals. This year the Workgroup
issued a recommendation calling for increased training of
school personnel in order to promote the earlier
identification and intervention to meet the needs of
California's students.
2)Regional K-12 Student Mental Health Initiative. Since 2011,
the MHSA has funded a Student Mental Health Initiative through
the California County Superintendents Educational Services
Association. This project is designed to build capacity and
cross-system collaboration to develop and sustain school-based
mental health programs addressing prevention and early
identification strategies.
This project has used a train-the-trainer model to provide
educators with tools for the early identification and
prevention of mental health problems. Two thousand trainings
have been conducted, with over 140,000 participants. The
estimated total reach of this project is two million students,
or one third of the state's school enrollment. The major
program topics were school climate and culture, bullying
prevention, mental health and wellness, and youth development.
Participants included school staff, students, parents, mental
health staff and providers, community organizations, and law
enforcement. According to evaluation responses, these
trainings have significantly increased educators' awareness of
mental health issues and knowledge of referral processes.
Since 2014 this project has decreased significantly in size as
a result of lower levels of funding.
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What does this bill do? This bill, to the extent funds are
provided in the Budget Act, establishes a pilot program to
encourage practices that integrate mental health, special
education, and school climate interventions using a multitiered
framework. The bill requires the CDE to select three schools
enrolling at least 60% of students eligible for free and
reduced-price meals in five school districts - that have not
been selected for participation in a federal pilot project - for
participation in the pilot. Applications submitted by schools
must detail how it will target the behavioral, emotional, and
academic needs of pupils with multitiered and integrated mental
health, special education, and school climate interventions.
The bill requires a school's plan to include 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
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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
Multitiered interventions. This bill requires the pilot to use
a multitiered approach. Over the last several years, schools
have adopted less punitive disciplinary policies and implemented
school-wide intervention-type proposals in an attempt to keep
students in school. For example, schools throughout the state
have implemented the Schoolwide Positive Behavior Intervention
and Support program (SW-PBIS). SW-PBIS has roots in the
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Individuals with Disabilities Act of 1997, used to identify
specific learning disabilities. The US Department of Education
encourages SW-PBIS strategies and has an Internet Web site with
resources to provide technical assistance to school districts.
SW-PBIS is a form of multitiered system of support (MTSS). As
indicative in the name, the strategies are based on a tiered
system. At the first tier, belief systems and practices are
implemented schoolwide. Students at risk of developing
emotional or behavioral problems requiring a higher level of
intervention may be referred to more focused attention, such as
those in small group settings, in tier 2. At the highest level
of intervention, tier 3, students may receive individualized
attention, such as referral to counseling.
Substance Abuse and Mental Health Services (SAMHSA) "Now is the
Time" pilot projects. Following the school shooting at Sandy
Hook Elementary in Connecticut in December 2012 where 26
students and school staff were killed by a former student with
mental health issues, President Obama established a grant
program to increase students' access to mental health
treatments. California received $9.7 million from the "Now is
the Time Project Advancing Wellness and Resilience in Education"
grant last fall. According to the CDE, the grant has two
components. Three LEAs, Garden Grove Unified School District,
Santa Rosa City Schools, and the San Diego County Office of
Education, were selected to participate in the first component
of the grant. The LEAs will establish a process for referring
and connecting children to mental health services. If
successful, the models developed by these LEAs can be shared
statewide. The second component utilizes a training program
called Youth Mental Health First Aid. The training teaches
school staff how to help youth experiencing mental health or
addictions challenges or are in crisis.
This bill directs the CDE to develop and implement the federal
"Now is the Time" grant in accordance with the provisions in
this bill. According to the CDE, the use of the federal grant
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funds is heavily directed by SAMHSA for mental health services
referrals and training. While the purposes in the federal grant
appear to be consistent with the pilot established by this bill,
this bill goes beyond the parameters of the federal grant.
Additionally, implementation of the federal grant has already
begun, while this bill will not take effect until January 1,
2016, if enacted. Staff recommends striking this requirement.
MHSA. Proposition 63 was passed by voters in November 2004.
The MHSA imposes a 1% income tax on personal income in excess of
$1 million and provides funding for programs to address mental
health needs, including Prevention and Early Intervention. The
MHSA established the Mental Health Services Oversight and
Accountability Commission, comprised of 15 members, including
the SPI and a school district superintendent, to oversee the
implementation of the MHSA. This bill requires the Commission
to revise its guidelines and regulations to require Proposition
63 funds for prevention and early intervention programs to be
designed to support the implementation or expansion of model
programs in accordance with the criteria established by this
bill. The Committee may wish to consider whether it is
appropriate for this bill to require the Commission to change
its already-established guidelines and funding parameters.
Sunset. The bill requires the CDE to submit a report to the
Legislature at the end of the three-year period. However, the
bill does not specify the term of the pilot. Staff recommends
an amendment specifying the term of the project at three years
and adding a sunset date of January 1, 2020.
New categorical program. This bill establishes a new
categorical program. With the establishment of the Local
Control Funding Formula (LCFF), nearly all categorical programs
were eliminated and the funds previously dedicated for the
programs were incorporated into the LCFF. The Committee may
wish to consider whether the strategies proposed by this bill
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can be incorporated in a school district's Local Control and
Accountability Plan (LCAP). LCFF can be used for any purpose in
accordance with the LCAP, which is developed locally to meet the
needs of each district.
Related legislation. AB 580 (O'Donnell), also scheduled for the
April 29th, 2015 hearing, requires each school to provide annual
training to teachers and classified staff on the early
identification of student mental health problems, including
protocols for referrals.
AB 1133 (Achadjian), pending in the Assembly Appropriations
Committee, establishes a four-year pilot program, the
School-Based Early Mental Health Intervention and Prevention
Services Support Program, to provide outreach, free regional
training, and technical assistance for local educational
agencies in providing mental health services at schoolsites.
Prior related legislation. SB 596 (Yee), introduced in 2013,
passed the Senate on a 34-0 vote. The bill was held in the
Assembly.
AB 1178 (Bocanegra), held in the Assembly Appropriations
Committee suspense file in 2014, would have established the
California Promise Neighborhood Initiative to provide funding to
schools that have formalized partnerships with local agencies
and community organizations to provide a network of services to
improve the health, safety, education, and economic development
of a defined area.
AB 1367 (Mansoor), introduced in 2013, among other things, would
have expanded existing outreach about recognition of early signs
of potentially severe and disabling mental illness to include
school districts and county offices of education and charter
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schools, including funding to provide training to identify
students with mental health issues that may result in a threat
to themselves or others in order to provide for timely
intervention.
SB 561 (Fuller), introduced in 2013, would have required a
student who has been expelled to undergo a mental health
evaluation conducted by a licensed clinical psychologist prior
to enrolling in a county community school, community day school
or juvenile court school.
AB 174 (Bonta), vetoed by the Governor in 2013, would have
required the Department of Public Health to establish a pilot
program in Alameda County, to the extent that funding is made
available, to provide grants to eligible applicants for
activities and services that directly address the mental health
and related needs of students impacted by trauma.
REGISTERED SUPPORT / OPPOSITION:
Support
California Council of Community Mental Health Agencies (sponsor)
Alliance for Boys and Men of Color - Health Work Group
American Federation of State, County and Municipal Employees
California Alliance of Child and Family Services
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California Pan-Ethnic Health Network
California Psychological Association
California State PTA
Mental Health America of California
National Association of Social Workers, California Chapter
Pacific Clinics
Steinberg Institute
Opposition
California Right to Life Committee, Inc.
Analysis Prepared by:Sophia Kwong Kim / ED. / (916) 319-2087
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