california department of education special education division cmhacy conference may 2013

CALIFORNIA DEPARTMENT OF EDUCATIONTom Torlakson, State Superintendent of Public Instruction

California Department of EducationSpecial Education Division

CMHACY ConferenceMay 2013

Fiscal and Program Responsibilities for Special Education Services in

the Post-AB 114 Era


Overview of Contents

• Changes to Law• Statutory Transition from AB 3632 to AB 114• New Responsibilities for LEAs and IEP Teams• The Critical Role of the IEP and the IEP Team

• Funding• How funding for IEP Mental Health Services Flows• Recent and Current Funding Levels and Sources• Medi-Cal and Private Insurance

• Options for Service Provision Available to LEAs• Who May Provide Services• Data on the Provision of Services in Recent Years

• Sources of Additional Information


Legislation• The 2011-12 Budget Act and AB 114 significantly

changed the way related services are delivered to students with emotional and behavioral needs:

– AB 114 (a trailer bill to the 2011-12 Budget Act signed June 30, 2011) eliminated the state statutory structure for mental health service delivery to students with IEPs through CMH

– By removing this structure, California returned responsibility for the provision of all IEP-based related services to LEAs, as established in federal law (Individuals with Disabilities Ed. Act)

Individuals with Disabilities Education Act (IDEA)

34 CFR 300 et seq30 EC 56000 et seq5 CCR 3000 et seq

AB 114

AB 3632

Chapter 26.5 of Govt. Code

Title 2 RegulationsAB 114 did away with the changes made by AB 3632 (GC 26.5), returning mental health services to the requirements of the IDEA.


CODE CHANGES RELATED TO MENTAL HEALTH SERVICES

Code Section Amend Repeal Inoperative Date Repeal Date

Education Code 56139 X X 1-Jul-11 1-Jan-12

Education Code 56325 X N/A N/A

Education Code 56331 X X 1-Jul-11 1-Jan-12

Family Code 7911.1 X N/A N/A

Government Code 7572 X N/A N/A

Government Code 7572.5 X X 1-Jul-11 1-Jan-12


Government Code 7576 X X 1-Jul-11 1-Jan-12









Government Code 7588 X 30-Jun-11 30-Jun-11

Welfare and Institutions Code 5651 X N/A N/A

Welfare and Institutions Code 5701.3 X X 1-Jul-11 1-Jan-12

Welfare and Institutions Code 5701.6 X X 1-Jul-11 1-Jan-12

Welfare and Institutions Code Ch. 6; Part 6; Div. 9 X X 1-Jul-11 1-Jan-12

TOM TORLAKSONState Superintendent of Public Instruction

Fiscal and Administrative Relationships for Special Education Programs in California

United States Department of EducationOffice of Special Education Programs



Part B of IDEAPreschool and School Age (3-22 years)

Special Education Local Plan Areas

Family Empowerment Centers

School Districts, County Offices of Education, Nonpublic Schools and Agencies

United States Department of EducationOffice of Special Education Programs



Part B of IDEAPreschool and School Age (3-22 years)

Special Education Local Plan Areas

Family Empowerment Centers

School Districts, Charter LEAs, County Officesof Education, Nonpublic Schools and Agencies


Special Education Local Plan Area (SELPA)

• A single LEA or group of LEAs that are of sufficient size and scope to ensure FAPE for all students within the area.

• Responsible for – developing a local plan– receiving and disbursing funds– coordinating services across the region– monitoring implementation of local plan

and correction of problems• District of residence (DOR) is always

responsible for students served by other districts (DOS)


Comparing the Assessment Process

Based on GC 26.5 (AB 3632)

Based on IDEA

LEA identified student with a disability suspected of needing Mental Health services.

LEA identifies student suspected of having a disability and requiring special education and related services.

LEA conducted pre-referral activities & referred student to CMH. CMH developed an assessment plan (for MH related services), obtained parental consent, and conducted assessment(s).

LEA develops an assessment plan, obtains parental consent, and conducts the agreed-upon assessment(s).


Comparing IEP Development

Based on GC 26.5 (AB 3632)

Based on IDEA

CMH conducted assessment, provided an assessment report, & determined related services to address mental health needs.

LEA conducts the required assessment(s) and provides an assessment report to the IEP team prior to the IEP meeting.

IEP meeting was held (with an expanded IEP team for residential placement).

IEP team meeting is scheduled at a mutually agreeable time and place. IEP team members may include, at the discretion of the parent or agency, other individuals who have knowledge regarding the child, including related services personnel.

CMH recommendations & treatment plan were incorporated in the IEP as related services.

IEP team, utilizing assessment data, determines the appropriate related services for the student.


Role of the IEP Team (Per IDEA)1. An IEP must be in effect for each child with a disability at the start of each school year. (20 USC 1414 (d)(2)(A)

2. If an IEP is needed, the IEP Team develops it, and in doing so considers the student’s strengths, parents’ concerns, assessment results, and the student’s academic, developmental, and functional needs. (20 USC 1414(d)(3)(A))

3. The IEP Team must review the IEP at least annually, and revises the IEP as needed to ensure that the student is making appropriate progress. (20 USC 1414 (d)(4)(A))


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IEP Team Meeting Activities

The IEP team:• reviews assessment results to determine whether the

student is eligible for special education and needs related services.

• develops (or revises) and adopts an IEP for the student, if it determines that the student is eligible for special education

The contents of the IEP have great importance, because they establish the services to which the student is entitled. IEP contents include:• Student needs, goals, and placement options; and,

• SPED and related services the student will receive, including:

Initiation date Duration Frequency Location


IEP Team Meeting Activities, cont’d

• IEP services are to be provided based on students’ needs and not limited due to funding considerations.


The Importance of Clarity in the IEP

Because the IEP establishes the services to which the student is entitled, each service must be clearly described. Traditionally “bundled” services, such as Day Treatment and Wraparound must be “unbundled” into each discrete service so that individual services can be identified and their specific duration and frequency can be described.

The following slides demonstrate how Day Treatment and Wraparound may be unbundled to allow for an IDEA-compliant IEP.


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Day Treatment Services Related Services

Community Meetings

Therapeutic Milieu* Counseling services Rehabilitation Counseling Services

Process Groups** Parent Counseling and Training Psychological Services Social Work Services

Skill Building Groups*** Parent Counseling and Training Psychological Services Social Work Services

Adjunctive Therapies Recreation Services

Psychotherapy Psychological Services

*Therapeutic milieu means a therapeutic program structured by process and skill building groups involving activities performed by identified staff; taking place for the continuous scheduled hours of program operation; includes staff and activities that teach, model, and reinforce constructive interactions; and include peer and staff feedback on strategies for symptom reduction, increasing adaptive behaviors, and reducing subjective distress.** May include psychotherapy***Related to psychiatric and psychological experiences


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Wraparound Services Related Services

Direct 1:1 Emotional Support Counseling Services Psychological Services Social Work Services

Direct 1:1 Coaching Counseling Services Psychological Services Social Work Services

Intensive Behavioral Support Counseling Services Psychological Services Social Work Services Parent Counseling and Training

Counseling/Therapy/Treatment Counseling Services Psychological Services Social Work Services Parent Counseling and Training

Medical-psychiatry Psychological Services


IEP Team Participation

The IEP team shall include all of the following:•One or both parents, a parent representative selected by the parent(s), or both

•At least one general education teacher of the student, if the pupil participates (or may participate) in general education activities with non-disabled peers.

•At least one special education teacher of the student and, if appropriate, a related service provider.

•An LEA administrator, or their designee, who is qualified to provide or supervise special education and knows about resources available in the LEA.

(Continued on next slide)•See EC 56341 16


IEP Team Participation (Continued)

• An individual qualified to conduct diagnostic examinations, such as a school psychologist.

• At least one IEP team member who has observed the student’s academic performance and behavior in the learning environment, including in the regular classroom.

• The parent and/or the LEA may invite other individuals who have knowledge or special expertise regarding the student.

• For meetings addressing postsecondary goals and transition services, the LEA shall invite the student to participate.

See EC 5634117


Procedural Safeguards

• These safeguards are designed to protect the rights of parents and students with disabilities– Confidentiality– Independent evaluation– Stay-put

• They also give families and public agencies a mechanism for resolving disputes– Formal compliant procedure– Alternative dispute resolution– Mediation – Resolution session– Due process


Complaints and Due Process

Procedural Safeguards and Referral Services

Provides technical assistance information and resources for parents, school districts, advocates, agencies and others of procedural safeguards regarding students between ages 3 and 21 with disabilities and their educational rights.

Toll-free Help Line: 800-926-0648; Weekdays, 9:00 a.m. to 4:00 p.m.

Videophone Line: 916-374-7182 (deaf/hard of hearing); Weekdays, 9:00 a.m. to 4:00 p.m.

E-mail: [email protected]

FAX: 916-327-3704

Mediation and Due Process

To file for mediation or a due process hearing, contact:

Office of Administrative Hearings

Special Education Division

2349 Gateway Oaks, Suite 200

Sacramento, CA 95833-4231

Telephone: 916-263-0880Fax: 916-263-0890

mailto:[email protected]


Funding

In an effort to support a smooth transition from the AB 3632-based system to the IDEA-based system, the Legislature designated funding for the specific purpose of providing mental health related services required by students’ IEPs.

The specific funding models for this purpose varied from FY 2011-12 to FY 2012-13 in response to the transition.


Funding FY 2011-12

The 2011-12 Budget Act Provided funding for “educationally related mental health services”*Department of Education

– $31 million (Item 6110-161-0001 – Provision 18)– $218.8 million (Item 6110-161-0001 – Provision 26)– $3 million (Item 6110-161-0001 – Provision 27)– $69 million (Item 6110-161-0890 – Provision 9)

Department of Mental Health– $98.5 million (Item 4440-295-3085)

* The term “Educationally related mental health services” is not found in IDEA or state special education laws.


Funding FY 2012-13The 2012-13 Budget Act also provided funding for “educationally related mental health services”, but distributed all of these funds to SELPAs: Department of Education

– $348.19 million (Item 6110-161-0001 – Provision 22)*– $3 million (Item 6110-161-0001- Provision 23)– $51.75 million (Item 6110-161-0890 – Provision 7.5)**– $17.25 million (Item 6110-161-0890 – Provision 8)*

*Allocated on an equal rate per pupil basis

** Allocated on a prior service data basis

Department of Mental Health– No funding specifically for IEP-based related services


Proposed Funding FY 2013 – 14

Funding for “Educationally Related Mental Health Services” continues to have a separate identity in the budget

Funding levels for these services are approximately equal to funding provided in FY 2012 – 13

All of these funds are proposed to be allocated on a per pupil basis


How the Funding Flows

( Based on the Proposed 2013-14 Proposed State Budget )

• Federal (IDEA) and State (Proposition 98) funds are distributed to SELPAs per an ADA-based formula. (Proposition 98: $351 million; IDEA: $69.0 million)

• SELPAs distribute funds to their participant LEAs based on a local agreement.

• LEAs use their funds to pay for special education services, and report their expenditures to the CDE.


Medi-Cal as a Means of Supplementing Funding

• Regardless of the funding source utilized, LEAs are to provide the Special Education and Related Services to their students as provided for in their IEPs

• Outside of the funds provided to LEAs to provide special education and related services described in the previous slide, when appropriate, LEAs may utilize Medi-Cal to provide and pay for related services on a student’s IEP.

• Federal statutes and regulations provide for this authority. See:

• Section 1903(c) of the Social Security Act

• 34 CFR 300.154


Options that LEAs have in utilizing Medi-Cal for the provision of related services through a student’s IEP include:

• Provide mental health related services through a contract/agreement with the county mental health agency via the county mental health plan (MHP)

• The LEA applies and becomes a Medi-Cal provider through the Local Educational Agency Medi-Cal Billing Option program administered by the Department of Health Care Services (does not include Specialty Mental Health Services)

• Approach the MHP to see if the LEA meets the requirements of the MHP to become a provider of Specialty Mental Health Services under the MHP


LEA Requirements for the Use of Medi-Cal

Prior to accessing a child’s or parents Medi-Cal benefits a LEA must:

• Obtain written parental consent meeting the requirements of 34 CFR 300.154(d)(2)(iv)

• For the first time and annually thereafter; the LEA must provide written notification to the parents and the written notification must meet the requirements of 34 CFR 300.154(d)(2)(v)


Service Provision Options For LEAs

While LEAs are now fully responsible for ensuring that their students receive the services to which they are entitled, the LEAs have three options for how they provide these services

(5 CCR 3051(a)(4)):

• Employ qualified staff to provide services directly;

• Contract with a CDE-certified Nonpublic School (NPS) or Nonpublic Agency (NPA); and/or,

• Contract with DHCS or its designee (e.g., MHP), or a vendor or contractor of such agency.


School District (LEA) Employees

LEAs may directly employ individuals to provide related services…

•Staff must hold the appropriate license or credential for their assignments;

•NPA or NPS certification not required.

NPAs orNPSs

LEAs may contract directly with a certified NPA or NPS to provide related services.

Employees, Contractors,or Vendors of DMH or County Mental Health Plan

LEAs may contract with a state or local public mental health agency.

•Service may be provided by: -- a direct employee of the agency, or -- a contractor, or vendor of that agency.

•NPA or NPS certification is not required (either case)

For monitoring purposes, the LEA must maintain documentation verifying that:

•Contractors or vendors are current contractors or vendors of a state or local mental health agency;

•The entities providing related services are qualified pursuant to Section 3065 of Title 5 of the CCR.


Recent Data on Special Education Services Related to Mental Health

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CDE AB114 Resources Websitehttp://www.cde.ca.gov/sp/se/ac/ab114twg.asp

Documents Available on the AB 114 Web Page

Document Name Date Published

Assembly Bill 114: Local Educational Agencies’ Responsibility For Providing Related Services To Students With Disabilities

July 26, 2011

Mental Health Services FAQ July 30, 2012

Assembly Bill 114: Available Funding Sources And Spending Parameters September 13, 2011

Assembly Bill 114: Medication Monitoring September 13, 2011

Assembly Bill 114: Nonpublic Agency Certification September 13, 2011

Assembly Bill 114: Related Services Under The Individuals With Disabilities Education Act September 13, 2011

Requirements For Securing The Services Of Mental Health Professionals To Provide Related Services To Special Education Students

September 13, 2011

Assembly Bill 114: Residential Care For Students With Disabilities September 13, 2011

Assembly Bill 114: Options For Providing Related Services For Medi-cal Eligible Students October 6, 2011

Assembly Bill 114: Developing A System For The Provision Of Related Services December 27, 2011

Assembly Bill 114: Use Of Mental Health Funds In The Budget Act Of 2011–12 January 5, 2012

A Graphic Representation Of An Idea-based Continuum Of Potential Service Environments January 9, 2012

Documents Available on the AB 114 Web Page (Continued)

Document Name Date Published

Assembly Bill 114: Day Treatment September 21, 2012 (Revised)

Assembly Bill 114: Assessment Summary September 12, 2012 (Revised)

Assembly Bill 114: Parent Survey Results July 16, 2012

Assembly Bill 114: Providing Coordinated Intensive Services Through An Individual With Disabilities Education Act Compliant Individualized Education Program

September 20, 2012 (Revised)

Assembly Bill 114: Individuals With Disabilities Education Act And The Use Of Insurance For Related Services — Revised

March 13, 2013

Assembly Bill 114: Documenting Coordinated Services (Bundled Services) In Individualized Education Programs To Comply With The Individuals With Disabilities Education Act Requirements

March 13, 2013


Work Group Presentations Posted on the AB 114 TWG Web Page

1. Medi-Cal Billing Options (August 2011)

2. Residential Care Assessment (September 2011)

3. Contracts/MOUs Between SELPAs and CMH (September 2011)

4. Contracts/Agreements Between SELPAs and County Mental Health Agencies (November 2011)

5. Desert Mountain SELPA and San Diego Unified Service Delivery Models (October 2011)

6. Assessment and Service Determination (October 2011)

7. Promising/Replicable Practices (October 2011)

8. Mental Health IEP Services Transition: Santa Barbara & North Region SELPAs (November 2011)

9. Wraparound Services (November 2011)

10. Promising National Models Update (January 2012)

11. Contra Costa County Service Delivery Model (January 2012)

12. Parent Survey Information (February 2012)

13. Overview of the Child and Adolescent Needs Survey & How CANS is Used in One SELPA (November 2012)

AB114 Website http://www.cde.ca.gov/sp/se/

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AB 114 email

[email protected]


Questions?

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