CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction California Department of Education Special Education Division January 2014 An Overview of Changes in Special Education Service Provision Resulting from the Passage of AB 114

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction 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

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction Legislation The 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 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 seq 30 EC et seq 5 CCR 3000 et seq AB 114 AB 3632 Chapter 26.5 of Govt. Code Title 2 Regulations AB 114 did away with the changes made by AB 3632 (GC 26.5), returning mental health services to the requirements of the IDEA.

TOM TORLAKSON State Superintendent of Public Instruction 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)

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction 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).

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction 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.

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction 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))

TOM TORLAKSON State Superintendent of Public Instruction 9 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

TOM TORLAKSON State Superintendent of Public Instruction IEP Team Meeting Activities, cont’d. IEP services are to be provided based on students’ needs, and not limited due to funding considerations.

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction 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.

TOM TORLAKSON State Superintendent of Public Instruction 12 Day Treatment ServicesRelated 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

TOM TORLAKSON State Superintendent of Public Instruction 13 Wraparound ServicesRelated 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

TOM TORLAKSON State Superintendent of Public Instruction 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

TOM TORLAKSON State Superintendent of Public Instruction 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

TOM TORLAKSON State Superintendent of Public Instruction 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

TOM TORLAKSON State Superintendent of Public Instruction 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: ; Weekdays, 9:00 a.m. to 4:00 p.m. Videophone Line: (deaf/hard of hearing); Weekdays, 9:00 a.m. to 4:00 p.m. FAX: 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 Telephone: Fax:

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction 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 to FY in response to the transition.

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction Funding FY The Budget Act Provided funding for “educationally related mental health services”* Department of Education – $31 million (Item – Provision 18) – $218.8 million (Item – Provision 26) – $3 million (Item – Provision 27) – $69 million (Item – Provision 9) Department of Mental Health – $98.5 million (Item ) * The term “Educationally related mental health services” is not found in IDEA or state special education laws.

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction Funding FY The Budget Act also provided funding for “educationally related mental health services”, but distributed all of these funds to SELPAs: Department of Education – $ million (Item – Provision 22)* – $3 million (Item Provision 23) – $51.75 million (Item – Provision 7.5)** – $17.25 million (Item – 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

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction Funding FY The Budget Bill continues to provide funding to SELPAs for “educationally related mental health services”: Department of Education – $354.3 million (Item – Provision 16)* – $3.0 million (Item Provision 21)** – $69.0 million (Item – Provision 7)* *Allocated on an equal rate per pupil basis ** Funds only available to necessary small SELPAs for extraordinary costs associated with educationally related mental health services Department of Mental Health – No funding specifically for IEP-based related services

TOM TORLAKSON State Superintendent of Public Instruction Multi Year Total For IEP-based Mental Health Services Funding Source Fiscal Year Fiscal Year Fiscal Year State Education Funding (Proposition 98) $252.8 Million$ Million$357.3 Million Federal Special Education Funding (IDEA) $69 Million State Mental Health Funding (Proposition 63) $98.6 Million$0 TOTAL$420.4 Million$ Million $426.3 Million * Total State and Federal Funding to SELPAs and COEs = $107 million. Services primarily paid by MHAs.

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction How the Funding Flows ( Based on the Proposed 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.

TOM TORLAKSON State Superintendent of Public Instruction Fiscal and Administrative Relationships for Special Education Programs in California United States Department of Education Office of Special Education Programs Individuals with Disabilities Education Act (IDEA) California Department of Education Special Education Division Part B of IDEA Preschool 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 Education Office of Special Education Programs Individuals with Disabilities Education Act (IDEA) California Department of Education Special Education Division Part B of IDEA Preschool and School Age (3-22 years) Special Education Local Plan Areas Family Empowerment Centers School Districts, Charter LEAs, County Offices of Education, Nonpublic Schools and Agencies

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction 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

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction 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

CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction 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 (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 (d)(2)(v)

TOM TORLAKSON State Superintendent of Public Instruction 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.

TOM TORLAKSON State Superintendent of Public Instruction 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 or NPSs 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.

TOM TORLAKSON State Superintendent of Public Instruction Recent Data on Special Education Services Related to Mental Health Notes: All data are derived from annual reporting obtained in June of each year. All data are based on the number of students receiving the service. Many students receive multiple services, therefore number of services > number of students.

CDE AB114 Resources Website

Documents Available on the AB 114 Web Page Document NameDate Published Assembly Bill 114: Local Educational Agencies’ Responsibility For Providing Related Services To Students With Disabilities July 26, 2011 Mental Health Services FAQJuly 30, 2012 Assembly Bill 114: Available Funding Sources And Spending ParametersSeptember 13, 2011 Assembly Bill 114: Medication MonitoringSeptember 13, 2011 Assembly Bill 114: Nonpublic Agency CertificationSeptember 13, 2011 Assembly Bill 114: Related Services Under The Individuals With Disabilities Education ActSeptember 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 DisabilitiesSeptember 13, 2011 Assembly Bill 114: Options For Providing Related Services For Medi-cal Eligible StudentsOctober 6, 2011 Assembly Bill 114: Developing A System For The Provision Of Related ServicesDecember 27, 2011 Assembly Bill 114: Use Of Mental Health Funds In The Budget Act Of 2011–12January 5, 2012 A Graphic Representation Of An Idea-based Continuum Of Potential Service EnvironmentsJanuary 9, 2012

Documents Available on the AB 114 Web Page (Continued) Document NameDate Published Assembly Bill 114: Day TreatmentSeptember 21, 2012 (Revised) Assembly Bill 114: Assessment SummarySeptember 12, 2012 (Revised) Assembly Bill 114: Parent Survey ResultsJuly 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

TOM TORLAKSON State Superintendent of Public Instruction 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 35 AB 114