BILL NUMBER: AB 1025 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN ASSEMBLY JUNE 2, 2015
AMENDED IN ASSEMBLY MAY 6, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
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. 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.
This bill, until January 1, 2020, would require the State
Department of Education 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, 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 the State Department of Education
the designated county office of education or designated county
offices 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 for startup and evaluation
evidence of a plan to serve their pupils with a combination of school
funds and mental health funds 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
the enactment of an appropriation for this purpose,
the above-mentioned appropriation, would require the
State Department of Education designated county office
of education or county offices of education 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
department, 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 steering
committee, 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:
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,
pursuant to Section 57 of Chapter 13 of the Statutes of 2015,
the department 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), 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 moneys appropriated in the annual
Budget Act or another statute the funds specified in
Section 57 of Chapter 13 of the Statutes of 2015 and other funds that
may be appropriated for the purpose of implementing this
article, the department designated county
office of education or county offices of education
shall establish the pilot program in three
two 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 department designated
county office of education or county offices of education 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 provide evidence of a plan to serve their pupils
with a combination of school funds and mental health funds 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. In
addition to reflecting the school's specific culture and needs, a
school's model shall include all of 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.
(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.
(2) Leverage Leveraging 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 an appropriation in the annual
Budget Act or another statute the funds specified in
Section 57 of Chapter 13 of the Statutes of 2015 and other funds that
may be appropriated for the purpose of implementing this
article, the department designated county
office of education or county offices of education 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.
(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.
(d) (1) (A)
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.
(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.
(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.
(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.
(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.