Mental Health Services FAQ

In 1984, Assembly Bill (AB) 3632 statutorily required a partnership between school districts and county mental health agencies to deliver mental health services to students with individualized education programs (IEPs). In 2011, the California Legislature passed AB 114, which repealed the state mandate on special education and county mental health agencies and eliminated related references to mental health services in California statute. As a result of this new legislation, school districts are solely responsible for ensuring that students with disabilities receive special education and related services to meet their needs according to the Individuals with Disabilities Education Act (IDEA) of 2004.

Given this recent change to state laws, the Frequently Asked Questions (FAQs) below are offered to provide students, parents, educators, and other stakeholders with information about services for students with disabilities that were formerly provided by county mental health agencies.

1. My student’s current IEP lists mental health services (“AB 3632” services). Do these services end on July 1, 2011?

   No. School districts are responsible for ensuring that students continue to receive their services as documented in their IEPs. The provision of any service does not end until an IEP Team determines that the student no longer requires the service. The IEP must then be amended with the consent of the parent, guardian, or other holder of the student’s educational rights. During the 2011-12 school year, your child’s IEP should be changed to delete references to AB 3632 given the change in statute; however, your child’s new IEP should continue to reflect needed services.

2. My student does not currently have mental health services in his/her IEP, but he/she needs such services. What do I do?

   According to state and federal laws and regulations, students must be assessed in all areas related to their suspected disabilities. You may therefore request that your school district assess your student to determine the services that your child may require. Be sure to put this request in writing and save a copy. The school district must respond to your request in 15 days. For more information, contact the Special Education Office in your school district.

3. May services be denied, changed, or limited due to changes in funding?

   No. Federal law says that districts must provide a free appropriate public education (FAPE) to students with disabilities identified according to the IDEA. The services noted in your student’s IEP must be provided without regard to changes in funding.

4. Does the county mental health agency have a role in providing any of the services listed in my student’s IEP? What is the role of the school district in determining this role?

   The school district is ultimately responsible for ensuring that all students receive the services noted in their IEPs. Some school districts may contract with county mental health agencies for the provision of some services. Districts may also hire their own professionals, contract with organizations or professionals in the community, or use a combination of approaches to ensure services continue.

5. I had a compliance complaint about 3632 services that was opened in fiscal year 2010-11 where corrective actions were prescribed. What is the status of my complaint?

   California Department of Education, Special Education Division, staff will continue to monitor corrective actions resulting from complaints opened in fiscal year 2010-11. According to federal law, the investigator has 60 days to complete the investigation itself and mail the resultant report with findings to the complainant and the district. Corrective actions will be monitored according to the timeline or schedule for completion that is included in the report.

6. I have a complaint in due process that was opened in fiscal year 2010-11, but a decision has not yet been rendered. What is the status of my due process hearing?

   If you have a complaint in due process, you should contact the Office of Administrative Hearings. Please see telephone number and website links at the end of this document.

7. What if I have a new complaint related to the mental health services that my student receives?

   Contact the special education office of your local school district to discuss the issues. You may also need to convene your student’s IEP Team and discuss your concerns during an IEP Team meeting. If your complaints are not resolved, you may file a request for investigation through the California Department of Education, Special Education Division, Complaint Support Unit. If you and the school district disagree about the services your student receives, you may also request mediation or due process hearings through Office of Administrative Hearings (see telephone numbers and website links listed at the end of this document).

8. My student is currently placed in a residential facility. Will my student be able to continue in that placement?

   Decisions regarding continuation of placement, or change in placement, are made by your student’s IEP Team.

9. Should services that address mental health needs be included in the IEP and not in a separate document?

   Yes. The services that the IEP Team determines the student needs should be included within the IEP itself.

10. If I disagree with the results of an assessment obtained by my school district, what should I do?

    A parent has the right to an independent educational evaluation (IEE) at public expense if the parent disagrees with an evaluation obtained by the school district, subject to the following conditions. If a parent requests an IEE at public expense, the school district must, without unnecessary delay, either file a due process complaint to show that its evaluation is appropriate, or ensure that an IEE is provided at public expense, unless the school district demonstrates in a due process hearing that the IEE obtained by the parent did not meet agency criteria. If the school district files a due process complaint to request a hearing and the final decision is that the school district’s evaluation is appropriate, the parent still has the right to an IEE, but not at public expense.

11. What is Wraparound?

    Wraparound is not a specific service, but rather a planning process yielding a “Wraparound Plan” containing services, as needed, to support children and their families. Wraparound is administered by the California Department of Social Services (CDSS) and is defined as:
    
    A planning process that values the engagement of the child and his/her family in a manner that shifts from a problem focused view of issues to building on individual strengths to improve family and child well-being. The process is used to engage the family as they identify their own needs and create methods and a plan to meet those needs. The goal is to provide intensive, individualized services and supports to families that will allow children to live and grow up in a safe, stable, permanent family environment.
    It should be noted that neither the IDEA nor California Education Code require school districts to provide Wraparound planning as a related service on a student’s IEP.
    
    The following links are from outside sources and provide reference information for different county-based Wraparound programs:
    

    • National Wraparound Initiative :
      • National Wraparound Initiative, Wraparound Basics
      • The Wraparound Orange County Mode (PDF)
      • Eastfield Ming Quong (EMQ) Children & Family Services: Transformation from Residential Services to Wraparound (PDF; 2MB)
      • The Wraparound Process User's Guide, A Handbook for Families (PDF; 5MB)
    • Child Welfare Mental Health Services Division (CWMHSD) of Los Angeles County
    • Santa Clara County Wraparound Service Program
    • EMQ Families First, Wraparound Services

12. Where can I find more information about Wraparound?

    The program is administered by the California Department of Social Services (CDSS) through county agencies. The following links provide further information and are located on the CDSS website :
    

    • Katie A. v. Bonta, Family Centered Services
    • Children & Family Services Division California Wraparound Program (PDF)
      

13. Who is authorized to provide Wraparound?

    The California Department of Social Services (CDSS) authorizes providers through county programs and keeps a list of County Wraparound Coordinators and their agencies. Please visit the CDSS website (CA County Wraparound) for more information.

14. Are schools required to provide Wraparound?

    No, schools are not required to provide Wraparound planning. School districts are required to provide a free and appropriate public education by providing special education and related services through an IEP. Please refer to the California Department of Education guidance letter of September 15, 2011, for more information on related services.

15. As a parent of a special needs child, can I request that the district provide Wraparound as a related service on the IEP?

    As a member of your child’s IEP Team, you can request that the IEP Team consider including particular services in the IEP. Please keep in mind that:

    • Wraparound is not a specific service, rather it is a planning process that leads to the creation of a wraparound plan.
    • Related services support student goals, which support student needs, as identified through the IEP assessment process.
    • The local educational agency is responsible for offering, through the IEP process, special education and related services designed to meet the child’s unique needs.

16. Which offices do I contact for additional assistance and information?

    Start by calling your school district special education office and your special education local plan area (SELPA). You may also contact the following offices:

    • California Department of Education, Special Education Division, Complaint Support Unit by phone at 800-926-0648; or by email at speceducation@cde.ca.gov
    • Office of Administrative Hearings, Special Education Division by phone at 916-263-0880
    • One of the local California Parent Organizations

For additional information on California special education, please visit the Special Education web page.