AB 114 Special Education Transition

Background

On June 30, 2011, Assembly Bill 114, Chapter 43, Statutes of 2011 (AB 114) (PDF) was signed into law. Under AB 114, several sections of Chapter 26.5 of the California Government Code (GC) were amended or rendered inoperative, thereby ending the state mandate on county mental health agencies to provide mental health services to students with disabilities. With the passage of AB 114, it is clear that school districts are now solely responsible for ensuring that students with disabilities receive special education and related services, including some services previously arranged for or provided by county mental health agencies.

AB 114 Transition Stakeholder Webinar, September 23, 2011 (Posted 14-Oct-2011)
An overview of changes in the provision of related services to students with disabilities resulting from the transition of responsibilities from mental health agencies to local educational agencies, pursuant to AB 114. Staff also introduce several documents that provide guidance to the field related to the transition of responsibilities and answer numerous questions submitted by viewers during the live WebCast.

AB 114 Transition Stakeholder PowerPoint Presentation (PPT; 10MB; Posted 14-Nov-2011)
Accessible Alternative Version of the AB 114 Transition Stakeholder PowerPoint Presentation
Provides information presented during the AB 114 Transition Stakeholder Webinar, held on September 23, 2011.

Questions and Answers (Posted 18-Nov-2011)
The following questions and answers are from the first AB 114 Stakeholder Webinar that was conducted on Friday, September 23, 2011.

Guidance from the California Department of Education

Guidance Documents Concerning the Provision of Related Services (PDF; 1MB; Posted 04-May-2012)
A graphic that provides a visual organizer for guidance documents that provide an overview of the transition of oversight for the provision of mental health related services from mental health agencies to local education agencies, with references to additional documents that provide more detailed information on specific topics related to the transition.
Accessible Alternative Version of the Guidance Documents Concerning the Provision of Related Services

Assembly Bill 114: Local Educational Agencies’ Responsibility for Providing Related Services to Students with Disabilities (Posted 12-Sep-2011)

Frequently Asked Questions About Services Previously Provided Through County Mental Health Agencies for Students with Individualized Education Programs (Updated 30-Jul-2012)

Available Funding Sources and Spending Parameters (Posted 14-Sep-2011)
September 13, 2011, letter to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

Medication Monitoring (Posted 15-Sep-2011)
September 13, 2011, letter to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

Nonpublic Agency Certification (Updated 20-Jul-2015)
Letter originally dated September 13, 2011, revised on July 20, 2015, to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

Related Services Under the Individuals with Disabilities Education Act (IDEA) (Posted 15-Sep-2011)
September 13, 2011, letter to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

Requirements for Securing the Services of Mental Health Professionals to Provide Related Services to Special Education Students (Posted 16-Sep-2011)
September 13, 2011, letter to County and District Superintendents, Mental Health Agency Administrators, and Other Entities Providing Related Services to Special Education Students

Residential Care for Students with Disabilities (Posted 19-Sep-2011)
September 13, 2011, letter to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

Options for Providing Related Services for Medi-Cal Eligible Students (Posted 17-Oct-2011)
October 6, 2011, letter to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

Developing a System for the Provision of Related Services (Posted 06-Jan-2012)
December 27, 2011, letter to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

A graphic representation of an IDEA-based continuum of potential service environments (DOC; Posted 09-Jan-2012)

Day Treatment (Revised 19-Oct-2012)
Letter originally dated June 27, 2012, revised on September 21, 2012, to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators of County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

Assessment Summary (DOC; Updated 27-Mar-2014)
Letter originally dated June 28, 2012, revised on March 21, 2014, to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators of County Offices, Charter School Administrators, Principals, Nonpublic School Directors, Parents, and Mental Health Professionals

Parent Survey Results (Posted 26-Jul-2012)
July 16, 2012, letter to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

Providing Coordinated Intensive Services through an Individual with Disabilities Act Compliant Individualized Education Program (DOC; Revised 03-Oct-2012)
Letter originally dated July 26, 2012, revised on September 20, 2012, to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators of County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

Individuals with Disabilities Education Act and the Use of Insurance for Related Services — Revised (Posted 09-Apr-2013)
March 13, 2013, letter to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

Documenting Coordinated Services (Bundled Services) in Individualized Education Programs to Comply with the Individuals with Disabilities Education Act Requirements (Posted 09-Apr-2013)
March 13, 2013, letter to County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices of Education, Charter School Administrators, Principals, and Nonpublic School Directors

Resources

Local Educational Agency Medi-Cal Billing Option
The Local Educational Agency (LEA) Medi-Cal Billing Option Program offers health assessment and treatment for eligible students and eligible family members within the school environment. Federal reimbursement is provided to LEAs through the LEA Medi-Cal Billing Option Program.

The Positive Environments, Network of Trainers (PENT) is a California Positive Behavior Initiative designed to provide information and resources for educators striving to achieve high educational outcomes through the use of proactive positive strategies. Evidence-based positive practices and helpful information is disseminated statewide through this website. The California Department of Education (CDE) has collaborated with PENT by presenting information on the transition of mental health services for special education students from County Mental Health Agencies, under Chapter 26.5, to local educational agencies as a result of AB 114.

Federal Guidance on the Application of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to Student Health Records (PDF; Posted 02-Aug-2013)
This guidance document, jointly created by the U.S. Department of Health and Human Services and the U.S. Department of Education, provides an overview and answers questions about the applicability of federal privacy rules to student records.

IEP Video Module Series

The Individualized Education Program (IEP) - Module 1 (Video; 15:26; Posted 02-Aug-2013)
Requirements for local educational agencies under the Individuals with Disabilities Education Act (IDEA): Understanding How the IEP Process has changed as a Result of the Passage of Assembly Bill (AB) 114.
Text transcript for this presentation

El Programa de Educación Individualizado (IEP) - Módulo 1 (Video; 22:43; Posted 02-Aug-2013)
Requisitos de las autoridades educativas locales bajo la Ley de Educación de Individuos con Incapacidades (IDEA): comprender cómo el proceso IEP ha cambiado como resultado de la aprobación de Ley de la Asamblea (AB) 114.
Transcripción del texto para esta presentación

The Individualized Education Program (IEP) - Module 2 (Video; 18:52; Posted 02-Aug-2013)
Requirements for local educational agencies (LEAs) Under the Individuals with Disabilities Education Act (IDEA): The IEP Process from Child find to IEP Team Meeting.
Text transcript for this presentation

El Programa de Educación Individualizado (IEP) - Módulo 2 (Video; 24:56; Posted 02-Aug-2013)
Requisitos para agencias educativas locales con la Ley de Educación para Individuos con Discapacidades(IDEA): El proceso del Programa de Educación Individualizado (IEP) de elegibilidad a junta o reunión del equipo IEP.
Transcripción del texto para esta presentación

The Individualized Education Program (IEP) - Module 3 (Video; 35:14; Posted 02-Aug-2013)
Requirements for local educational agencies (LEAs) Under the Individuals with Disabilities Education Act (IDEA): Individual Education Program Development.
Text transcript for this presentation

El Programa de Educación Individualizado (IEP) - Módulo 3 (Video; 50:57; Posted 02-Aug-2013)
Requisitos los para distritos escolares bajo La Ley de Educación para Individuos con Discapacidades (IDEA): El desarrollo del Programa de Educación Individualizado.
Transcripción del texto para esta presentación

The Individualized Education Program (IEP) - Module 4 (Video; 01:18:06; Posted 24-Sep-2014)
The fourth module in a five-part series on the Individualized Education Program process. This module includes two activities based on information pulled from student IEPs, to show how IEPs can be analyzed to see if they have been reasonably calculated to provide educational benefit for the student. We should note that the activities contained in this module are for presentation and educational purposes only. This module should not be construed as representing actual monitoring reviews and related training conducted by CDE staff.
Text transcript for this presentation

The Individualized Education Program (IEP) - Module 5 (Video; 11:57; Posted 24-Sep-2014)
The fifth and final module of a series created by the California Department of Education on the Individual Education Program process. This module addresses some additional considerations not covered in the previous modules for IEP teams as they undertake the process of IEP development.
Text transcript for this presentation

El Programa de Educación Individualizado (IEP) - Módulo 5 (Video; 16:59; Posted 24-Sep-2014)
El quinto y último módulo de la serie creada por el Departamento de Educación de California sobre el proceso del Programa de Educación Individualizado. Este módulo cubre algunas consideraciones adicionales, que no fueron incluidas en los otros módulos, para equipos del Programa de Educación Individualizado cuando comienzan con el proceso de desarrollar el Programa de Educación Individualizado.
Transcripción del texto para esta presentación

AB 114 Transition Working Group

As a part of the Budget Act of 2011-12, the California Department of Education (CDE) was given funds to support the transition of services from county mental health agencies to local educational agencies in conjunction with a working group of parents, advocates, local educational agency staff, mental health experts, and legislative personnel.

The CDE convened the AB 114 Transition Working Group on July 27, 2011, to address changes created by the passage of AB 114. The group’s goals are as follows:

• To clarify requirements for the provision of services to students eligible for special education as established in federal and state law
• To identify available funding sources, the means for accessing funds, and the parameters for use of funds
• To develop appropriate procedures for: (a) identifying and assessing students; (b) creating and amending Individualized Education Programs; and (c) monitoring the progress of students, the provision of services, and the use of funds
• To describe appropriate service delivery models and best practices for ensuring the provision of related services to students

Mental Health Transition Plan (Posted 12-Sep-2011)