AAV of AB 114 Transition Stakeholder Presentation

This page is the Accessible Alternative Version (AAV) of the AB 114 Transition Stakeholder Powerpoint Presentation (PPT; 10MB; 50 slides) posted at the AB 114 Special Education Transition page. The Powerpoint version is considered to be the official version of the document.

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Slide 1

Overview of Changes related to AB 114
Transition from AB 3632 to IDEA
Working Group Activities and Products
September 23, 2011

Slide 2

Webinar Purpose

The purpose of the Webinar is to secure input from a broad group of interested stakeholders about issues and concerns related to the transition of the provision of mental health services by county mental health agencies under Chapter 26.5 of the Government Code to the provision of related services by local educational agencies under the Individuals with Disabilities Education Act.

Slide 3

2011-12 Budget Act and AB 114

• The 2011-12 Budget Act and AB 114 created a significant change in the way that services are delivered to students with emotional and behavioral needs
• The 2011-12 Budget Act was signed June 30, 2011 and focused funds for services on SELPAs and LEAs
• AB 114 (a trailer bill to the 2011-12 Budget Act) was signed June 30, 2011 and eliminated the state statutory structure for mental health service delivery through CMH

Slide 4

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)
• $69 million (Item 6110-161-0890 - Provision 9)

Department of Mental Health

$98.5 million (Item 4440-295-3085)

Slide 5

Highlights sections of Education Code, Family Code, Government Code, and Welfare and Institutions Code to be amended and/or repealed.

AB 114

Made the technical changes to code to eliminate state required mental health services provided under Chapter 26.5 of the Government Code and to leave responsibility for special education and related services as it is required under the Individuals with Disabilities Education Act (IDEA).

Slide 6

Provides a chart that displays various sections from Education Code, Government Code and Welfare and Institutions Code related to changes in mental health services through the amendment or repeal of code sections.

Slide 7

To help us understand the changes we prepared a handout that shows the changes to Chapter 26.5 of the Government Code.

Slide 8

We also made a handout that shows the changes that were made to Education Code, Family Code, and Welfare and Institutions Code.

Slide 9

Essentially, all references to responsibilities of county mental health agencies and requirements for mental health services for students with IEPs have been eliminated from state law. (Only references to state hospitals and surrogate parents remain.)

Slide 10

Title 2 regulations related to Chapter 26.5 are no longer supported by statute and will need to be readopted, amended and adopted or repealed.

Slide 11

The Individuals with Disabilities Education Act (IDEA) regulations do not include or define mental health services in the related services sections of the regulations. Though it should be noted that the list of related services is not considered to be “exhaustive”.

Slide 12

Other parts of the regulations provide no guidance either. There are only three references to mental health. The first is in a comment related to interagency agreements.

Slide 13

The second is the applicability of the IDEA to other agencies that are involved in the education of children with disabilities.

Slide 14

The third reference is to an allowable use of IDEA funds for state-level activities.

Slide15

One of the Elephants in the Room

• Educationally Related Mental Health Services – What are they?
  • Coined in the 2011-12 Budget Act
  • Provided pursuant to IDEA and as described in 30 EC 56363
  • 30 EC 56363 defines “designated instruction and services” as “related services” as that term is defined in
    • Section 1401(26) of Title 20 of the United States Code, and
    • Section 300.34 of Title 34 of the Code of Federal Regulations
  • As a result, for the purposes of this project, we will be using terms from the IDEA which is the legal source driving the provision of these special education and related services
  • We will not be coining or defining new terms

Slide 16

Realignment to the IDEA
Evaluation and Assessment
Required Services
Procedures
Participants
Administrative Requirements
Funding Mechanisms

Slide17

Transition Planning Process

• Baseline Practices and Implementation Targets
• Accountability and CASEMIS Audit
• Working Groups
  • Legislative Requirements/Funding Working Group
  • Procedures Working Group
  • Service Delivery Models Working Group
• Workgroup Products and Delivery Schedule
• Stakeholder Input

Slide 18

Overall Purpose

The overall purpose of this working group is to assist the CDE to provide oversight and technical assistance to local educational agencies as services to students with emotional and behavioral needs transition from mental health services under AB 3632 to related services under the Individuals with Disabilities Education Act (IDEA).

Slide 19

Outcomes

LEAs will:

• minimize disruption and maintain quality of services for students previously served under AB 3632;
• develop internal capacity for overseeing, contracting for, and providing quality related services; and
• implement effective models for service delivery

CDE will:

• identify options for controlling costs and accessing Medi-Cal and other local, state, and federal funds;
• strengthen linkages between mental health and education services;
• improve accountability for effective services and positive pupil outcomes

Slide 20

Delivery Schedule

Provides a delivery schedule of initial recommendations and products by name and date.

Slide 21

Products Completed

• Initial survey
• Guidance Documents
  • Related Services
  • Medication Management
  • Funding Streams
  • Related Service Personnel
  • Nonpublic Agency Certification
  • Residential Services
  • Use of Insurance for Related Services
• Working Group Presentations
  • Medi-Cal Overview
  • Residential Care Assessment
  • Contracts and Memoranda of Understanding

Slide 22

Under Development

• Medi-Cal Guidance
  • LEA billing option
  • SMHSW
• Upcoming presentations
  • Assessment and Service Determinations
  • Local Service Delivery Models

Slide 23

Meeting Schedule

Chart depicting the month and date of scheduled AB 114 TWG meetings

Slide 24

Who are we talking about?

Chart illustrating Students Reported as 26.5 Eligible by Disability

Slide 25

Who are we talking about?

Chart illustrating Students Reported as 26.5 Eligible by Ethnicity

Slide 26

Who are we talking about?

Chart illustrating Students Reported as 26.5 Eligible by Grade

Slide 27

Who are we talking about?

Chart illustrating Students Reported as 26.5 Eligible by Disability

Slide 28

Chart depicting Annual IEPs by Month

Slide 29

Other Interesting Info

• 3,680 of 17,139 students eligible for 26.5 had no MHS language reported in their IEPs.
  20% of students transitioning from 3632 to IDEA may have received services but had no services listed in their IEP.
• Roughly 35% of the students reported as eligible for 26.5 were new to the program in December 2010 and December 2009.
  In addition to transitioning students and their families from one system to the next, LEAs need to have procedures and services in place for new students as well.

Slide 30

Screen shot of the California Department of Education Web site with a URL to the Special Education Division Web page [http://www.cde.ca.gov/sp/se]

Slide 31

Screen shot of the California Department of Education, Special Education Division’s Web page, showing an arrow pointing to the Announcements & Current Issues section that includes the AB114 Web page.

Slide 32

Screen shot of the Announcements & Current Issues Web page with an arrow pointing to the first link to the AB 114 Web page.

Slide 33

Screen shot of the AB 114 Special Education Transition Web page.

Slide 34

Screen shot showing the contact information located at the bottom of the AB 114 Web page; Questions: Policy & Program Services, AB114TWG@cde.ca.gov, 916-323-2409.

Slide 35

Guidance documents

Slide 36

Related Services Under the IDEA
Screen shot of the letter (guidance document from CDE)

• This document outlines the requirements for service provision under the federal IDEA and defines certain related services terms.
• The document clarifies that eligibility is not contingent on a specific disability or mental health diagnosis.
  
  

Slide 37

Medication Monitoring
Screen shot of the letter (guidance document from CDE)

• This document discusses “medication monitoring” as previously defined in Title 2 of the California Code of Regulations under AB 3632.
• The document is intended to assist LEAs in facilitating the transition of services authorized under prior state law to services authorized by the IDEA.
  
  

Slide 38

Funding Sources
Screen shot of the letter (guidance document from CDE)

• This guidance describes funding sources available in 2011-12 to support the provision of related services to students with disabilities.
• The CDE is drafting guidance regarding services that may be paid for with this federal funding.
  

Slide 39

Funding Sources (continued)
Screen shot of another section of the letter (guidance document from CDE)

• Note that while this funding is identified as two separate sources in the state budget, it is being distributed to SELPAs as a single apportionment.
  
  

Slide 40

Funding Sources (continued)
Screen shot of another section of the letter (guidance document from CDE)

• Proposition 63 funds may be accessed only by mental health agencies. LEAs seeking to serve students through this funding must develop an agreement with their county mental health agency. County mental health agencies not using this funding are required to return it to the state for redistribution to other counties.
• County mental health agencies should have received these funds. If not, check with your county treasurer.
  
  

Slide 41

Use of Insurance for Related Services
Screen shot of the letter (guidance document from CDE)

• Case law shows that private insurance carriers can exclude coverage for services that are determined by an IEP team as a necessary component for FAPE (Chester County v. Pennsylvania Blue Shield).
• Potential changes:
  • Senate Bill 946 Steinberg, if passed would require health insurance plans to cover treatment for autism starting on July 1, 2012.
  • The U.S. Department of Education released a notice of proposed rulemaking on 9/6/11 seeking to amend IDEA Part B regulations on parental consent to public insurance.
  • If these changes are enacted, there would be no need to obtain separate consent prior to seeking to bill/access public insurance benefits.
    
    

Slide 42

Questions and Suggestions

• Clarification Questions
• Suggestions for additional guidance that may be needed
  
  

Slide 43

Personnel
Screen shot of the letter (guidance document from CDE)

• This guidance describes requirements for employing and supervising individuals who provide related services in California public schools.
• Not all individuals employed by LEAs to provide related services are included in CTC assignment monitoring.
• All individuals who provide related services must be appropriately licensed or certified per Sec. 3051, Title 5, CCR.
  
  

Slide 44

Personnel (continued)
Screen shot of the letter (guidance document from CDE)

• LEAs have supervisory responsibilities for all personnel providing related services, including community-based personnel.
  
  

Slide 45

Nonpublic Agency Certification
Screen shot of the letter (guidance document from CDE)

• This guidance document clarifies when entities providing related services must be certified as nonpublic agencies or schools, and when they do not.
  

Slide 46

Nonpublic Agency Certification (continued)
Screen shot of another section of the letter (guidance document from CDE)

• Entities that provide related services must meet one of three criteria.
  
  

Slide 47

Nonpublic Agency Certification (continued)
Screen shot of another section of the letter (guidance document from CDE)

• State law does not require entities that currently contract with a state or local public mental health agency to obtain NPA or NPS certification.
• NPA certification is available to private entities with qualified Staff.
• Employers contracting with CMH contractors must secure and maintain specific documentation.
  
  

Slide 48

Residential Care for Students with Disabilities
Screen shot of the letter (guidance document from CDE)

• This document outlines LEA responsibilities when contracting for residential care.
• Residential placements that exist as of the date of this letter may be maintained.
• LEAs do not need to seek a waiver before adding residential services to a Master Contract with a California-certified NPS

• Moving forward, and as of July 1, 2012, LEAs must ensure they contract with residential care providers that are either:
  • Affiliated with a California-certified NPS
  • Certified as a NPA or
  • A Contractor or vendor of mental health
  
  

Slide 49

Questions and Suggestions

• Clarification Questions
• Suggestions for additional guidance that may be needed
  
  

Slide 50

Next Steps

• To provide input send e-mail to AB114TWG@cde.ca.gov
• Webinar recording and copy of power point presentation will be available at the AB 114 Website [http://www.cde.ca.gov/sp/se/ac/ab114twg.asp]