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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. Changes to Law Statutory Transition from AB 3632 to AB 114 New Responsibilities for LEAs and IEP Teams

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california department of education special education division january 2014
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

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

Overview of Contents

  • 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
legislation
The 2011-12 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 2011-12 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)

Legislation

slide4

AB 3632

34 CFR 300 et seq

30 EC 56000 et seq

5 CCR 3000 et seq

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.

Individuals with Disabilities Education Act (IDEA)

AB 114

special education local plan area selpa
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)
slide8

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))

iep team meeting activities
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
iep team meeting activities cont d
IEP Team Meeting Activities, cont’d.

IEP services are to be provided based on students’ needs, and not limited due to funding considerations.

slide11

The Importance of Clarity in the IEPBecause 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.

slide12

*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

iep team participation
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 56341
iep team participation continued
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 56341

procedural safeguards
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
complaints and due process
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: 800-926-0648; Weekdays, 9:00 a.m. to 4:00 p.m.

Videophone Line: 916-374-7182 (deaf/hard of hearing); Weekdays, 9:00 a.m. to 4:00 p.m.

E-mail: speceducation@cde.ca.gov

FAX: 916-327-3704

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 95833-4231

Telephone: 916-263-0880
Fax: 916-263-0890

slide18

FundingIn 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 2011-12 to FY 2012-13 in response to the transition.

funding fy 2011 12
The 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)

$3 million (Item 6110-161-0001 – Provision 27)

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

Department of Mental Health

$98.5 million (Item 4440-295-3085)

* The term “Educationally related mental health services” is not found in IDEA or state special education laws.

Funding FY 2011-12

funding fy 2012 13
The 2012-13 Budget Act also provided funding for “educationally related mental health services”, but distributed all of these funds to SELPAs:

Department of Education

$348.19 million (Item 6110-161-0001 – Provision 22)*

$3 million (Item 6110-161-0001- Provision 23)

$51.75 million (Item 6110-161-0890 – Provision 7.5)**

$17.25 million (Item 6110-161-0890 – 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

Funding FY 2012-13

funding fy 2013 14
The 2013-14 Budget Bill continues to provide funding to SELPAs for “educationally related mental health services”:

Department of Education

$354.3 million (Item 6110-161-0001 – Provision 16)*

$3.0 million (Item 6110-161-0001- Provision 21)**

$69.0 million (Item 6110-161-0890 – 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

Funding FY 2013-14

slide23

How the Funding Flows( Based on the Proposed 2013-14 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.
slide24

Fiscal and Administrative Relationships for Special Education Programs in California

United States Department of Education

United States Department of Education

Office of Special Education Programs

Office of Special Education Programs

Individuals with Disabilities Education Act (IDEA)

Individuals with Disabilities Education Act (IDEA)

California Department of Education

California Department of Education

Special Education Division

Special Education Division

Part B of IDEA

Part B of IDEA

Preschool and School Age (3

Preschool and School Age (3

-

-

22 years)

22 years)

Special Education

Special Education

Family Empowerment

Family Empowerment

Local Plan Areas

Local Plan Areas

Centers

Centers

School Districts, Charter LEAs, County Offices

School Districts, County Offices of Education,

of Education,Nonpublic Schools and Agencies

Nonpublic Schools and Agencies

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 300.154

Medi-Cal as a Means of Supplementing Funding

slide26

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

Options that LEAs have in utilizing Medi-Cal for the provision of related services through a student’s IEP include:

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 300.154(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 300.154(d)(2)(v)

LEA Requirements for the Use of Medi-Cal

service provision options for leas
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.
recent data on special education services related to mental health
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.

slide31

CDE AB114 Resources Website

http://www.cde.ca.gov/sp/se/ac/ab114twg.asp

work group presentations posted on the ab 114 twg web page
Work Group Presentations Posted on the AB 114 TWG Web Page
  • Medi-Cal Billing Options (August 2011)
  • Residential Care Assessment (September 2011)
  • Contracts/MOUs Between SELPAs and CMH (September 2011)
  • Contracts/Agreements Between SELPAs and County Mental Health Agencies (November 2011)
  • Desert Mountain SELPA and San Diego Unified Service Delivery Models (October 2011)
  • Assessment and Service Determination (October 2011)
  • Promising/Replicable Practices (October 2011)
  • Mental Health IEP Services Transition: Santa Barbara & North Region SELPAs (November 2011)
  • Wraparound Services (November 2011)
  • Promising National Models Update (January 2012)
  • Contra Costa County Service Delivery Model (January 2012)
  • Parent Survey Information (February 2012)
  • Overview of the Child and Adolescent Needs Survey & How CANS is Used in One SELPA (November 2012)
slide35

AB114 Website

http://www.cde.ca.gov/sp/se/

AB 114 email

AB114TWG@cde.ca.gov