sonoma county selpa steering committee · 2016. 6. 8. · superintendents to determine if they are...
TRANSCRIPT
In compliance with Government Code § 54954.2(a), the Sonoma County SELPA will, upon request, make this agenda available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132) and the federal rules and regulations adopted in implementation thereof. Individuals who need this agenda in an alternative format or who need a disability-related modification or accommodation in order to participate in the meeting should contact Bonnie Tanner, Division Support Assistant to the SELPA Director, Sonoma County SELPA, 5340 Skylane Boulevard, Santa Rosa, CA 95403, phone (707) 524-2752. Agenda and content materials are available for inspection at the SELPA Office located at the above referenced address.
SONOMA COUNTY SELPA
STEERING COMMITTEE Agenda
May 20, 2016 8:30 a.m.- 10:00 a.m.
Sonoma County Office of Education
Steering Committee Meeting Norms We agree to: 1. Allow each other to talk without interruption. 2. Treat each other respectfully: - Address each other by name. - Speak using a ‘normal’ speaking level. - Be aware of your body language and keep it positive. - Limit side conversations. 3. Participate fully. Seek clarification when needed. 4. Start and end on time. Respect “time” in discussion comments. 5. Allow for disagreement: - Disagree with the idea, not the person. - Once stated and responded to, we will move on. 6. Refrain from commenting on issues that are personal and/or confidential in nature.
I. OPENING
II. PUBLIC INPUT This is a time for members of the audience to address the committee regarding items that are not on the agenda. It is understood that the Steering Committee will not necessarily respond to presentations under the “Public Input” portion of the agenda. Presentations shall be limited to three minutes.
III. CELEBRATIONS and ANNOUNCEMENTS IV. ADJUSTMENT OF AGENDA
V. CONSENT AGENDA A. Approval of the Minutes from the April 15, 2016 Meeting Action
(Attachment, page 4)
Page 1 of 74
VI. OPERATIONAL ITEMS Information A. SELPA Staffing
Catherine Conrado
B. Nonpublic School/Agency Items Information (Attachment, page 8) Catherine Conrado
C. Program Operator Updates Information Members
D. CAC Update Information Kristie Anderson
E. Calendar of Dates and Process for the NPS Consultation Group Information (Attachment, page 9) Suzanne Tribbey
F. Update on the CCS-MTU Re-Location Information (Attachment, page 10)
Catherine Conrado
G. Update on SEIS Data Integration Information Laura Buergler-Delgado
H. Review of Services for Students and Vaccination Requirements Information Carl Corbin
I. Program Specialist Updates Information Sharen Bertrando/John Fischer/Suzy Tribbey/Andrea Wells
J. Update on the California Alternate Assessment Information (Attachment, page 12)
Sharen Bertrando
K. Document for Reclassification of English Learners Information Note: This item will be re-visited in 2016-17 to ensure
we share a compliant worksheet (Attachment, page 20) Sharen Bertrando
Page 2 of 74
L. Publication on Schools and Services to Students with Disabilities Information (Attachment, page 33) Catherine Conrado
M. ESSA Key Points for Students with Disabilities Information (Attachment, page 57)
Catherine Conrado
N. CADRE: National Recognition of our Independent Advocates Information http://www.directionservice.org/cadre/bowman.cfm
Catherine Conrado
O. Meeting Calendar for 2016-17 Action (Attachment, page 74)
Catherine Conrado
VII. Items for Next Meeting
VIII. ADJOURNMENT
Page 3 of 74
In compliance with Government Code § 54954.2(a), the Sonoma County SELPA will, upon request, make this agenda available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132) and the federal rules and regulations adopted in implementation thereof. Individuals who need this agenda in an alternative format or who need a disability-related modification or accommodation in order to participate in the meeting should contact Bonnie Tanner, Division Support Assistant to the SELPA Director, Sonoma County SELPA, 5340 Skylane Boulevard, Santa Rosa, CA 95403, phone (707) 524-2752. Agenda and content materials are available for inspection at the SELPA Office located at the above referenced address.
SONOMA COUNTY SELPA
STEERING COMMITTEE Minutes
April 15, 2016 Members in Attendance Mary Ann Carpenter Diane Conger Vince Hamilton Steve Mizera Cathy Myhers
Molly Nagel Nikarre Redcoff Vanessa Riggs Elizabeth Sanchez
I. OPENING Catherine Conrado called the meeting to order at 8:30 a.m.
II. PUBLIC INPUT No public input was presented to the committee
III. CELEBRATIONS and ANNOUNCEMENTS • Mary Ann Carpenter and Maeve Mulholland acknowledged Suzanne Tribbey for her on-site
Managing Student Behavior (MSB) training in their respective districts. • Lisa Young shared that she spoke to Jeanne Bowman who said that Carlo misses everyone. The
recovery from his surgery was more complicated than he originally thought, and will likely not be able to return to work until the end of the school year.
• Melinda Susan acknowledged Lourdes Acuna, South County Consortium/La Tercera Instructional Assistant, who received the honor of being a Sonoma County finalist for the statewide Classified School Employee of the Year (CSEY).
• Vanessa Riggs shared an appreciation for Jennifer Ingels of Lattice Educational Services for her professionalism during a recent meeting.
IV. ADJUSTMENT OF AGENDA Catherine Conrado requested to move item F (Report on Impact of AB403) to the first operational item.
V. CONSENT AGENDA A. Diane Conger made a motion, with a second by Mary Ann Carpenter, to approve the Minutes from
the March 18, 2016 Meeting. The motion passed unanimously by the committee.
VI. OPERATIONAL ITEMS
Page 4 of 74
A. CAC Update Next meeting May 17, 2016. Sharen Bertrando announced that elections will occur at the next meeting. Pia Banerjea will be presenting on ERMHS/ERICS.
B. Nonpublic School/Agency Items
a. Approved 2016-17 Master Contract Language Changes b. Approved NPS/A Rate Changes c. RTC Documents Pilot
Catherine Conrado reviewed attached documents. She noted that the acronym ERICS (Educationally-Related Intensive Counseling Services) would be replacing ERMHS (Educationally-Related Mental Health Services).
C. Program Operators Updates No program operator updates were made to the committee.
D. Annual Performance Reports (APR)
Catherine Conrado presented the attachments and demonstrated how districts can access these reports on the CDE website (Specialized Programs – Special Education – Data Collection – Annual Performance Reports – Indicator Report, then scroll down to find district in alphabetical order). The APR displays information about district targets for graduation rates, dropout rates, statewide assessment results, and other indicators. Districts are encouraged to share these reports with their superintendents to determine if they are meeting targets. This information also ties in with the EL over-identification workgroup work that has been addressed this year with Sonoma County school districts.
E. Update on SELPA Staffing
Catherine Conrado reported that Andrea Wells, the new Program Specialist, will be starting on May 3rd and will be present at the next Steering Committee meeting on May 20th. The SELPA has also filled the AT Specialist position. Bob Raines announced at the last Superintendents Council that he has accepted a superintendent position in Marin County. Bob has been very involved in the EL over-identification workgroup, and districts will need to consider how to continue this valuable work considering the possible addition of Michael Fullan into this project.
F. Report on Impact of AB403: Continuum of Care Reform
Katie Greaves, Program Development Manager for Department of Human Services, presented on the upcoming changes resulting in the passing of AB403 as they relate to education. AB403 limits the number of days foster youth can stay in an emergency shelter to 10 days. It transforms group homes into a new category of congregate care facility defined as Short-Term Residential Treatment Centers (STRTCs). “Short-term” is defined as 12 months or less though depends on treatment needs of the student based on an assessment by County Mental Health. This has possible implications for how students in our county are served. For example, Plumfield serves students as a Level 8 and they will have to adjust to these new parameters or close. There will no longer be RTCs available for Level 10 or below. Katie Greaves is available to answer additional questions; steering members are encouraged to contact her at Human Services for further clarification as needed.
G. Review ERMHS Fund Balances Deborah Malone-Larson reviewed Fund Balance attachment. There is currently a large state balance of
ERMHS/ERICS funds. For this reason, the state is concerned that districts are not providing services for students since they are not fully using these funds. The Finance Committee will consider recapturing these funds if they remain unused. Steering Committee members are encouraged to discuss
Page 5 of 74
this issue with district CBOs to ensure expenses are coded in 6512. Catherine Conrado reviewed ERICS attachments on pages 66-67. Districts need to be prepared to defend such expenses in an audit by fiscal auditors. Four (4) SELPAs have been audited and found inadequate and unresponsive to students with mental health needs. It was requested that Sonoma County SELPA provide appropriate service codes for each of the reimbursement examples.
H. Update on SEIS Data Integration
Robin Horwinski will be attending a meeting at CALPADS next week to possibly obtain additional information regarding data integration. It is recommended that Steering hold-off on committing funds to SEIS regarding the 2-way data integration upgrade until she reports back from this upcoming meeting. Maeve Mulholland recommended that district IT personnel be included in future conversations about this data integration program.
I. EL Reclassification forms in SEIS Sharen Bertrando reviewed the attached English Learner with Special Needs Reclassification Worksheet developed by Jarice Butterfield from the Santa Barbara County SELPA. SBAC results are now included. Parent and teacher input are required for EL reclassification, with CELDT results also being a valuable piece of information for IEP teams. Diane Conger reported that she has developed her own worksheet. She will share this worksheet for consideration at the May Steering Committee meeting. Gilda DeNiro reported that Bellevue has been financially audited, and the auditors required documentation for students who had been reclassified.
J. Correspondence from the Interim State Director of Special Education
RE: Adults in County Jails Catherine Conrado reviewed a letter from state director in regards to student’s aged 18-22 with IEPs. In summary, the responsible LEA (where the student’s parents reside) will need to assist and provide services for the adult incarcerated student. It is not necessary to send district personnel to the student; however, the responsible LEA will need to pay for such services.
K. Behavior Intervention Plan Forms
Suzy Tribbey presented on the two available Behavior Intervention Plan (BIP) forms. Currently, our SELPA uses a form developed by Sonoma County behavior specialists. This can present a problem when students move in and out of our county. Also, by using the current form, BIPs can be easily lost if they are not attached to the student’s IEP. It was proposed that we change from using the Sonoma County developed BIP to the form integrated into SEIS. Cathy Myhers made the motion to use the SEIS BIP form, which was seconded by Nikarre Redcoff. This action passed with the approval of eight (8) ‘aye’ votes and one (1) abstention from Mary Ann Carpenter on the condition that training for the SEIS form will be made available as well as the development of a “snapshot” reference form for general education staff.
L. Program Specialist Updates
a. CANS grant update: Suzy Tribbey reported that this grant will not be continued next school year. John Kolhoven will no longer be contracted through the SELPA via this grant.
b. NPS Consultation Group: Suzy Tribbey presented additional question for clarification. Three meetings will be scheduled for next school year at the next steering meeting. Districts will be asked to volunteer staff to participate in this group. Other members of this group could include SCOE school psychologists and administrators, SELPA staff, and possibly community agencies.
c. Supporting English Learners with Disabilities Symposium May 3rd at CDE in Sacramento from 8:30am-4pm. Contact Sharen Bertrando for more information.
Page 6 of 74
VII. Items for Next Meeting There were no items for next meeting suggested.
VIII. ADJOURNMENT Catherine Conrado adjourned the meeting at 11:25 a.m.
Page 7 of 74
Seneca Family of Agencies is thrilled to announce the opening of our newest Non-‐Public School, Hillside High School!!
Hillside High School, projected to open in the Fall of 2016, is located at 365 Kuck Lane in Petaluma, CA. The goal of Hillside High School is to provide a high quality educational and therapeutic opportunity to students with intensive mental health needs, and the necessary skills to transition successfully into a less restrictive setting. Our school will serve students in grades 9th-‐12th referred to us from local school districts in Sonoma and Marin Counties due to their academic, behavioral, and emotional struggles in mainstream settings or when stepping down from residential programs. Typically, students accepted into our program qualify for special education services under the category of Emotional Disturbance, however, students may additionally qualify under the categories of Mild/Moderate ID, OHI, and SLD. Our small school community has a capacity of 24 students, with class sizes between 8-‐10 students. We will offer an individualized academic program with coursework that meets local high school graduation requirements, including elective courses, physical education, and opportunities for fieldtrips and extracurricular activities. Course content will be delivered through multiple learning modalities, including project-‐based learning and online courses. We will participate in the WASC process, and intend to serve students on a diploma track. Through rigorous, individualized education, intensive therapeutic learning environment and milieu, and a positive behavioral support system, we aim to create a safe learning environment for students to grow and thrive. Our team strives to work collaboratively with families and district partners to engage students in the learning process and help them to develop skills needed to successfully transition back into a mainstream setting and achieve their high school diploma and/or further career goals. Students attending Hillside High School will have access to a continuum of comprehensive services tailed to each individual’s transition plan. Our mental health-‐focused academic program is designed to offer students one hour of Individual Therapy weekly, at least two hours of Counseling and Guidance/group therapy weekly, at least one hour of family therapy weekly, and behavioral intervention. In addition, based on an individual’s IEP, students can receive Speech and Language Services, Psychological Services, and Case Management services. Integral to our philosophy of helping students and families through struggling times, we can also provide community based services through our collaboration with Seneca’s NPA program. Under this unique service delivery model, students can receive comprehensive, collaborative, and consistent service from a team of highly skilled mental health and education providers.
For further details, please contact School Director, Noelle Anderson, at 707.480.1357 or [email protected]
Page 8 of 74
RTC/NPS Advisory Group Meeting Dates 2016-‐17
Fall
Monday, September 19, 2016 _______________________________________________________ _______________________________________________________ _______________________________________________________
Friday, October 7, 2016 ________________________________________________________ ________________________________________________________ ________________________________________________________
Thursday, November 3, 2016 ________________________________________________________ ________________________________________________________ ________________________________________________________
Meetings will be held at: 9:00 a.m.
SELPA Conference Room Sonoma County Office of Education
*Future dates will be determined after these three sessions.
Page 9 of 74
Page 10 of 74
Page 11 of 74
CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction
California Assessment of Student Performance and Progress and the California Alternate Assessments
Special Education Local Plan Area Directors May 5, 2016
Don Killmer, Administrator I
Terry DeBoer, Consultant Assessment Development Office
TOM TORLAKSON State Superintendent of Public
Instruction
2
What Have We Been Up To?
Total number of students who started the CAA: SSC: 13,468 of 35,488 ELA: 8,790 of 35,471 Math: 8,083 of 35,467
Total number of students who completed the CAA: SSC: 13,379 of 35,488 ELA: 8,277 of 35,471 Math: 7,790 of 35,467
Total number of LEAs that have completed the CAA: 492 of 788
Page 12 of 74
TOM TORLAKSON State Superintendent of Public
Instruction
New CAA Web Page http://www.cde.ca.gov/ta/tg/ca/altassessment.asp
3
TOM TORLAKSON State Superintendent of Public
Instruction
May 2016 State Board of Education Meeting
Agenda Items
4
Page 13 of 74
TOM TORLAKSON State Superintendent of Public
Instruction
Mechanisms for Conveying Meaning of the CAA Results
• January 2016 General performance level descriptors – short policy descriptors or labels that convey the degree of student achievement in a given achievement level.
• May 2016 Performance level descriptors – descriptors of what students at each achievement level know and can do by grade and content area.
• Fall 2016 Threshold scores – scores on an assessment that separate one level of achievement from another.
5
TOM TORLAKSON State Superintendent of Public
Instruction
Example of the PLDs
6
Page 14 of 74
TOM TORLAKSON State Superintendent of Public
Instruction
CAASPP CAA Student Score Report (SSR)
7
TOM TORLAKSON State Superintendent of Public
Instruction
CAASPP CAA SSR (cont.)
8
Page 15 of 74
TOM TORLAKSON State Superintendent of Public
Instruction
CAASPP CAA SSR Sample Grade 5 (cont.)
9
TOM TORLAKSON State Superintendent of Public
Instruction CA NGSS Alternate Assessment Core Content Connectors
(Connectors)
10
Page 16 of 74
TOM TORLAKSON State Superintendent of Public
Instruction
What are Connectors?
• “Are defined content bridges” (National Center and State Collaborative [NCSC], 2015) between the CA NGSS and the estimated progressions of learning that are captured in the K-12 grade-level science curriculum.
• Represent the grade-level content that is most critical to address for students with significant cognitive disabilities to enable students’ progression across grades.
• Retain the connection with the grade-level PE
• More complex PEs can be broken down into smaller segments to help clarify targets for instruction.
11
TOM TORLAKSON State Superintendent of Public
Instruction
What are Essential Understandings?
• Are identified for each Connector.
• Define a basic, foundational key idea or concept based on the Connector that builds increasing understanding of the grade-level content.
12
Page 17 of 74
TOM TORLAKSON State Superintendent of Public
Instruction
DRAFT CA NGSS Alternate Assessment
Connectors
Life Science 1
Components of CA NGSS for the alternate assessment
Grade Five
Performance Expectation
5-LS1-1. Support an argument that plants get the materials they need for growth chiefly from air and water.
Core Content Connector
Recognize that plants acquire material for growth chiefly from air and water, not from soil.
FKSA 1 FKSA 1: Ability to match the materials most used for plant growth to air and water.
FKSA 2 FKSA 2: Ability to match the material least used for plant growth to soil.
Essential Understanding
Identify that plants cannot grow without water or air.
13
TOM TORLAKSON State Superintendent of Public
Instruction
How to Get Involved in the Development of the CA NGSS
As California moves through its transitional phase toward the implementation of the CA NGSS summative assessments (including CA NGSS alternate assessment) there are many opportunities for professional development.
Opportunities for CA educator involvement include:
• Item writing • Item review • Data review • Form review
To get involved complete the content reviewer application at http://caaspp.org/reviewers.html.
14
Page 18 of 74
TOM TORLAKSON State Superintendent of Public
Instruction
Contact Information
California Assessment of Student Performance and Progress Assessment Development Office
(916) 445-8765 [email protected]
15
Page 19 of 74
Ventura County Special Education Local Plan Area (SELPA) Mary E. Samples, Assistant Superintendent
www.venturacountyselpa.com
Adapted with permission from the Orange County Office of Education
Alternate Language Proficiency Instrument (ALPI)
2014
Contact: Joanna Della Gatta, Director, Technical Support & Transition
805-437-1560
Ventura County Comprehensive Alternate
Language Proficiency Survey for Students with
Moderate-Severe Disabilities (VCCALPS)
Page 20 of 74
This survey instrument may be used to assess language proficiency of students with disabilities characterized as moderate or severe. It is for students who, because of their disability, cannot access all or part of the CELDT, and is designed for students who participate in the CAPA. It assesses in all areas required by the California Department of Education, including listening, speaking, reading, and writing. It establishes levels in both the primary language as well as English. If unsure about which English Language Development assessment a student will best respond to, the IEP team may consider the “CELDT Participation Criteria.” Because students with moderate or severe developmental and intellectual disabilities usually have delays in the areas of general language development and cognition, it often is difficult to establish the level of English language proficiency. Therefore, an analysis of proficiency in English as compared to proficiency in the primary language becomes very informative. The information from this survey can be used to determine whether the student is considered to be an “English Learner” or a student with disabilities in language and cognition, across languages. Students who are considered to be ELs will receive targeted instruction in English Language Development (ELD), including vocabulary, syntax, morphology, and pragmatics unique to the English language. Students who are considered to be delayed in any language will receive targeted instruction in general development of language and communication. Students who are ELs will have an identified ELD goal in the IEP. In addition, all other goals must be linguistically appropriate, which means that they are at the appropriate EL level, with special consideration given to the language in which the goal is taught (English or primary language). For our students with moderate-severe disabilities, this may mean that they will be taught to make simple requests or express needs first in the primary language, or, that instructions for functional skill activities are given in both English as well as the primary language, (or primary language only). The VCCALPS can also be used to assist in reclassifying a student to Fully English Proficient (RFEP) who has formerly been considered an EL. For students who perform at low levels in both English and the primary language, the IEP team may recommend to the district English Language Development department that the low proficiency level in English is due to the disability. Although the IEP team may make the recommendation, the final decision about reclassification lies with the ELD Department, with input from parent(s). For two years following reclassification, students will continue to receive support and monitoring of their English language development.
Introduction/Purpose
Page 21 of 74
Student Name:_______________________ DOB:______ Date: _____________ School: ___________________ Grade: ____
Worksheet CELDT Participation Criteria for Alternate Assessment
Alternate assessments provide an alternate means to measure the English language proficiency of students with disabilities whose individualized education program (IEP) teams have determined that they are unable to participate in the CELDT even with variations, accommodations, and/or modifications. In order to aid an IEP team in its determination of whether a student should use alternate assessments, the following may be considered: Circle “Agree” or “Disagree” for each item: Agree Disagree The student requires extensive instruction in multiple settings to acquire, maintain, and generalize skills necessary for application in school, work, home, and community environment. Agree Disagree The student demonstrates academic/cognitive ability and adaptive behavior that require substantial adjustments to the general curriculum. The student may participate in many of the same activities as their non-disabled peers; however, their learning objectives and expected outcomes focus on the functional applications of the general curriculum. Agree Disagree The student cannot address the performance level assessed in the CELDT, even with accommodations or modifications. Agree Disagree The decision to participate in the alternate assessment is not based on the amount of time the student is receiving special education services. Agree Disagree The decision to participate in the alternate assessment is not based on excessive or extended absences. Agree Disagree The decision to participate in the alternate assessment is not based on language, cultural, or economic difference. Agree Disagree The decision to participate in the alternate assessment is not based on the deafness/blindness, visual, auditory, and/or motor disabilities. Agree Disagree The decision to participate in the alternate assessment is not primarily based on a specific categorical label. Agree Disagree The decision for alternate assessment is an IEP team decision, rather than an administrative decision. If the answer to any of the statements is “Disagree,” the team should consider including the student in the CELDT with the use of any necessary accommodations or modifications. IEP Team Decision: _____________________________________________ is eligible for participating in the CELDT. IEP Team Decision: _____________________________________________ is not eligible for participating in the CELDT.
Page 22 of 74
This instrument should be used in a similar manner as the CELDT, and must be used for all students with a language other than English in questions #1-#3 on the Home Language Survey. (Question #4 is discretionary for the districts). WHEN: For all students entering school, the assessment should be administered within the first 30 days of enrollment. It should be readministered annually during the testing window for CELDT. HOW/WHO: The listening, reading and writing portions of the assessment are to be administered in multiple sessions in short lengths of time as tolerated by the student. Because there is a great deal of overlap in the content of the items in English and primary language, it is suggested that those sections be administered in random order, with at least an hour between sessions. They should be administered by classroom staff who know the student well, to assure maximum performance. The speaking session should be completed by those who know the student well, at minimum the teacher and primary caregiver. Some sections require that directions and/or prompts be given in the primary language, so a person who is fluent in that language is required. The assessor is advised to use the least intrusive prompting or adaptations necessary to obtain a response from the student. If he/she is capable of pointing, speaking, etc, they should be required to do so. If not, eye gaze, head nod, or indicating yes/no to adult model will suffice. For each section, jot down the items or words the student correctly responds to or performs. Circle the number which best correlates with performance, place in points column and total the number of points per page. Record totals from each page on the Summary Sheet, which will indicate levels in each area to be used for decision making and planning. Note: In 2016, the EL levels will be changing in the English Language Proficiency Assessment for California (ELPAC) which will be replacing the CELDT.
Instructions
Page 23 of 74
Listening – Primary Language
VCCALPS
Listening: Provide oral requests in primary language only. Describe responses on lines provided, then circle the score which best applies and record in points column. It is permissible to score items based on extensive observation in classroom settings, in addition to responses in the testing situation. In response to the primary language, the student: Points 1. Turns head when called (describe):
Never 0-1/5 times Rarely 2/5 Times (2 pts) Occasionally 3/5 Times (3 pts.) [0-5] Often 4/5 Times (4 pts) Frequently 5/5 Times (5 pts.)
2. Identifies body parts by pointing, eye gaze or indicating yes/no to adult model. (May use pictures or have student point to self.) (list):
0 1 (1 pt.) 2 (2 pts.) 3 (3 pts.) 4 (4 pts.) 5+ (5 pts.) [0-5]
3. Identifies family members/familiar people, by pointing, eye gaze or indicating yes/no to adult model. (May use people or pictures.) (list):
0 1 (1 pt.) 2-3 (2 pts.) 4-5 (3 pts.) 6-7 (4 pts.) 8+ (5 pts.) [0-5]
4. Identifies foods/food items by pointing, eye gaze or indicating yes/no to adult model (list):
0 1 (1 pt.) 2-3 (2 pts.) 4-5 (3 pts.) 6-7 (4 pts.) 8+ (5 pts.) [0-5]
5. Responds to commands (record highest level obtained):
1 part command with light physical prompt (1 pt.) 1 part with visual prompt (2 pts.) [0-5] 1 part, no visual (3 pts.) 2 part, visual (4 pts.) 2 part, no visual. (5 pts.)
Total Listening Points (Primary) [0-25]
Listening/Primary Language Page 24 of 74
Listening – English
VCCALPS
Listening: Provide oral requests in English only. Describe responses on lines provided, then circle the score which best applies and record in points column. It is permissible to score items based on extensive observation in classroom settings, in addition to responses in the testing situation. In response to English, the student: Points 1. Turns head when called (describe):
Never 0-1/5 times Rarely 2/5 Times (2 pts) Occasionally 3/5 Times (3 pts.) [0-5] Often 4/5 Times (4 pts) Frequently 5/5 Times (5 pts.)
2. Identifies body parts by pointing, eye gaze or indicating yes/no to adult model (May use pictures or have student point to self.) (list):
0 1 (1 pt.) 2 (2 pts.) 3 (3 pts.) 4 (4 pts.) 5+ (5 pts.) [0-5]
3. Identifies family members/familiar people by pointing, eye gaze or indicating yes/no to adult model. (May use people or pictures.) (list):
0 1 (1 pt.) 2-3 (2 pts.) 4-5 (3 pts.) 6-7 (4 pts.) 8+ (5 pts.) [0-5]
4. Identifies foods/food items by pointing, eye gaze or indicating yes/no to adult model (list):
0 1 (1 pt.) 2-3 (2 pts.) 4-5 (3 pts.) 6-7 (4 pts.) 8+ (5 pts.) [0-5]
5. Responds to commands (record highest level obtained):
1 part command with light physical prompt (1 pt.) 1 part with visual prompt (2 pts.) [0-5] 1 part, no visual (3 pts.) 2 part, visual (4 pts.) 2 part, no visual. (5 pts.)
Total Listening Points (English) [0-25]
Listening/English Page 25 of 74
Speaking – Primary Language
VCCALPS
Speaking: Use input from people who know the student (parents, siblings, teachers). Describe on lines provided, then circle the score which best applies and record in the points column. In the primary language: Points 1. Student indicates toileting needs (describe):
Not at all (0pts) Gestures (1 pt) Vocalizations (2pts) Word (primary language)(3 pts) [0-5] Phrase (primary language)(4 pts) Sentence (primary language)(5pts)
2. Student indicates need for assistance (i.e., more of an item, physical help, negations, etc.)(describe): Not at all (0pts) Gestures (1 pt) Vocalizations (2pts) Word (primary language)(3 pts) [0-5] Phrase (primary language)(4 pts) Sentence (primary language)(5pts)
3. Student uses words in primary language (list):
0 1-5(1 pt.) 6-10(2 pts.) 11-15(3 pts.) 16-20(4 pts.) 21+(5 pts.) [0-5]
4. Student uses phrases in primary language (may not be semantically correct) (list):
0 2 word phrase (2 pt.) 3 word phrase (3 pts.) 4 word phrase (4 pts.) [0-5] 5 word phrase or more (5 pts.)
5. Student uses complete sentences in primary language (may not be semantically correct) (list):
0 1 sentence (1 pt.) 2 sentences (2 pts.) 3 sentences (3 pts.) [0-5] 4 sentences (4 pts.) 5 sentences or more (5 pts.)
NOTE: If student uses an augmentative communication system, records words or phrases used in the primary language (if any). Total Speaking Points (Primary) [0-25]
Speaking/Primary Language Page 26 of 74
Speaking – English
VCCALPS
Speaking: Use input from people who know the student (parents, siblings, teachers). ). Describe on lines provided, then circle the score which best applies and record in the points column. In English: Points 1. Student indicates toileting needs (describe):
Not at all (0 pts) Gestures (1 pt) Vocalizations (2pts) Word (English)(3 pts) [0-5] Phrase (English)(4 pts) Sentence (English)(5pts)
2. Student indicates need for assistance (i.e., more of an item, physical help, negations, etc.)(describe): Not at all (0pts) Gestures (1 pt) Vocalizations (2pts) Word (English)(3 pts) [0-5] Phrase (English)(4 pts) Sentence (English)(5pts)
3. Student uses words in English (list):
0 1-5(1 pt.) 6-10(2 pts.) 11-15(3 pts.) 16-20(4 pts.) 21+(5 pts.) [0-5]
4. Student uses phrases in English (may not be semantically correct)(list):
0 2 word phrase (2 pt.) 3 word phrase (3 pts.) 4 word phrase (4 pts.) [0-5] 5 word phrase or more (5 pts.)
5. Student uses complete sentences in English (list): 0 1 sentence (1 pt.) 2 sentences (2 pts.) 3 sentences (3 pts.) [0-5] 4 sentences (4 pts.) 5 sentences or more (5 pts.)
NOTE: If student uses an augmentative communication system, records words or phrases used in English (if any). Total Speaking Points (English) [0-25]
Speaking/English
Page 27 of 74
Reading – Primary Language
VCCALPS
Reading: Present student with text in primary language. Present directions in both English and primary language. Describe responses on lines provided, then circle the score which best applies and record in the points column. It is permissible to score items based on extensive observation in classroom settings, in addition to responses in the testing situation. 1. Matches letter or character when presented with choice of two in primary
language (pointing, eye gaze, or indicating yes/no to adult model). Present at least 10 trials (list): 0 2 correct (1 pt.) 4 correct (2 pts.) 6 correct (3pts) 8 correct (4pts) 10 correct (5 pts.) [0-5]
2. Indicates sounds of letters/meaning of characters in primary alphabet (making sound or indicating yes/no to adult model) (ie, “What sound does this make?”) (list):
0 1-5(1 pt.) 6-10(2 pts.) 11-15(3 pts.) 16-20(4 pts.) 21-25(5 pts.) [0-5]
3. Matches word from primary language when presented with choice of two to
match with. Present at least 5 trials of different words (matching, pointing, or eye gaze) (ie, “Which word is the same?”) (list): 0 1correct (1pt) 2 correct(2pts) 3 correct (3 pts.) 4 correct (4 pts.) 5 correct (5 pts) [0-5]
4. When presented with two words in primary language indicates correct choice when read aloud (pointing or eye gaze). Present at least 5 trials (list):
0 1 correct (1 pt.) 2 correct (2 pts.) 3 correct (3 pts.) 4 correct (4 pts.) 5 correct (5 pts.) [0-5]
5. Reads site words in primary language (list):
0 1-5(1 pt.) 6-10(2 pts.) 11-15(3 pts.) 16-20(4 pts.) 21-25(5 pts.) [0-5]
Total Reading Points (Primary) [0-25]
Reading/Primary Language Page 28 of 74
Reading – English
VCCALPS
Reading: Present all text in English. Present directions in both English and primary language. Describe responses on lines provided, then circle the score which best applies and record in the points column. It is permissible to score items based on extensive observation in classroom settings, in addition to responses in the testing situation. 1. Matches letter or character when presented with choice of two in English
(pointing, eye gaze, or indicating yes/no to adult model). Present at least 10 trials (list): 0 2 correct (1 pt.) 4 correct (2 pts.) 6 correct (3pts) 8 correct (4pts) 10 correct (5 pts.) [0-5]
2. Indicates sounds of letters/meaning of characters in English alphabet (making sound or indicating yes/no to adult model) (ie, “What sound does this make?”) (list):
0 1-5(1 pt.) 6-10(2 pts.) 11-15(3 pts.) 16-20(4 pts.) 21-25(5 pts.) [0-5]
3. Matches word from English when presented with choice of two to match with.
Present at least 5 trials of different words (matching, pointing, or eye gaze) (ie, Which word is the same?”) (list): 0 1 correct (1 pt.) 2 correct (2 pts.) 3 correct (3 pts.) 4 correct (4 pts.) 5 correct (5 pts.) [0-5]
4. When presented with two words in English indicates correct choice when read aloud (pointing or eye gaze). Present at least 5 trials (list):
0 1 correct (1 pt.) 2 correct (2 pts.) 3 correct (3 pts.) 4 correct (4 pts.) 5 correct (5 pts.) [0-5]
5. Reads site words in English (list):
0 1-5(1 pt.) 6-10(2 pts.) 11-15(3 pts.) 16-20(4 pts.) 21-25(5 pts.) [0-5]
Total Reading Points (English) [0-25]
Reading/English Page 29 of 74
Writing – Primary Language
VCCALPS
Writing: Present student with directions in primary language and English. Describe responses on lines provided, then circle the score which best applies and record in the points column. It is permissible to score items based on extensive observation in classroom settings, in addition to responses in the testing situation.
1. Traces letters/characters in primary language (present at least ten - include any letters unique to primary language) (list): (Record most common prompt level) [0-5] Hand over hand-all letters (0pts) Hand over hand 5 or more letters (1pt) Hand over hand 4 or less letters (2pts) Intermittent physical prompts, all letters (3pts) Verbal Prompts (4pts) Independent (5pts)
2. Copies/types letters/characters minimally legibly in primary language when presented with model (present at least ten) (list):
(Record most common prompt level) [0-5] Hand over hand-all letters (0pts) Hand over hand 5 or more letters (1pt) Hand over hand 4 or less letters (2pts) Intermittent physical prompts, all letters (3pts) Verbal Prompts (4pts) Independent (5pts)
3. Prints letters from model minimally legibly when shown briefly and then removed (list):
(Record most common prompt level) [0-5] Hand over hand-all letters (0pts) Hand over hand 5 or more letters (1pt) Hand over hand 4 or less letters (2pts) Intermittent physical prompts, all letters (3pts) Verbal Prompts (4pts) Independent (5pts)
4. Prints/types/stamps alphabet letters/characters in primary language when read aloud (list):
0 1-5(1 pt.) 6-10(2 pts.) 11-15(3 pts.) 16-20(4 pts.) 21-25(5 pts.) [0-5]
5. Writes/types words in primary language (either words read aloud or word
he/she chooses) (list): 0 1-5(1 pt.) 6-10(2 pts.) 11-15(3 pts.) 16-20(4 pts.) 21-25(5 pts.) [0-5]
Total Writing Points (Primary) [0-25]
Writing /Primary Language Page 30 of 74
Writing – English
VCCALPS
Writing: Present student with directions in both primary language and English. Describe responses on lines provided, then circle the score which best applies and record in the points column. It is permissible to score items based on extensive observation in classroom settings, in addition to responses in the testing situation. 1. Traces letters/characters in English (present at least ten) (list):
(Record most common prompt level) [0-5] Hand over hand-all letters (0pts) Hand over hand 5 or more letters (1pt) Hand over hand 4 or less letters (2pts) Intermittent physical prompts, all letters (3pts) Verbal Prompts (4pts) Independent (5pts)
2. Copies/types letters/characters minimally legibly in English when presented with model (present at least ten) (list): (Record most common prompt level) [0-5] Hand over hand-all letters (0pts) Hand over hand 5 or more letters (1pt) Hand over hand 4 or less letters (2pts) Intermittent physical prompts, all letters (3pts) Verbal Prompts (4pts) Independent (5pts)
3. Prints letters from model minimally legibly when shown briefly and then removed (list):
(Record most common prompt level) [0-5] Hand over hand-all letters (0pts) Hand over hand 5 or more letters (1pt) Hand over hand 4 or less letters (2pts) Intermittent physical prompts, all letters (3pts) Verbal Prompts (4pts) Independent (5pts)
4. Prints/types/stamps alphabet letters/characters in English language when read aloud (list): 0 1-5(1 pt.) 6-10(2 pts.) 11-15(3 pts.) 16-20(4 pts.) 21-25(5 pts.) [0-5]
5. Writes/types words in English (either words read aloud or word
he/she chooses) (list): 0 1-5(1 pt.) 6-10(2 pts.) 11-15(3 pts.) 16-20(4 pts.) 21-25(5 pts.) [0-5]
Total Writing Points (Primary) [0-25]
Writing/English Page 31 of 74
Summary Sheet
Ventura County Comprehensive Alternate Language Proficiency Survey for Students with Moderate/Severe Disabilities (VCCALPS)
Student Name District School
Administrator DOB Disability
Language (other than English) on Home Language Survey (Primary Language)
Listening 25 possible Primary Score Level English Score Level
Levels for each area: 0-6 – Basic (B) 7-12 – Early Intermediate (EI) 13-17 – Intermediate (I) 18-22 – Early Advanced (EA) 23-25 – Advanced (A)
Speaking 25 possible Primary Score Level English Score Level
Reading 25 possible Primary Score Level English Score Level
Writing 25 possible Primary Score Level English Score Level
Overall Level Primary Language __________ Overall Level English ____________
Overall Levels: 0-24 – Basic (B) 25-48 Early Intermediate (EI) 49-68 – Intermediate (I) 69-88 – Early Advanced (EA) 89-100 – Advanced (A)
VCCALPS Administrator Signature Date
Page 32 of 74
Failing Grade:How California’s School Districts Have Abandoned Children with Disabilities
[ A P R I L 2 0 1 6 ]
Page 33 of 74
Acknowledgements
Contributions
Dean Conklin, Learning Rights Law Center
Antionette Dozier, Western Center on Law & Poverty
Michael Herald, Western Center on Law & Poverty
Jim Preis, Mental Health Advocacy Services, Inc.
Nancy Shea, Mental Health Advocacy Services, Inc.
Mona Tawatao, Western Center on Law & Poverty
Special Thanks
Ira Burnim, Bazelon Center on Mental Health
Walter S. Johnson Foundation
The parents, special education advocates, mental health providers
and school administrators who graciously took the time to share
their thoughts and experiences
Manatt, Phelps & Phillips, LLP
Lenard Weiss, John Libby, Emil Petrossian, Brandon Reilly,
David Kim, Molly Wyler and Claudia Norris
Page 34 of 74
Failing Grade | i
Table of Contents
Introduction and Summary ....................................................................................................................1
Summary Conclusions and Recommendations..................................................................................2
Background and Methodology ..............................................................................................................3
Survey and Interview Results ................................................................................................................4
Students in need of mental health services to succeed in school are receiving
fewer services since AB 114 was enacted. .............................................................................4
Schools are not following the Child Find Requirement: Too few children are
identified and referred for services and end up in the juvenile justice system. ...............5
There is reported intersectionality between limited English proficiency and
difficulties in obtaining school-based mental health services. ...........................................7
Schools define “related services” too narrowly and thereby deprive students
in special education of the opportunity to learn and thrive. ...............................................7
When students are provided services, they are often inadequate or
the wrong services. ....................................................................................................................9
Children with challenging mental health conditions are often segregated rather
than placed in an integrated classroom setting. .................................................................11
Parents, teachers, and school personnel are often not trained on specific
behavioral interventions for students with mental illnesses. ...........................................12
Services are not provided as part of a coordinated individualized behavior
intervention plan that is designed to be implemented at school and
in the community. ....................................................................................................................13
Policy Recommendations .....................................................................................................................14
Improve and support parent participation ...........................................................................14
Parent Peer Advocacy Programs should be expanded. .......................................14
Improve Access to Services ...................................................................................................15
Page 35 of 74
Failing Grade | ii
Table of Contents (cont.)
Each LEA should develop and publish an annual “Mental Health Plan.” ..........15
As a function of the Child Find mandate, LEAs should develop protocols
to assess for special education services any student brought to the LEA’s
attention by a parent or mental health provider as needing
educationally related mental health services. .......................................................16
The CDE should require LEAs to provide a wider variety of mental
health services as mandated by federal law. .........................................................16
All LEAs should make available an array of school-based mental
health services, including crisis services. ..............................................................16
Transparency and Enforcement .............................................................................................17
The CDE should take action to hold LEAs accountable for providing
mental health services that produce positive education outcomes. .................17
The CDE should hold LEAs accountable in measuring expenditures and
outcomes of mental health services. ......................................................................17
Conclusion ...............................................................................................................................................18
Endnotes ..................................................................................................................................................19
Page 36 of 74
Failing Grade | 1
“Veronica”1 was 14 years
old when she witnessed
the murder of her twin
brother. Following this
traumatic event she
became withdrawn and
uncommunicative at school,
but she was never referred
for mental health services.
One day she became so
upset at school that she
tried to leave the school
grounds. The school
resource officer tried to
stop her and a scuffle
ensued. Rather than try
to understand what was
happening with Veronica
and whether she needed
mental health services, the
school had her arrested
and she was made a ward
of the court. Only after
being placed on probation
was Veronica referred for a
mental health assessment,
diagnosed with post-
traumatic stress disorder,
and provided mental health
services.
Introduction and SummaryVeronica’s story is just one of many reported
by California families with children in need of
mental health services at school, indicative of
an alarming trend—that many school children
who have a need for mental health services to
benefit from their education are going without
and, as a result, ending up in the juvenile
justice system. These stories have been
particularly prevalent since the obligation to
provide mental health services to students in
special education was transferred from county
mental health agencies back to local education
agencies (LEAs) five years ago. For the
previous 25 years, special education students
in California received educationally related
mental health services through an interagency
partnership between school districts and
county mental health agencies. In a dramatic
shift in 2011, the state enacted Assembly
Bill (AB) 114 eliminating the state-mandated
partnerships, charging the LEA with the sole
responsibility of providing all educationally
related mental health services needed by
students in special education. Accompanying
this transfer of responsibility was an annual
state budget allocation of over $400,000,000
earmarked for mental health services for
students in special education.2 This amount
was significantly more than the mental health
allocation under the prior system.3
Based on reports from families about their
difficulty in obtaining needed mental health
Page 37 of 74
Failing Grade | 2
Summary Conclusions and RecommendationsThe major conclusions of this report are:
� Many LEAs are not complying with their
legal obligations to identify children in
need of school-based services, teach
and provide necessary school-based
mental health services and supports in
integrated settings, and to provide intensive
behavioral support services that meet each
child’s individualized, unique needs.
� Many children in need of school-based
mental health services are not getting
services or getting too few services,
resulting in school discipline or juvenile
arrests.
� Since the enactment of AB 114, there have
been fewer students receiving mental
health services in their Individual Education
Program (IEP) and fewer types of mental
health services available for students with
emotional or behavioral problems.
� Too many children who have severe mental
health conditions are learning and receiving
services in segregated settings, instead of
in classrooms with their peers.
This report recommends:
� That LEAs take immediate action to comply
with the law by (1) identifying children
in need of services, particularly before
services from LEAs, advocates for families
grew increasingly concerned. This concern
was shared by the legislature, leading Senator
Beall, Chair of the Senate Select Committee
on Mental Health, to request a state audit of
how services for students in special education
were affected by AB 114. The request focused
particularly on outcomes and accountability
for how state funds were spent.4 The final
state audit report, issued in January 2016,
confirmed the suspicions of concerned
parents, advocates and public officials. The
audit reports that there may be as many as
580,000 children who are not getting needed
school-based mental health services, and that
the California Department of Education (CDE),
the state entity responsible for AB 114 funds, is
tracking neither expenditures nor outcomes.5
Consequently there is simply too little data
for auditors to determine whether the LEAs
are meeting their responsibility to provide
necessary mental health services to school
children in special education.
Meanwhile, several advocacy organizations
whose focus includes children’s mental
health and education issues, led by Western
Center on Law and Poverty, Mental Health
Advocacy Services, and Learning Rights Law
Center,6 launched their own investigation
into the status of mental health services in
schools. Sadly, this group’s findings paint
a darker picture than the state audit, and
reveal that many LEAs are not meeting their
responsibilities to provide mental health
services to children in school, and that
California’s children are suffering as a result.
Page 38 of 74
Failing Grade | 3
Background and MethodologyIn order to capture what was happening
around the state regarding the provision of
educationally related mental health services,
Western Center on Law and Poverty, Mental
Health Advocacy Services and Learning Rights
Law Center conducted written surveys and
key stakeholder interviews of parents, school
administrators, mental health providers and
special education advocates soliciting their
experiences with obtaining mental health
services as part of an IEP. We received
responses from school administrators
representing 15 school districts, special
education advocates representing more than
900 children and youth each year, mental
health providers serving children and youth
in 20 counties, and over 70 parents. The data
from the surveys were analyzed by Lois A.
Weinberg, Ph.D., Professor, California State
University Los Angeles and Jenny Chow,
M.A., Gina Cobin, M.A., Paul Luelmo, M.A.,
and Bryan Thornton, M.A., doctoral students
in the Joint Doctoral Program in Special
Education between California State University
Los Angeles and University of California Los
Angeles. This information was compiled and is
the basis of the preliminary findings below.7
taking disciplinary actions or engaging
law enforcement, and (2) providing
robust behavioral support services, like
Wraparound and Intensive Home Based
Services (IHBS), to meet children’s needs
during general class time.
� Expanding state funding for parent-peer-
advocacy programs to support parents and
families seeking services through the IEP
process.
� That each LEA develop and publish
an annual “Mental Health Plan,” in
consultation with stakeholders, which
describes in detail the full array of mental
health services available in school,
including specific behavioral support and
evidenced-based services, commitments
and plans for coordinating community-
based and school-based mental health
services, and training parents and school
personnel to engage in individualized
treatment plans, and the process and
procedures for obtaining such services.
� The legislature should require the CDE
to report annually on the outcomes for
students receiving mental health services,
develop a mechanism for tracking and
reporting expenditures related to mental
health services, and monitor the provision
of services.
Page 39 of 74
Failing Grade | 4
Survey and Interview ResultsStudents in need of mental health
services to succeed in school are
receiving fewer services since AB 114
was enacted.
The overall picture painted by survey and
interview respondents is that there are fewer
students receiving mental health services as
part of an IEP and fewer types of mental health
services available for students with emotional
or behavioral problems. Moreover, students
who are receiving services at school receive
them less often and are less likely to receive
services in their general education classroom
where they are needed the most and likely to
have the greatest impact. Parents of children
with severe emotional and behavior conditions
were asked about what services, if any,
their children were receiving at school. The
following chart shows their responses.
Behind the Numbers
“Educationally Related Mental Health
Services are incredibly inconsistent
across school districts and LEAs. You
can have a great [service array] in one
area and lack quality services in another.
This lack of consistency is problematic.”
—Special Education Advocate
Page 40 of 74
Failing Grade | 5
Mental health providers and special education
advocates provided similar feedback. They
also indicated that foster youth and children
in the juvenile justice system are particularly
impacted by the changes brought about by
AB 114. They often face the same problems
in obtaining mental health services at school
as other students. In particular, foster youth
are equally likely to face delays in obtaining
school-based services and difficulty in
obtaining services that are individualized and
of sufficient intensity to meet their needs.
Foster youth are also unlikely to see their
community-based providers coordinate and
align services and intervention goals with
school-based providers. For these children,
these failures often have particularly negative
outcomes, including arrests and incarceration
for school-based behavior that is directly
linked to mental disabilities.8
Schools are not following the Child
Find Requirement: Too few children are
identified and referred for services and
end up in the juvenile justice system.
According to the state audit, there are an
estimated 700,000 California children with
serious emotional disturbances but only
120,000 receiving mental health services as
part of an individualized education plan.9 Fifty
percent of parents responding to our survey
reported that their children with emotional
or behavioral disorders were not receiving
mental health services as part of an IEP.
Survey respondents and key stakeholder
interviews also revealed that many LEAs are
Page 41 of 74
Failing Grade | 6
particularly unresponsive to direct requests to
provide special education services to children
with emotional and behavior problems.
They also reported that school personnel
may be aware that children are receiving
community-based and home-based mental
health services or are exhibiting symptoms
indicative of a mental health condition in the
classroom, but often do not refer the children
for a special education evaluation because
teachers and other school personnel do not
see a connection to mental health needs, and
mislabel the behavior as “bad behavior” or
criminal conduct.
The Individuals with Disabilities Education Act
(IDEA) includes the Child Find mandate which
requires all school districts to identify, locate
and evaluate all children with disabilities,
regardless of the severity of their disabilities.
This obligation to identify all children who may
need special education services exists even if
the school is not providing special education
services to the child.10
This failure to identify mental health needs
often results in harsh school discipline such as
suspensions, expulsions or arrests.11 Ironically,
it is often not until a child is arrested, and
convicted, for school-based behavior, that they
are assessed and referred to mental health
services.12 There may be several causes for
this type of inaction. AB 114 realigned the
fiscal incentives for identifying students in
need of educationally related mental health
services. Since the enactment of AB 114, all
mental health services are paid out of the
Behind the Numbers
Michael is a 9-year-old, male student
with social phobia and anxiety disorders,
which included symptoms that made
leaving his room a serious obstacle.
Michael’s mother informed the school
numerous times about his condition,
and made multiple requests for a special
education assessment. The district
replied that they could not assess the
student because he could not attend
school, essentially using the child’s
mental health condition against him as
an excuse for their inaction to address it.
Page 42 of 74
Failing Grade | 7
their child needed to thrive at school made
navigating the system extremely difficult.
LEAs and school districts must be held to their
obligation to provide appropriate language
access assistance to parents with limited
English proficiency so as to facilitate, rather
than erect additional barriers to such parents’
participation in IEPs and related actions
affecting their child’s school-based mental
health service needs.13
Schools define “related services” too
narrowly and thereby deprive students
in special education of the opportunity
to learn and thrive.
IDEA requires a school district to provide a
free appropriate public education (“FAPE”) to
each qualified person with a disability who
is in the school district’s jurisdiction.14 The
legal definition of FAPE, as defined by IDEA,
includes both special education and “related
services.”15 The term “related services” is
intentionally broad; IDEA lists a number of
examples, including psychological services,
social work services, and counseling services,
“as may be required to assist a child with a
disability to benefit from special education.”16
The broad definition of related services
naturally correlates with the broad definition
of education performance, which includes
consideration of a student’s “academic,
social, health, emotional, communicative,
physical, and vocational needs.”17 Despite
an intentionally broad definition of related
services to support an intentionally broad
definition of educational performance, many
school districts’ general fund. This has led
mental health providers to report that school
personnel have discouraged them from
recommending that families apply for special
education services.
The survey responses clearly indicate that
the schools are not following the Child Find
obligation. As a consequence, LEAs and the
CDE should take action to require districts to
perform an independent evaluation of each
student’s eligibility for special education,
and secure an assessment of mental health
service needs whenever certain “triggering”
events occur, such as a student’s involvement
in a certain number of disciplinary incidents,
reaching a certain number of suspensions, or
when the school is contemplating contacting
police due to behavior.
There is reported intersectionality
between limited English proficiency
and difficulties in obtaining school-
based mental health services.
A common complaint made by survey and
interview respondents was that schools were
disrespectful to both the parent advocates and
the parents of students with mental health
service needs, especially for parents with
limited English proficiency. At least one legal
advocate reported that school dysfunction
coupled with lack of language access posed a
significant barrier to obtaining educationally
related mental health services. One parent
advocate stated that she could take the poor
treatment, but for parents, being mistreated
when simply trying to obtain the services that
Page 43 of 74
Failing Grade | 8
bleak. Students are left without the resources
that federal law clearly intended them to have
and are forced to navigate an overwhelming
landscape without support or direction. It is
no surprise to see students underserved when
we see school districts cut holes in IDEA’s
deliberately expansive canvass.
LEAs must immediately take steps to develop
written policies and procedures to define
“related service” broadly, and to develop
a holistic review of a student’s needs. The
definition of “related service” must be clarified
so that LEAs and school districts can meet
their obligation to educate students in special
education with mental health needs on par
with their peers.
school districts have taken a remarkably
narrow view.
The school districts’ view is inconsistent with
several aspects of special education law. Child
Find is not limited to the realm of academic
performance when it comes to identifying
students who may need special education.
Federal regulations specifically include social
and emotional status, among others, as an
area of suspected disability, and educational
performance includes consideration of a
student’s academic, social, health, emotional,
communicative, physical, and vocational
needs, per the Ninth Circuit court decision in
Seattle School Dist. No. 1 v. B.S. (1996).18
Many survey respondents reported that
students need services and supports to
address behaviors stemming from mental
health conditions that impact the student’s
ability to engage in positive social peer
interactions, but that school districts do
not see such needs as part of a student’s
educational needs. The survey and interview
responses indicate that many school districts
are telling students that their mental health
and emotional well-being are not aspects of
their educational performance, or, when it
is, that the only service available to meet the
student’s unique needs is on-site counseling.
The decision to artificially extract the mental
health component from a child’s education,
or resort to a uniform service to address
varied, complex needs, reflects a myopic and
inadequate understanding of both related
services and special education. The results are
Behind the Numbers
“The kids don’t get enough, don’t get
them on time, and get them at a time
during the day that isn’t convenient, such
as during class or on a place on campus
where it’s obvious and the kids are
embarrassed.”
—Special education advocate on how
many schools deal with the need for
mental health services
Page 44 of 74
Failing Grade | 9
Anna, a 16-year-old
female student, had a
history of severe behavior
and diagnoses of Major
Depressive Disorder and
Bipolar Disorder. She had
been placed in an out-of-
state residential treatment
center. When Anna came
home, the school district
offered virtually no step-
down services. She went
from 24-hour care at the
residential treatment center
to just 60 minutes a week
of in-school counseling
upon returning home.
Legal intervention was
required to halt the
regression experienced
by the student as a
result of the steep drop-
off in services and clear
systematic breakdown.
Anna is now attending
school with one-on-one
services.
When students are provided services,
they are often inadequate or the wrong
services.
Survey respondents reported that students
with challenging mental health conditions—
conditions severe enough such that counseling
or therapy is not sufficient to produce needed
behavioral changes—are receiving too few,
ineffectual, and the wrong services in school.
The services are often limited to individual
counseling services, once or twice a week.
Most reported that even when the student
received behavior support services, they were
too infrequent and were not targeted enough
to be effective.
Research shows that students with
challenging mental health conditions can
thrive in classrooms with their peers when
they receive behavioral support services,
skills training, including social skills training,
behavior coaching, mentoring services, or
other services that are designed to produce
behavior changes.19 Studies show that when
these students receive these types of services,
their school attendance and performance
improves and disciplinary actions, law
enforcement contacts, and out-of-home
placements decrease.20
Effective school-based interventions are:
� individualized, flexible, and strengths-
based;
� designed to improve behavior, social, and
communication skills;
Page 45 of 74
Failing Grade | 10
behaviors in, natural settings at the school,
and giving feedback to the student.
� Skills training, including social skills
training. A teacher, a mental health
professional, or a paraprofessional under
the professional’s supervision works with
students on skills, including identifying
and addressing skills deficits and teaching
new skills or enhancing existing skills.
Many students need such assistance with
learning social skills (behaviors the student
uses to advance social objectives), anger
management skills, self-management skills,
conflict resolution skills, study skills, and/or
decision-making skills. After learning and
rehearsing skills, perhaps as part of a small
learning group, the student should practice
skills in natural settings at the school. The
trainer should observe the student in these
settings and provide feedback.
� Mentoring activities. A paraprofessional
mentor provides training, coaching and
support to further the student’s social and
communication skills at school. Mentoring
may focus on helping the student enhance
interpersonal communication, problem
solving, and conflict resolution, and relating
appropriately to other students or school
staff. The mentor engages in structured
activities to advance the goals in the
student’s school-based intervention plan.
� Periodic check-ins. The student checks
in, at the beginning of school, during the
day, and/or at the end of school, with an
adult at the school with whom the student
� provided in sufficient quantity, intensity,
and duration to prevent placement outside
a general education setting; and
� designed to be implemented in the settings
where the student naturally spends time,
including the general education classroom,
the hallway, the playground, the cafeteria,
during extracurricular activities, and for
older students, activities that support the
transition to postsecondary education or
work.21
Specific Common School-based Interventions
that are effective:22
� Individualized positive behavior supports.
School staff use what they have learned
about the student’s strengths and interests
to develop a set of individualized rewards
for the student for exhibiting appropriate
behavior. Such rewards may include
consistently delivered public praise, the
ability to earn points toward a specific
reward, or “dollars” to spend in the school’s
store on items the student chooses or
a special lunch or outing with a favorite
classmate or teacher.
� Behavior coaching. A mental health
professional, or a paraprofessional under
that professional’s supervision, helps the
student develop replacement behaviors for
behaviors that interfere with the student’s
success in achieving educational objectives.
Usually, this should include observing the
student in, and practicing replacement
Page 46 of 74
Failing Grade | 11
competitive employment helps students
improve their confidence and provides
them with an opportunity to practice
social skills outside of school. School staff,
including mentors and peers, can assist
students in identifying job opportunities
and provide feedback about successes
and challenges on the job. Other services
promoting a smooth transition to adult
life, such as preparation for postsecondary
education and teaching independent living
skills, may be helpful behavior interventions
as well.
Children with challenging mental
health conditions are often segregated
rather than placed in an integrated
classroom setting.
Children with serious mental health
conditions are often sent to community day
schools, nonpublic schools, or segregated
in classrooms or resource rooms away from
their peers in general education schools. In
these schools, families and special education
advocates surveyed indicate that students
are not afforded the same opportunity to
achieve academic success as their peers or
to participate in the extracurricular activities
with their peers. Students with disabilities
and students without disabilities must be
placed in the same setting, to the maximum
extent appropriate to the education needs
of the students with disabilities. LEAs must
place a student with a disability in the
regular education environment, unless it
is demonstrated by the recipient that the
has developed, or can develop, a positive
working relationship. The staff member can
“take the student’s temperature,” and help
the student stay focused on the student’s
academic and behavior goals for the day
while taking care that the student does
not ask to check in to avoid instruction.
Also, teachers may check in with students
periodically during classes to ensure the
student is focused on goals for the day,
including during unstructured class time.
� Evidence-based therapy. A licensed
Master’s-level therapist provides therapy to
the student to help ameliorate the student’s
mental health symptoms. The therapist
should use Cognitive Behavioral Therapy or
other evidence-based practices that meet
the student’s needs. The therapist should
investigate and address the impact of any
trauma the student may have experienced.
� Peer support. Another student who has
received or is receiving behavior services
helps develop and meet goals; serves as
an advocate, mentor, or mediator; and links
the student with peers or with school-
based activities. The peer can mentor and
facilitate in ways that are both accessible
and acceptable to the student. Peer support
can be especially helpful for students
transitioning to a new school.
� Transition services, including work
opportunities. Work opportunities
incentivize students by engaging them in
vocational areas of interest, or areas in
which they have specific skills. Achieving
Page 47 of 74
Failing Grade | 12
student’s needs cannot be met satisfactorily
with the use of supplementary aids and
services. Students with disabilities must
participate with nondisabled students in
both academic and nonacademic services,
including meals, recess, and physical
education, to the maximum extent appropriate
to their individual needs.
Studies show that students with disabilities,
including behavioral disabilities, who are
meaningfully included in general education
classes and other nonsegregated learning
environments with appropriate supports,
especially continuously from an early age,
have better academic outcomes such as better
attendance and higher math and reading
scores.23
Parents, teachers, and school personnel
are often not trained on specific
behavioral interventions for students
with mental illnesses.24
Because students are not provided
individualized strength-needs-based behavior
intervention plans, school staff is unaware of
school conditions or actions that might trigger
negative behavior, or how to promote positive
behavior. Parents, advocates and providers
report that school staff are rarely trained
to participate in a student’s individualized
behavior intervention plan, which often means
that a student’s negative behavior is attributed
to delinquency or behavioral problems rather
than their mental illness. They also report that
parents are almost never trained in how to
Page 48 of 74
Failing Grade | 13
support school-based interventions at home
or in the community.25
Training is especially effective when done
by a trusted colleague who models the
intervention, such as the instruction of the
replacement behavior or the delivery of
positive reinforcement in the classroom.
Supervisors and trainers can observe
the teacher and provide feedback about
plan implementation. The student may
need training on working with staff on
implementing the plan, including if the student
has a role in collecting behavior data. Parents
should be trained on how to implement
interventions at home that support the
school’s plan and the child’s education goals.26
Services are not provided as part of a
coordinated individualized behavior
intervention plan that is designed to
be implemented at school and in the
community.
Although often flawed, the interagency
collaboration mandate under AB 3632, the
predecessor to AB 114, linked schools with
outside agencies. The repeal of AB 3632
dismantled that system overnight with
no replacement system. Parents, special
education advocates and providers report that
in many school districts, there is now a lack
of communication and coordination between
community-based mental health providers and
school providers, which can result in school
counselors and community providers working
at cross-purposes, or a misalignment between
school- and community-based interventions.
Page 49 of 74
Failing Grade | 14
evaluation and to give a detailed rationale if
they disagree.
The IEP is supposed to serve as “the
cornerstone of a quality education for each
child with a disability,” and creating an
effective IEP, according to the U.S. Department
of Education, requires parents, teachers, other
school personnel and often the student to
“come together to look closely at the student’s
unique needs.”27 When school districts fail to
work with or even consider the assessments
of mental health providers, or to work with
parents and parent advocates, the very
purpose of an IEP is turned on its head.
Policy RecommendationsImprove and support parent
participation
Parent Peer Advocacy Programs
should be expanded.
With few exceptions, parents reported
difficulties getting appropriate mental health
services for their child. “Disrespect” was often
the word used by parents to describe their
interaction with schools when seeking mental
health services for their children, even though
by law they are equal members of the IEP
team. While respect cannot be legislated (or
litigated), there are changes in the process that
can be made to ease the problems that parents
often encounter. Expanding parent peer
advocacy programs is an important way to
address this problem. These programs would
They all reported that school-based services
are developed based on, as part of, and in
concert with, community-based intervention
plans that are designed to produce positive
behavioral changes infrequently and
inconsistently across the state.
Survey respondents working in or interfacing
with several Southern California school
districts report that their ability to advocate
effectively for mental health services for
students in special education has been
significantly hampered since the end of AB
3632. According to parent advocates, before
the end of AB 3632, they felt they had played
an important role in identifying children who
needed mental health services. Now they
report that the schools are disinterested in
working with them to obtain appropriate
mental health services for the children who
need them and are generally reluctant to
provide services at all. Before the end of AB
3632, these parent advocates could turn to
their local department of mental health to
troubleshoot if they ran into problems at a
school, but now this support is no longer
available. Survey respondents also reported
that outside providers have been denied
access to the campus or a classroom for
students they treat.
Further, mental health evaluations done
by community-based providers are often
excluded from the special education
assessment. While schools have the
responsibility to conduct the assessment, they
should be required to consider any outside
Page 50 of 74
Failing Grade | 15
the unmet need for mental health services
and an analysis of the barriers to meeting
the need and document the aggregate
use, cost, including funding source, and
education outcomes of mental health
services administered within the district
from the prior academic year.
� Service use should be reported by type of
services students had been provided the
year prior and should include the frequency
and location of those services.
� Discuss protocols for coordinating
interventions with community-based
providers.
� Include a training plan for parents and
school personnel to support the school-
based and community-based mental
health interventions for each student with
services.
� Have service outcomes that include, on an
aggregate basis, academic achievement,
behavior, discipline, juvenile justice contact,
relevant testing results, and graduation
rate of students who receive mental health
services before or during the academic
year.28
� Be made publicly available.
include experienced peer advocates who
can support and mentor the parent through
what often seems like a very intimidating and
complicated process.
Improve Access to Services
Each LEA should develop and publish an
annual “Mental Health Plan.”
The Mental Health Plan should be developed
in consultation with stakeholders, including,
but not limited to, parents, special education
and mental health advocates, community
mental health providers, child welfare
advocates, and county mental health
professionals, and should:
� Describe in detail the full scope of mental
health services that are available to children
with low, moderate and severe mental
health conditions.
� Identify individuals within the district
who work with parents in obtaining
educationally related mental health
services as part of an IEP, and coordinating
community-based and school-based
interventions, whether through an IEP
or not.
� Include aggregate data, by race, ethnicity,
national origin, color, gender, gender
identity, sexual orientation, age, and grade
level, showing the number of students
receiving mental health services as well
as the number of students receiving each
type of mental health service provided.
The plan should also include an estimate of
Page 51 of 74
Failing Grade | 16
designed to meet a student’s unique needs
and prepare him or her for further education,
employment, and independent living. IDEA’s
implementing regulations state that federally
mandated related services include, but are
not limited to: behavioral services, outpatient
mental health counseling services, parent
training and counseling, family therapy,
social work services in schools, planning and
case management, psychological services,
psychiatric services for diagnostic and
evaluation purposes, therapeutic recreation,
and/or some combination of these services.
This list of related services is not exhaustive
and may include other services if required to
assist a child with a disability to benefit from
an education.29 The mental health needs of
California’s students are complex and unique;
surely they cannot all be addressed with the
same uniform treatment that the authors
are presently seeing. IDEA lists a variety
of services for a reason, and LEAs should
consider this array when developing an
individualized program for their students. The
LEA mental health plan described above will
assist in ensuring that LEAs no longer resort to
a singular service when attempting to address
multiple, complex needs.
All LEAs should make available an array
of school-based mental health services,
including crisis services.
School-based mental health services,
including behavioral services, are necessary
to afford students with emotional and
behavioral problems equal opportunities to
As a function of the Child Find mandate, LEAs
should develop protocols to assess for special
education services any student brought to the
LEA’s attention by a parent or mental health
provider as needing educationally related
mental health services.
LEAs should be required to formalize a written
procedure to assess all such children brought
to the LEA’s attention by a parent or provider.
LEAs should immediately develop a plan to
require districts to perform an evaluation of
each student’s eligibility for special education
(or authorize an independent evaluation) and/
or facilitate/secure an evaluation of whether
mental health services are needed. In addition,
LEAs should develop protocols to evaluate
students’ mental health needs whenever
certain “triggering” events occur; for example,
the student is involved in a certain number of
disciplinary incidents, has a certain number
of suspensions, has been referred to school-
based police, or has been arrested.
The CDE should require LEAs to provide a
wider variety of mental health services as
mandated by federal law.
One of the recurring complaints in our findings
is the lack of an array of effective mental
health services offered by the schools. Instead,
counseling is often the only service available;
even then, it may be delivered as academic
counseling rather than mental health therapy.
IDEA requires that public schools provide
a free and appropriate education which
includes “related services” to its students in
special education. These services must be
Page 52 of 74
Failing Grade | 17
survey and interview responses used for this
report indicate this is not being done. Explicit
requirements for behavioral services and
supports and evidence-based mental health
programs in schools are needed, and only CDE
can provide the leadership to ensure that this
happens.
The CDE should hold LEAs accountable in
measuring expenditures and outcomes of
mental health services.
The state audit revealed that currently, no
mechanism is in place to track mental health
expenditures and practical outcomes for
students who receive these services. Data and
information is crucial in judging a program’s
effectiveness, both with regard to cost and
outcomes. This report’s recommendations
above for LEAs to implement annual mental
health plans must be supplemented by
better oversight from the CDE. Monitoring
is essential to ensure that these services are
being provided in a manner according to state
and federal law, and that inconsistency—in
so much as meeting a child’s needs—is
minimized between districts. The nonfeasance
of the state has created a situation where a
child in “LEA A” might be getting significantly
different services than a child with a similar
need in “LEA B,” with neither being able to
testify with any certainty as to the strength
or success of the education these children
receive. The CDE must hold LEAs accountable
to the annual mental health plan established
above, continually monitor the spending
and outcomes of these LEAs to ensure their
advance academically and graduate. They also
provide students with the opportunity to be
educated in neighborhood schools along with
their peers without disabilities. For example,
Positive Behavioral Intervention and Supports
(PBIS) is a framework or approach for assisting
school personnel in adopting and organizing
evidence-based behavioral interventions
into an integrated continuum that enhances
academic and social behavior outcomes for
all students. Only 53 percent of the school
administrators surveyed reported that they
had a clear policy for handling a student in a
mental health crisis. To serve their students,
schools need to identify effective programs
for treating mental health concerns, provide
school environments that are positive and
conducive to mental wellness, and ultimately
ensure that systems are in place to prevent
and respond appropriately to any mental
health crisis.
Transparency and Enforcement
The CDE should take action to hold LEAs
accountable for providing mental health
services that produce positive education
outcomes.
Since the repeal of AB 3632, the CDE has
offered some clarification, but essentially no
direction. With little guidance from the state,
LEAs adapted to the best of their ability, but
with varying results. A major criticism raised is
the inconsistency and inadequacy of services
across districts. Variability is not a problem
as such, so long as individual needs are
being met within each district; however, the
Page 53 of 74
Failing Grade | 18
effectiveness, and work with LEAs that are
shown to be substandard to ensure that every
child in California receives the services he
or she deserves to benefit from his or her
education.
ConclusionThe parents, mental health providers,
special education advocates, and school
administrators who responded to surveys
about the state of educationally related mental
health services provide much-needed insight
into actions that must be taken to ensure that
all children have an opportunity to do well
academically, to graduate and to build the
academic, social and life skills necessary for
success.
Page 54 of 74
Failing Grade | 19
Endnotes1 The real names of the children described in this report have been changed to protect their privacy.2 California Department of Education, Available Funding and Spending Parameters (September 2013), http://www.cde.ca.gov/sp/se/ac/avlblfndsrcspndngpar.asp.3 See AB 3632–AB 114 Transition of Educationally Related Mental Health Services Q & A (California Alliance of Child and Family Services) at http://www.dhcs.ca.gov/services/MH/Documents/CSI_2013_06_03c_AB_3632_AB_114b.pdf.4 The California Department of Education (CDE) and four special education local plan areas (SELPAs) were selected as subjects for the audit.5 California State Auditor, Report Number 2015-112, “Student Mental Health Services: Some Students’ Services Were Affected by a New State Law, and the State Needs to Analyze Student Outcomes and Track Service Costs,” January 19, 2016, http://www.bsa.ca.gov/reports/2015-112/index.html.6 Western Center on Law and Poverty is a statewide legal organization that advocates in the courts, counties and capital to secure health care and other basic needs for low-income Californians. Western Center’s work on behalf of children with mental health needs includes obtaining a groundbreaking settlement obtained in 2011 that requires that California children in foster care or at risk of removal from their families receive intensive home- and community-based mental health services. Mental Health Advocacy Services, Inc. (MHAS) is a private nonprofit law firm established to provide free legal services to people with mental disabilities. MHAS assists both children and adults, with an emphasis on obtaining government benefits and services, protecting rights, and fighting discrimination. MHAS has advocated for children and their families to obtain educationally related mental health services for over 30 years. Founded in 2005, Learning Rights Law Center seeks to achieve education equity for low-income and disadvantaged students through direct services, direct advocacy litigation, and parent training. Learning Rights seeks to ensure that all students are provided with equitable access to the public education system, especially those students with mental health needs. Mental health services are an essential aspect of many students’ lives, and Learning Rights fights daily to ensure that these services are delivered with the appropriate care and continuity.7 In addition to conducting surveys and interviews, the authors of this report made Public Records Act (PRA) requests to the California Department of Education and six local education agencies seeking information on the expenditure of AB 114 funds for mental health services and descriptions of the services provided. A review of the responses to this PRA revealed that there is no uniform way that the local education agencies
and school districts track AB 114 money, making it difficult to discern how the money is being spent and on what services, if any. Further, there appear to be great discrepancies between school districts in terms of transparency, expenditures and services. This supports the findings of the state audit that the lack of transparency in the expenditure of AB 114 funds makes it impossible to monitor, assess and ultimately improve services.8 See Disability Rights Education & Defense Fund (DREDF), School-to-prison pipeline, http://dredf.org/legal-advocacy/school-to-prison-pipeline/.9 California State Auditor Report 2015-112, p. 58, http://www.bsa.ca.gov/pdfs/reports/2015-112.pdf.10 20 U.S.C. § 1412(a)(3). The Office of Civil Rights (OCR) of the Education Department has accepted child find plans that include door-to-door surveys, brochure mailings, public education programs and other public meetings, physician referrals, contacts with day care providers, and surveys of private school personnel. See Luling, TX Indep. School Dist., 1975–1985 EHLR 257:417.11 Bazelon Center For Mental Health, The Role of Specialty Mental Health Courts in Meeting the Needs of Juvenile Offenders, discusses the connection between school discipline, failures to identify children with mental health needs and the juvenile justice system. See pp. 8–9. Available at http://www.bazelon.org/LinkClick.aspx?fileticket=DkVxLF-KoUI%3D&tabid=142.12 Id.; see also Department of Health Care Services, Expanding Juvenile Mental Health Courts in the Children’s System of Care (discussing California’s juvenile mental health courts), available at http://www.dhcs.ca.gov/dataandstats/reports/Mental%20Health/JMHCPaper.pdf.13 See U.S. Department of Education’s Internal OCR Staff Guidance: Title VI Standards for Communication with Limited English Proficient Parents (November 5, 2010) at https://www.gadoe.org/Curriculum-Instruction-and-Assessment/Curriculum-and-Instruction/Documents/ESOL/OCR%20Guidance%20on%20EL%20Parent%20Communication.pdf.14 20 U.S.C. § 1401(9).15 20 U.S.C. § 1401(9).16 20 U.S.C. § 1401(26)(a).17 Seattle School District v. B.S., 82 F.3d 1493, 1500 (9th Cir. 1996).18 Id.19 See U.S. Dep’t of Education, New Accountability Framework Raises the Bar for State Special Education Programs (Jun. 24, 2014) (quoting U.S. Secretary of Education Arne Duncan: “Every child, regardless of income, race, background, or disability can succeed if provided the opportunity to learn. We know that when students with disabilities are held to high expectations and have access to the general curriculum in the regular classroom, they excel. We must be honest about student performance, so that we can give all students the supports and services they need to succeed.”).20 Way to Go: School Success for Children with Mental
Page 55 of 74
Failing Grade | 20
groundbreaking-collaboration/.29 34 C.F.R. Section 104.33(c)(3); 34 C.F.R. Part 300 Appendix A (2001).
Health Needs (Bazelon Center for Mental Health Law) at http://www.bazelon.org/LinkClick.aspx?fileticket=oVwByHXIK20%3d&tabid=104.21 Ira Burnim, School-Based Behavior Services, p. 3 (Memorandum on file at the Bazelon Center for Mental Health Law, October 2015).22 Bullet points are quoted from id., pp. 3–6.23 U.S. Department of Health and Human Services and U.S. Department of Education, Policy Statement of Inclusion of Children with Disabilities in Early Childhood Programs (September 14, 2015).24 Mental health advocates representing well over 20 counties reported that mental health services for children with severe emotional or behavior conditions are often provided by interns, rather than licensed and experienced child psychiatrists, clinicians, or trained and experienced paraprofessionals who are guided by such licensed professionals. Survey respondents reported that the school-based personnel providing counseling services often do not have the credentials, education, or training to provide evidence-based mental health services or behavior support services that have been shown to produce positive behavior changes.25 A report describing the benefits of parent training and optimism in the intervention plan on student outcomes. Combining Parent Education in Positive Behavior Support and Optimism Training to Improve Child and Family Outcomes, NADD Bulletin Volume XI Number 6 Article 1, available at: http://thenadd.org/modal/bulletins/v11n6a1~.htm.26 The Official Comments from 1999 to the Federal Regulations under IDEA, published in the March 12, 1999 Federal Register (Volume 64, No. 48, at p. 12,406 et seq.) state: “The definition of ‘parent counseling and training’ should be changed to recognize the more active role acknowledged for parents under the IDEA Amendments of 1997 as participants in the education of their children. Parents of children with disabilities are very important participants in the education process for their children. Helping them gain the skills that will enable them to help their children meet the goals and objectives of the IEP or IFSP will be a positive change for parents, will assist in furthering the education of their children, and will aid the schools as it will create opportunities to build reinforcing relationships between each child’s educational program and out-of-school learning” (emphasis added) (at p. 12,549).27 U.S. Department of Education, A Guide to the Individualized Education Program at http://www2.ed.gov/parents/needs/speced/iepguide/index.html.28 Some school districts are conducting reviews of their disciplinary practices and special education services with particular attention to identifying implicit biases, stereotype threats, racial anxiety and other unconscious phenomena that could produce disparities. More school districts should take steps to examine the intersection between race, disability, and school discipline as part of the Mental Health Plan development. http://dredf.org/2015/03/26/antioch-school-officials-agree-to-
Page 56 of 74
Page 57 of 74
Page 58 of 74
Page 59 of 74
Page 60 of 74
Page 61 of 74
Page 62 of 74
Page 63 of 74
Page 64 of 74
Page 65 of 74
Page 66 of 74
Page 67 of 74
Page 68 of 74
Page 69 of 74
Page 70 of 74
Page 71 of 74
Page 72 of 74
Page 73 of 74
Proposed on 05/13/16
SELPA STEERING COMMITTEE MEETING SCHEDULE
2016-2017
Date Room August 26 TBD September 16 Oak Room D October 21 Oak Room D November 18 Oak Room D December 16 Oak Room D January 20 Oak Room D February 17 Oak Room D March 17 Oak Room D April 21 Oak Room D May 19 Oak Room D
Regular Meetings are held Monthly on Friday's
8:30 – 11-30 a.m Chair: Adam Stein, SELPA Director
####################################################################################
Page 74 of 74