CAPSES Governmental Affairs Overview for 2015-16 - Teresa Malekzadeh, CAPSES Governmental Affairs Chair

CAPSES continues to have a seat and a voice on the California Private School Advisory Committee and through that work we assist private schools and the state determine relevant and useful training modules for our school administrators and teachers through Title II funds.  All nonprofit private schools have access to these trainings which are held throughout the state.  CAPSES will provide members more information as it becomes available.

In 2011, the legislature passed AB 114.  CAPSES had an active role in the stakeholder group which met over two year to establish recommendations and best practice guidelines for implementation.  In March of 2015 Senator Jim Beall requested the Joint Legislative Audit Committee to approve an audit to examine how the school districts use mental health funds, evaluate student performance outcomes and whether they are meeting their legal obligations to provide mental health services to students.  CAPSES was asked to speak in support of the audit at the hearing.  The audit was approved and the state will begin an audit of four SELPA’s statewide with one SELPA identified as Santa Clara County Office of Education.  The focus included:

•  Review and evaluate the laws, rules and regulations significant to the audit objectives

• Review and evaluate the CDE’s responsibility with respect to oversite and administration of federal and state special education laws as it relates to mental health

• Review and evaluate the impact of pre and post AB 114 on the number of students with disabilities placed in residential programs both in-state and out-of-state

• Review and assess the complaint process and determine whether each SELPA’s process is effective, including whether the SELPA makes parents, guardians and students aware of the complaint process.  Further, for a selection of complaints from each of the SELPAs, determine whether the process for addressing complaints was followed.

• For a five year period, using the SELPAs identified, provide the following information for pre and post AB114, to the extent possible, disaggregated by the students for whom an individualized education plan (IEP) identifies them as emotionally disturbed, for the students whose IEP may also call for mental health services and for students who qualify or do not qualify for Medi-Cal services:

Determine whether the type of frequency of service, and the providers of services changed under the transition from AB 3632 to AB 114.

For a selection of students served under AB 3632, determine whether their IEPs were changed during the SELPAs’ transition to AB 114. 

To the extent possible, assess whether the IEPchange were allowable and the reason was documented.

CAPSES will keep you updated and informed as to the outcome of the audit.