Agenda Item AGENDA STAFF REPORT ASR Control 11-001564
MEETING DATE:	02/07/12
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	Health Care Agency (Approved)
Department contact person(s):	Mary Hale (714) 834-7024

Subject: Agreement for Educationally Related Mental Health Svcs

ceo Concur	County Counsel Review		Clerk of the Board
Concur	Approved Agreement to Form		Discussion
			3 Votes Board Majority
Budgeted: Yes		Current Year Cost: N/A		Annual Cost: N/A
Staffing Impact: No		# of Positions:		Sole Source: No
Current Fiscal Year Revenue: $5,074,087
Funding Source: Fed: 100% (IDEA)
Prior Board Action: 3/15/2011 #31

RECOMMENDED ACTION(S):

1.	Approve the Master Agreement for the provision of Educationally Related Mental Health Services with various school districts for the period July 1, 2011 through June 30, 2012.
2.	Authorize the Health Care Agency Director, or designee, on behalf of the Board of Supervisors, to execute the individual agreements with contracting school districts as set forth in Item 1.

SUMMARY:

The Health Care Agency request approval of the Master Agreement for the provision of Educationally Related Mental Health Services with various school districts.

BACKGROUND INFORMATION:

In 1975, the Federal Government passed the Individuals with Disabilities Education Act (IDEA) which requires public schools to provide an appropriate education to students with disabilities and to prepare them for higher education, employment, and independent living.

In 1984, the State of California enacted Chapter 26.5, Division 7, Title 1 of the Government Code (also known as AB 3632) which enhanced the services required by IDEA and changed the mandate from the school districts to the county mental health departments. Thereafter, the Health Care Agency (HCA) used IDEA funding to provide these services and additional costs were submitted to the State in the County SB 90 claim.

On October 8, 2010, the Governor vetoed the line item funding for AB 3632 and stated the mandate for county mental health departments had been suspended. This action prevents HCA from claiming its costs under SB 90 and the responsibility for IDEA services reverts to the school districts. This action has been upheld by the courts.

In a mutual effort to avoid disruption of mental health services to students, HCA, the Orange County Department of Education (OCDE) and the 28 Orange County school districts entered into an agreement approved by your Honorable Board on March 15, 2011. OCDE provided Federal IDEA funds and the school districts and OCDE provided HCA additional funds to cover HCA's costs for the entire Fiscal Year (FY) 2010-11.

For FY 2011-12, the State's approved budget for educationally related mental health services are sufficient to cover HCA costs until approximately February 2012. HCA is proposing an agreement with the school districts which will allow services to continue through June 30, 2012. The Master Agreement requires HCA to continue to participate in the individual education plan (IEP) process for each student in the program identified by the school district and provide mental health services when such services are recommended as part of an IEP. In exchange, contracting school districts agree to reimburse HCA for all costs related to the provision of services through June 30, 2012. The school districts will use the $5,074,087 in Federal IDEA funds and other school district funds as needed.

The Health Care Agency requests that your Board approve the Master Agreement for the provision of Educationally Related Mental Health Services with various school districts as reference in the Recommended Actions.

FINANCIAL IMPACT:

Appropriations and revenue related to the Master Agreement will be absorbed within the Health Care Agency's FY 2011-12 Current Budget.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

A. Master Agreement for Provision of Educationally Related Mental Health Services