HomeMy WebLinkAboutMINUTES - 05241988 - 1.64 7
TO BOARD OF SUPERVISORS 1_-00
FROM; Mark Finucane , Health Services Director Contra
By : Elizabeth A. Spooner , Contracts Administrator
Costa
DATE: May 13, 1988 County
SUBJECT; AUTHORIZATION OF MEDIATION AGREEMENTS AND REIMBURSEMENT OF COSTS
UNDER THE STATE ' S SPECIAL EDUCATION PROGRAM (AB 3632)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION :
A. Authorize the County ' s Mental Health Director , Stuart
McCullough, to execute settlement agreements between Contra
Costa County Mental Health , various school districts , and
parents of children participating in the State ' s Special
Education Program (AB 3632) ; and
B. Authorize the Auditor-Controller to reimburse parents for
the costs of mental health care and attorney . or advocate
fees as specified in settlement agreements entered into
under the fair hearing process resulting from administrative
hearings or mediation between the Department and parents
whose children are involved with the State 's Special
Education Program (AB 3632) .
Total payments for this program shall not exceed $100, 000 during
Fiscal Year 1987-88.
II . FINANCIAL IMPACT :
Funding for the reimbursement resulting from administrative
hearing decisions and settlement agreements comes from specific
categorical State funding for the AB 3632 program and is
budgeted in the Department ' s FY 1987-88 Budget .
The Department has set aside $ 100, 000 for this program for
fiscal year 1987=88 with the expectation that there may be
retroactive claims . Any of this money not expended will be
rolled over to the next fiscal year.
III . REASONS FOR RECOMMENDATIONS/BACKGROUND:
Under California Government Section 7550 et seq . (AB 3632) ,
the State Department of Mental Health (or its designee , County ' s
Mental Health Department ) is responsible for providing
psychotherapy or mental health services as part of a child ' s
Special Education Individualized Education Program ( IEP) . Under
the terms of this program and as part of the County ' s
Short-Doyle Plan , in special categorical State funding has been
CONTINUED ON ATTACHMENT: X YES SIGNATURE'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TI N OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON May 24 , 1988 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT } AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED May 24,. 1988
Health Services PHIL BATCHELOR, CLERK OF THE BOARD OF
Health Services Contracts SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller
BY DEPUTY
M382/7-83
SPECIAL EDUCATION PROGRAM (AB 3632)
BOARD ORDER
PAGE 2
sex aside for reimbursement of costs to parents for said
psychotherapy or mental health services when parents are dissat-
isfied with the outcome of their child (ren) ' s IEP and file for•
such reimbursement through due process . This may involve either
an administrative hearing or mediation between the Department ,
the School District , the parents , and their attorney/advocate.
This is the first year for this due process provision and the
Department received estimates of the cost of fair hearings from
some of the school districts ; i .e. , the average cost of entering
into a fair hearing is approximately $35 ,000. Mediation is a
less costly method of due process than Administrative Hearings .
This Board Order will provide a mechanism by which parents can
be reimbursed for the costs of psychotherapy/mental health
treatment and related attorney/advocate fees , incurred as a
result of their child (ren) ' s IEP, and as directed in settlement
agreements , resulting either from Administrative Hearings or
Mediation . It also allows the County ' s Mental Health Director
to enter , whenever possible , into Mediation Agreements , on
behalf of the County.