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HomeMy WebLinkAboutMINUTES - 06211988 - 1.7 (2) T� BOARD OF SUPERVIF Mark Finucane , Health Services Director FROM: By: Elizabeth A. Spooner , Contracts Administrator l.lwtra Costa DATE'. June 9, 1988 /� AUTHORIZATION OF MEDIATION AGREEMENTS AND �,..11ou rly SUBJECT: REIMBURSEMENT OF COSTS UNDER THE STATE ' S SPECIAL EDUCATION PROGRAM (AB 3632)--FISCAL YEAR 1988-89 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 1988-89 . 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 1988-89 Budget . The Department has set aside $ 100 ,000 for this program for fiscal year 1988-89 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 , $ 100 ,000 in special categorical St,,4e funding CONTINUED ON ATTACHMENT; �_ YES SIGNATURE' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAT OF BOARD OMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER L VOTE OF SUPERVISORS i 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: Health Services (Contracts) ATTESTED JUN 2 1988_ Auditor-Controller ------------ .-- PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382/7-83 BY ,DEPUTY SPECIAL EDUCATION PROGRAM (AB 3632 ) BOARD ORDER PAGE 2 has been set aside for reimbursement of costs to parents for said psychotherapy or mental health services when parents are dissatisfied 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 . On May 24 , 1988 , the Board authorized the County ' s Mental Health Director , Stuart McCullough to execute settlement agreements and authorized the Auditor-Controller to reimburse parents 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. Approval of this Board order will continue this program for an additional year . ,l