HomeMy WebLinkAboutMINUTES - 06271989 - 1.77 1-077
BOARO OF SUPERVISORS
FROM ; Mark Finucane , Health Services Director L4A
"r Contra
By : Elizabeth A. Spooner , Contracts Administrator Costa
DATE: June 13, 1989 County
SUBJECT; AUTHORIZATION OF MEDIATION AGREEMENTS AND
REIMBURSEMENT OF COSTS UNDER THE STATE ' S SPECIAL EDUCATION
PROGRAM (AB 3632 )--FISCAL YEAR 1989-90
SPECIFIC REQUESTS) 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 1989-90 .
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 1989-90 Budget .
The Department has set aside $ 100 ,000 for this program for
fiscal year 1989-90 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
State funding
CONTINUED ON ATTACHMENT: YES SIGNATVRE' ! - /fQ
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA O OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S):
ACTION OF BOARD ON JUN U 19H APPROVED AS RECOMMENDED , OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES:_ _ AND ENTERED ON THE MIFIUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
q
Cc: Health Services (COntrActs) ATTESTED JUN 27 19Rq___.-__
- PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
M382/7-83
I �
1
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 June 21 , 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 .