California Budget Shifts Mental Health Responsibility to Schools

A specific veto item to the state's fiscal year 2011 budget remains a topic of concern for parents of and the that educate them.

Funding for Assembly Bill 3632, which mandates the state fund county mental health departments in order to provide mental health services for special needs and severely emotionally disturbed students was blue-penciled by the governor on Oct. 8. 

$133 million previously allocated for AB 3632 programs, which are required under law pursuant to the federal Individuals with Disabilities Education Act, has since been shifted back to the state to increase the Special Fund for Economic Uncertainties.

The responsibility to fund them now sits on the backs of local school districts, the state said — including Santee School District (SSD).

Despite the governor's veto, however, State Superintendent of Public Instruction Jack O'Connell has committed to releasing $76 million in federal funding to maintain services.  Although O'Connell's office was concerned that they would not be able to allocate federal funding due to cuts made by the state, they are "proceeding with business as usual," said California Department of Education (CDE) Director of Communications Hilary McLean.

"Every California deserves an education that gives them the opportunity to meet their ," O'Connell said. " Gov. Schwarzenegger's action to eliminate funding for severely disabled students' mental health services is cruel to vulnerable children and is yet another slap in the face to public schools that have been underfunded by $21 billion over the last three budget years."

O'Connell said he refuses to let Schwarzenegger's action prevent severely disabled students from getting the they need from qualified providers.

"I have directed the CDE to disburse federal funds allocated for this purpose in the same manner as it has for the last six years so that districts can continue to contract with the most appropriate providers and ensure continuity to help these vulnerable students," he said.

The $76 million will help ensure mental health services that are included within a students' individualized education program (IEP), are appropriately provided during the current fiscal year by county mental health agencies consistent with current statute. In keeping with how funds have been dispersed in the past, the CDE will allocate federal funds to each county office of education to contract with the appropriate mental health agency to provide specified mental health services.

Although San Diego County is slated to receive just over $4 million, it spends approximately $13 million annually to serve students under the AB 3632 program.  A total of $8 million has previously been provided by state and federal funding, while $5 million comes from Medi-Cal—the state public health insurance program which provides health care services for low-income families.

San Diego County Mental Health Director Alfredo Aguirre, however, said the disbursement of federal funding is "not new news," he said.

"We knew the federal funds were coming," Aguirre said.  "The Governor's suspension of state funding for AB 3632 programs is a completely separate issue from funding which is provided by the federal government."

SSD is currently working with the East County SELPA to ensure no student is left without the services they need.

"Our interest is that everyone come together for students and families in need," said East County SELPA Senior Director Dr. Tim Glover. "There may be uncertainty as to who has fiscal responsibility to provide these services, but until we sort that out we will certainly not allow services to go uninterrupted.  It's a money issue right now but these are our neediest students and it's our goal to make sure these services stay in place."

Supervisor Dianne Jacob, whose district includes Santee, feels that the shift in responsibility as to who must provide AB 3632 programs is not good news for the children who rely on them.

"It is in the best interest of all Californians to ensure that vulnerable children have a chance at a safe and self-sufficient future. Yet, year after year, the Legislature and the governor cobble together a that doesn't begin to make the reforms necessary to adequately fund this program into the future," Jacob said.  

Jacob believes that the people of California must demand fundamentally change the way it deals with finances to "ensure that deserving programs like this aren't repeatedly left in the lurch by the state," she said.

While O'Connell has said members of the Legislature are pursuing a legal opinion on whether the Governor broke the law by suspending state funding for AB 3632 programs, parents of Los Angeles County students who receive services provided by this funding have already taken legal action.

In late October, a class action lawsuit against the state was filed with the Central District of California Court, with attorneys for the plaintiffs citing violations to the Individuals with Disabilities Education Improvement Act, the Americans with Disabilities Act, and the Rehabilitation Act, alleging the Governor's actions resulted in mass confusion of crisis proportions throughout the state.

US District Judge George H. Wu approved a stipulated injunction on Nov. 1, temporarily restoring programs within that county.

The California School Boards Association (CSBA) has also taken legal action.

On Nov. 9 the CSBA filed a lawsuit requesting the governor's veto of funding for AB 3632 be declared void and set aside, arguing that only the Legislature has the authority to authorize such a suspension.

"The governor's decision to use his veto authority to deny millions of dollars in child mental health services is appalling," said CSBA President Frank Pugh. "Cuts to our schools and students have reached an all-time high. Students already face larger class sizes, fewer counselors and less support staff on campus. It is unthinkable to now eliminate the very services that provide assistance to students struggling with mental health issues."

Local attorney Mattheus Stephens said parents within San Diego County could benefit from filing a similar lawsuit.

"Gov. Schwarzenegger discriminated against this segment of our citizens who are specifically protected by the referenced statute and by laws against disability discrimination," Stephens said. "It is regrettable that he picked the most vulnerable of our citizens to victimize in the budget morass."

AB 3632 services include, but are not limited to, mental health assessments, participation and recommendation to an IEP Team, out-of-state residential placement, participation in due process hearings related to mental health services, and inter-agency contract related duties.  currently has eight students which receive services funded by the program.

Aguirre has said the county will continue to provide services to students who are in ongoing care through Dec. 31.  

Parents of SSD students who receive AB 3632 programs who have questions about the shift should direct questions to the East County SELPA at 619.590.9320.   Parents of SSD students who are in ongoing care with the county should direct questions to the County of San Diego Mental Health Services Department at 619.563.2750.