COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Health Department

 

DATE:

June 30, 2008

BOARD MEETING DATE:

July 8, 2008

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

   

FROM:

Charlene A. Silva, Director of Health

 

Louise Rogers, Director Behavioral Health and Recovery Services

   

SUBJECT:

Memorandum of Understanding with the San Mateo County Office of Education

   

RECOMMENDATION:

Adopt a Resolution authorizing the President of the Board to execute a Memorandum of Understanding with the San Mateo County Office of Education to transfer the annual SB 3632 allocations to the Health Department Behavioral Health and Recovery Services Division to partially fund federally mandated mental health services to special education students, for the term July 1, 2008 through June 30, 2011.

 

VISION ALIGNMENT:

Commitment: Ensure basic health and safety for all.

Goal 8: Help vulnerable people—the aged, disabled, mentally ill, at-risk youth and others—achieve a better quality of life.

 

This Memorandum of Understanding (MOU) with the San Mateo County Office of Education contributes to this commitment and goal by providing funding for mental health services to special education students to maintain youth in the lowest level of care, which contributes to decreasing out-of-home placements.

 

Performance Measure:

Measure

    FY 2007-08
    Estimate

    FY 2008-09
    Projected

Average monthly census of out-of-home placements at the group home level by Behavioral Health and Recovery Services (BHRS)

7*

10

 

*Data estimate for FY 2007-08 demonstrates exceptional performance beyond the program target.

BACKGROUND:

Assembly Bill 3632 et seq. (Chapter 1747 Statutes of 1984) requires county mental health agencies to provide mental health services to special education pupils as specified in each student’s Individual Education Plan. In June 2005 your Board directed County Counsel and BHRS to negotiate a local agreement with the County Office of Education (COE) and local school districts to ensure continuity of care for emotionally disturbed special education youth and to mitigate County financial risk. Subsequently, in 2006 AB 1807 was passed by the legislature and signed into law to address ongoing statewide legal and financial issues related to the AB 3632 program. AB 1807 requires that local COEs and county mental health agencies have an MOU in place which provides for local COEs to transfer their allocations of Federal Individuals with Disabilities Education Act funding (IDEA) to their local county mental health services agencies. The State Departments of Mental Health and Education, with input from the California Mental Health Directors Association and the Special Education Local Plan Areas (SELPAs), developed the MOU template. Your Board approved the MOU for FY 2007-08 on May 1, 2007.

 

DISCUSSION:

This MOU provides for the transfer of the annual FY 2008-09, FY 2009-10, and FY 2010-11 IDEA allocations for San Mateo County from the COE to BHRS. The amount of the allocation for FY 2008-09 has not yet been determined by the State. The allocation for FY 2007-08 was $1,979,619. The MOU must be signed and returned to the California Department of Education in order to ensure payment of IDEA funds for the AB 3632 program for FY 2008-09. BHRS is required through the MOU to provide service and financial data to the COE to substantiate expenditures for AB 3632 services funded by the IDEA allocation. The MOU makes provision for timely transfer of funding from the COE to BHRS; requires appropriate referrals, cost and service data collection and reporting; and describes the allowable array of services. Your Board’s direction to develop a local agreement between the COE and BHRS is addressed through this MOU.

 

This MOU has been reviewed and agreed to by the County Office of Education and approved by County Counsel and Risk Management.

 

FISCAL IMPACT:

The term of this MOU is July 1, 2008 through June 30, 2011. The total cost for AB 3632 services provided to special education students is anticipated to be approximately $6,000,000 in FY 2008-09. The total IDEA allocation for these services will be determined by the State. Our estimate is that about $2,000,000 will be allocated to San Mateo County. An estimated $1,600,000 of AB 3632 costs will be offset through Medi-Cal Early Period Screening, Diagnosis and Treatment funds (EPSDT) and other funding, leaving an unfunded cost of approximately $2.4 million, which will be claimed through the SB 90 mandate process. The anticipated IDEA allocation and EPSDT funds are included in the BHRS tentatively Adopted FY 2008-09 Budget. There is no Net County Cost for this program. Similar arrangements will be made for FY 2009-10 and FY 2010-11.