Charter Oak to Cover Tab for Student Mental Health Services

As several lawsuits continue in litigation against former Gov. Arnold Schwarzenegger’s suspension of mental health services for special education students, Charter Oak Unified School District moved to pick up the tab of more than $300,000 in service fees in hopes the district would be reimbursed for the fiscal year.

Charter Oak Unified School District voted during Thursday’s school board meeting to continue services with the Los Angeles County Department of Mental Health at the school district’s expense until June 30. The short term agreement will leave the district responsible for the $320,804 in fees, although district officials said there was a possibility the school district would be reimbursed following the results from current lawsuits.

“We are very hopeful that funding will be restored to mental health for the remainder of this fiscal year,” Charter Oak superintendent Mike Hendricks said.

Schwarzenegger suspended AB3632 on Oct. 8, 2010, freezing funds providing treatment and services to students with severe emotional problems and disabilities identified in their individual education program (IEP). The veto pushed responsibility of funding services provided to California students for the last 27 years back onto schools.

Services, including outpatient individual therapy, group therapy, family therapy, psychiatric consultation, medication management and residential treatment, were implemented to assist students with behavioral or emotional problems -- such as severe depression or overactive disorder -- that prevented them from functioning in a school environment.

Three lawsuits against Schwarzenegger’s authority to suspend the mandate are pending, including one by the California School Boards Association (CSBA).

"The governor's decision to use his veto authority to deny millions of dollars in child mental health services is appalling," CSBA President Frank Pugh said in a statement. "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." 

A reimbursement of the mental health costs is critical for Charter Oak as it has lost $20 million from its annual budget in the last four years and is facing elimination of nine district positions in May.

During extreme financial challenges facing the state, AB3632 has generated controversy over the funding of services for a small amount of students. According to the district, the program funds just 20,000 students statewide. Hendricks said the continued mental health services Charter Oak provides for the rest of the school year would assist approximately 20 students across the district.

According to Sara Jocham, Special Education Local Plan Area director, the residential placement cost for one student is $150,000 to $200,000. The cost for each child in outpatient services is at least $7,000 per year.

Each student’s IEP team determines the services the student needs in order to better function in the classroom and learn, Jocham said. However, state law also instructs the IEP team to follow the recommendation of the Department of Mental Health.

“If Mental Health says this student needs residential placement, regardless of what the student’s IEP team say, the state law requires us to follow whatever they say,” said Jocham.

The district explored the possibility of contracting directly with local community mental health agencies rather than going through the Department of Mental Health. However, hiring the district’s own agencies or staff would eliminate the possibility of reimbursement should court decisions restore the mandate for mental health funding.

Furthermore, Gov. Brown has proposed to restore mental health funds under Proposition 63 for the next fiscal year. Therefore, contracted services will no longer be needed for any extra costs, according to the district memorandum.

Jocham said funds under Proposition 63 already exist and are not contingent on voter approval of continuation of tax increases in June.