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Health Services Department recommending the Board authorize the Director of Health Services to send appropriate documents to terminate Memorandum of Understanding (MOU) 093-M1011 with the El Dorado County Office of Education in accordance with the terms of the MOU and upon approval by County Counsel. (Refer 10-0972, 10/5/10)
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Background:
The federal Individuals with Disabilities Education Act (IDEA) entitles children with disabilities to a free and appropriate public education. Prior to 1984, school districts were responsible for providing all special education services to children. In 1984, the Legislature enacted AB 3632, the Special Education Pupils Program, which, among other things, transferred responsibility for providing mental health services to special education pupils from school districts to county mental health departments. While counties have been performing these services under state law (Title 1, Division 7, Chapter 26.5 of the Government Code, §7570-7590), the services they provide allow public education to fulfill its mandate under federal law to provide an education to students with special needs.
The County has historically entered into an MOU with the El Dorado County Office of Education (EDCOE) in order to set forth the responsibilities of each agency participating in providing mental health services to students with disabilities per the student’s Individualized Education Program. The latest such MOU (093-M1011) was approved and executed by the Board of Supervisors on October 5, 2010, with a term extending through June 30, 2011. The MOU outlines the division of responsibilities: County Mental Health provides mental health services, County Human Services provides the placement component, and EDCOE provides the education component.
The October 5, 2010 agenda item for this MOU noted that “it remains uncertain whether AB 3632 services will be continued and adequately funded as a part of the State budget for FY 2010/11. Should the S...
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