Mental Health Services Act: local educational agencies.

Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund (MHSF) to fund various county mental health programs and requires counties to spend those funds as specified. Existing law requires funds allocated to a county that have not been spent for their authorized purpose within 3 years, and the interest accruing on those funds, to revert to the state, except for specified purposes, including capital facilities and technological needs, which revert after 10 years. Under existing law, reverted funds are reallocated to the counties, as specified. As part of the MHSA, existing law requires counties to engage in specified planning activities, including creating and updating a 3-year program and expenditure plan through a stakeholder process. Existing law authorizes the MHSA to be amended by a 23 vote of the Legislature if the amendments are consistent with, and further the purposes of, the MHSA. This bill would amend the MHSA by requiring reverted funds to be used in the county from which the funds reverted, except as specified. The bill would also amend the MHSA by requiring a county that has had funds reverted to work with the local educational agencies (LEAs) , community-based mental health agencies, and other specified stakeholders within that county to create a plan for the use of the reverted funds for school-based mental health services, as specified. The bill would prohibit the reverted funds from being used to pay for educationally related mental health services. By authorizing a new purpose for continuously appropriated funds, this bill would make an appropriation. The bill would require reversion funds not used for the plan to be deposited in the Mental Health Services Fund and redistributed as provided. The bill would make funds used for school mental health purposes subject to reversion after 10 years. This bill would state the finding and declaration of the Legislature that this change is consistent with, and furthers the intent of, the MHSA.