SECTIONS 56836-56836.05 - California Statutes

EDUCATION CODE

SECTION 56836-56836.05

56836. Commencing with the 1998-99 fiscal year and for each fiscal
year thereafter, apportionments to special education local plan areas
for special education programs operated by, and services provided
by, districts, county offices, and special education local plan areas
shall be computed pursuant to this chapter.

56836.01. Commencing with the 1998-99 fiscal year and each fiscal
year thereafter, the administrator of each special education local
plan area, in accordance with the local plan approved by the board,
shall be responsible for the following:
(a) The fiscal administration of the annual budget plan pursuant
to paragraph (1) of subdivision (b) of Section 56205 and annual
allocation plan for multidistrict special education local plan areas
pursuant to Section 56836.05 for special education programs of school
districts and county superintendents of schools composing the
special education local plan area.
(b) The allocation of state and federal funds allocated to the
special education local plan area for the provision of special
education and related services by those entities.
(c) The reporting and accounting requirements prescribed by this
part.

56836.02. (a) The superintendent shall apportion funds from Section
A of the State School Fund to districts and county offices of
education in accordance with the allocation plan adopted pursuant to
Section 56836.05, unless the allocation plan specifies that funds be
apportioned to the administrative unit of the special education local
plan area. If the allocation plan specifies that funds be
apportioned to the administrative unit of the special education local
plan area, the administrator of the special education local plan
area shall, upon receipt, distribute the funds in accordance with the
method adopted pursuant to subdivision (i) of Section 56195.7. The
allocation plan shall, prior to submission to the superintendent, be
approved according to the local policymaking process established by
the special education local plan area.
(b) The superintendent shall apportion funds for regionalized
services and program specialists from Section A of the State School
Fund to the administrative unit of each special education local plan
area. Upon receipt, the administrator of a special education local
plan area shall direct the administrative unit of the special
education local plan area to distribute the funds in accordance with
the budget plan adopted pursuant to paragraph (1) of subdivision (b)
of Section 56205.

56836.03. (a) On or after January 1, 1998, each special education
local plan area shall submit a revised local plan. Each special
education local plan area shall submit its revised local plan not
later than the time it is required to submit its local plan pursuant
to subdivision (b) of Section 56100 and the revised local plan shall
meet the requirements of Chapter 3 (commencing with Section 56205).
(b) Until the board has approved the revised local plan and the
special education local plan area begins to operate under the revised
local plan, each special education local plan area shall continue to
operate under the programmatic, reporting, and accounting
requirements prescribed by the State Department of Education for the
purposes of Chapter 7 (commencing with Section 56700) as that chapter
existed on December 31, 1998. The department shall develop
transition guidelines, and, as necessary, transition forms, to
facilitate a transition from the reporting and accounting methods
required for Chapter 7 (commencing with Section 56700) as that
chapter existed on December 31, 1998, and related provisions of this
part, to the reporting and accounting methods required for this
chapter. Under no circumstances shall the transition guidelines
exceed the requirements of the provisions described in paragraphs (1)
and (2). The transition guidelines shall, at a minimum, do the
following:
(1) Describe the method for accounting for the instructional
service personnel units and caseloads, as required by Chapter 7
(commencing with Section 56700) as that chapter existed on December
31, 1998.
(2) Describe the accounting that is required to be made, if any,
for the purposes of Sections 56030, 56140, 56156.4, 56361.5, 56362,
56363.3, 56366.2, 56366.3, 56441.5, and 56441.7.
(c) Commencing with the 1997-98 fiscal year, through and including
the fiscal year in which equalization among special education local
plan areas has been achieved, the board shall not approve any
proposal to divide a special education local plan area into two or
more units, unless the division has no net impact on state costs for
special education; provided, however, that the board may approve a
proposal that was initially submitted to the department prior to
January 1, 1997.

56836.04. (a) The Superintendent continuously shall monitor and
review all special education programs approved under this part to
ensure that all funds appropriated to special education local plan
areas under this part are expended for the purposes intended.
(b) Funds apportioned to special education local plan areas
pursuant to this chapter are to assist local educational agencies to
provide special education and related services to individuals with
exceptional needs and shall be expended exclusively for programs
operated under this part.

56836.05. (a) Apportionments made under this part shall be made by
the superintendent as early as practicable in the fiscal year. Upon
order of the superintendent, the Controller shall draw warrants upon
the money appropriated, in favor of the eligible special education
local plan areas.
(b) If the special education local plan area is a multidistrict
special education local plan area, and the approved allocation plan
does not specify that funds will be apportioned to the special
education local plan area administrative unit, the special education
local plan area shall submit to the superintendent an annual
allocation plan to allocate funds received in accordance with this
chapter among the local educational agencies within the special
education local plan area. The annual allocation plan may be revised
during any fiscal year, and these revisions may be submitted to the
superintendent as amendments. The amendments shall, prior to
submission to the superintendent, be approved according to the
policymaking process established by the special education local plan
area.
(c) If funds are apportioned to a special education local plan
area administrative unit in the 1998-99 fiscal year and the special
education local plan area administrative unit is changed in the
1998-99 fiscal year or thereafter, monthly payments shall be made
according to the schedule in paragraph (2) of subdivision (a) of
Section 14041 unless all local educational agencies are on the same
schedule. If all local educational agencies are on the same schedule,
the appropriate schedule in paragraph (2), (7), or (8) of
subdivision (a) of Section 14041 shall apply.