SECTIONS 56836.06-56836.15 - California Statutes

EDUCATION CODE

SECTION 56836.06-56836.15

56836.06. For the purposes of this article, the following terms or
phrases shall have the following meanings, unless the context clearly
requires otherwise:
(a) "Average daily attendance reported for the special education
local plan area" means the total of the following:
(1) The total number of units of average daily attendance reported
for the second principal apportionment pursuant to Section 41601 for
all pupils enrolled in the district or districts that are a part of
the special education local plan area.
(2) The total number of units of average daily attendance reported
pursuant to subdivisions (a) and (b) of Section 41601 for all pupils
enrolled in schools operated by the county office or offices that
compose the special education local plan area, or for those county
offices that are a part of more than one special education local plan
area, that portion of the average daily attendance of pupils
enrolled in the schools operated by the county office that are under
the jurisdiction of the special education local plan area.
(b) For the purposes of computing apportionments pursuant to this
chapter for the special education local plan area identified as the
Los Angeles County Juvenile Court and Community School/Division of
Alternative Education Special Education Local Plan Area, the term
"average daily attendance" shall mean the total number of units of
average daily attendance reported for the second principal
apportionment pursuant to subdivisions (a) and (b) of Section 41601
for all pupils enrolled in districts within Los Angeles County and
all schools operated by the Los Angeles County Office of Education
and the districts within Los Angeles County.
(c) "Special education local plan area" includes the school
district or districts and county office or offices of education
composing the special education local plan area.
(d) "The fiscal year in which equalization among special education
local plan areas has been achieved" means the first fiscal year in
which each special education local plan area is funded at or above
the statewide target amount per unit of average daily attendance, as
computed pursuant to Section 56836.11.
(e) For a charter school deemed a local educational agency for the
purposes of special education, an amount equal to the amount
computed pursuant to Section 56836.08 for the special education local
plan area in which the charter school is included shall be
apportioned by the State Department of Education pursuant to the
local allocation plan developed pursuant to subdivision (i) of
Section 56195.7 or 56836.05, or both. If the charter school is a
participant in a local plan which only includes other charter schools
pursuant to subdivision (f) of Section 56195.1, the amount computed
pursuant to Section 56836.11, as adjusted for any amount for which
the special education local plan area is eligible pursuant to the
incidence multiplier set forth in Section 56836.155, shall be
apportioned by the department pursuant for each unit of average daily
attendance reported pursuant to subdivision (a).

56836.07. For the 2004-05 fiscal year and each fiscal year
thereafter for which there is an appropriation in the annual Budget
Act for this purpose, the Superintendent shall allocate funds per
unit of average daily attendance, as defined in Section 56836.06,
reported for the special education local plan area to a special
education local plan area for the purposes of Section 56331. For the
2004-05 fiscal year and each fiscal year thereafter for which there
is an appropriation in the annual Budget Act for this purpose, the
Superintendent shall determine a proportionate share, consistent with
existing law, to the Los Angeles County Juvenile Court and Community
School/Division of Alternative Education Special Education Local
Plan Area based on the ratio of the amount per unit of average daily
attendance determined pursuant to Section 56836.10 to the amount of
the statewide target per unit of average daily attendance determined
pursuant to Section 56836.11.

56836.08. (a) For the 1998-99 fiscal year, the superintendent shall
make the following computations to determine the amount of funding
for each special education local plan area:
(1) Add the amount of funding per unit of average daily attendance
computed for the special education local plan area pursuant to
paragraph (1) of subdivision (a) of Section 56836.10 to the inflation
adjustment computed pursuant to subdivision (d) for the 1998-99
fiscal year.
(2) Multiply the amount computed in paragraph (1) by the units of
average daily attendance reported for the special education local
plan area for the 1997-98 fiscal year, exclusive of average daily
attendance for absences excused pursuant to subdivision (b) of
Section 46010, as that subdivision read on July 1, 1996.
(3) Add the actual amount of the equalization adjustment, if any,
computed for the 1998-99 fiscal year pursuant to Section 56836.14 to
the amount computed in paragraph (2).
(4) Add or subtract, as appropriate, the adjustment for growth
computed pursuant to Section 56836.15 from the amount computed in
paragraph (3).
(b) For the 1999-2000 fiscal year and each fiscal year thereafter,
the superintendent shall make the following computations to
determine the amount of funding for each special education local plan
area for the fiscal year in which the computation is made:
(1) Add the amount of funding per unit of average daily attendance
computed for the special education local plan area for the prior
fiscal year pursuant to Section 56836.10 to the inflation adjustment
computed pursuant to subdivision (d) for the fiscal year in which the
computation is made.
(2) Multiply the amount computed in paragraph (1) by the units of
average daily attendance reported for the special education local
plan area for the prior fiscal year.
(3) Add the actual amount of the equalization adjustment, if any,
computed for the special education local plan area for the fiscal
year in which the computation is made pursuant to Section 56836.14 to
the amount computed in paragraph (2).
(4) Add or subtract, as appropriate, the adjustment for growth or
decline in enrollment, if any, computed for the special education
local plan area for the fiscal year in which the computation is made
pursuant to Section 56836.15 from the amount computed in paragraph
(3).
(c) For the 1998-99 fiscal year and each fiscal year thereafter,
the superintendent shall make the following computations to determine
the amount of General Fund moneys that the special education local
plan area may claim:
(1) Add the total of the amount of property taxes for the special
education local plan area pursuant to Section 2572 for the fiscal
year in which the computation is made to the amount of federal funds
allocated for the purposes of paragraph (1) of subdivision (a) of
Section 56836.09 for the fiscal year in which the computation is
made.
(2) Add the amount of funding computed for the special education
local plan area pursuant to subdivision (a) for the 1998-99 fiscal
year, and commencing with the 1999-2000 fiscal year and each fiscal
year thereafter, the amount computed for the fiscal year in which the
computations were made pursuant to subdivision (b) to the amount of
funding computed for the special education local plan area pursuant
to Article 3 (commencing with Section 56836.16).
(3) Subtract the sum computed in paragraph (1) from the sum
computed in paragraph (2).
(d) For the 1998-99 fiscal year and each fiscal year thereafter,
the superintendent shall make the following computations to determine
the inflation adjustment for the fiscal year in which the
computation is made:
(1) For the 1998-99 fiscal year, multiply the sum of the statewide
target amount per unit of average daily attendance for special
education local plan areas for the 1997-98 fiscal year computed
pursuant to paragraph (3) of subdivision (a) of Section 56836.11 and
the amount determined pursuant to paragraph (e) of Section 56836.155
for the 1997-98 fiscal year that corresponds to the amount determined
pursuant to paragraph (1) of subdivision (d) of Section 56836.155 by
the inflation adjustment computed pursuant to Section 42238.1 for
the 1998-99 fiscal year.
(2) For the 1999-2000 fiscal year and each fiscal year thereafter,
multiply the sum of the statewide target amount per unit of average
daily attendance for special education local plan areas for the prior
fiscal year computed pursuant to Section 56836.11 and the amount
determined pursuant to paragraph (1) of subdivision (d) of Section
56836.155 for the prior fiscal year by the inflation adjustment
computed pursuant to Section 42238.1 for the fiscal year in which the
computation is made.
(3) For the purposes of computing the inflation adjustment for the
special education local plan area identified as the Los Angeles
County Juvenile Court and Community School/Division of Alternative
Education Special Education Local Plan Area for the 1998-99 fiscal
year and each fiscal year thereafter, the superintendent shall
multiply the amount of funding per unit of average daily attendance
computed for that special education local plan area for the prior
fiscal year pursuant to Section 56836.10 by the inflation adjustment
computed pursuant to Section 42238.1 for the fiscal year in which the
computation is being made.
(e) For the 1998-99 fiscal year and each fiscal year thereafter to
and including the 2002-03 fiscal year, the superintendent shall
perform the calculation set forth in Section 56836.155 to determine
the adjusted entitlement for the incidence of disabilities for each
special education local plan area, but this amount shall not be used
in the next fiscal year to determine the base amount of funding for
each special education local plan area for the current fiscal year,
except as specified in this article.

56836.09. For the purpose of computing the amount to apportion to
each special education local plan area for the 1998-99 fiscal year,
the superintendent shall compute the total amount of funding received
by the special education local plan area for the 1997-98 fiscal year
as follows:
(a) Add the following amounts that were received for the 1997-98
fiscal year:
(1) The total amount of federal funds apportioned to the special
education local plan area pursuant to subdivisions (b) and (h) of the
Schedule in Item 6110-161-0890 of Section 2.00 of the Budget Act of
1997 for the purposes of special education for individuals with
exceptional needs enrolled in kindergarten and grades 1 to 12,
inclusive.
(2) The total amount of property taxes allocated to the special
education local plan area pursuant to Section 2572, excluding any
property taxes used to fund a program for individuals with
exceptional needs younger than three years of age in the special
education local plan area for the 1997-98 fiscal year.
(3) The total amount of General Fund moneys allocated to the
special education local plan area pursuant to Chapter 7 (commencing
with Section 56700) plus the total amount received for equalization
pursuant to Chapter 7.1 (commencing with Section 56835), as those
chapters existed on December 31, 1998.
(4) The total amount of General Fund moneys allocated to another
special education local plan area for any pupils with exceptional
needs who are served by the other special education local plan area
but who are residents of the special education local plan area for
which this computation is being made.
(b) Add the following amounts received in the 1997-98 fiscal year:
(1) The total amount determined for the special education local
plan area for the purpose of providing nonpublic, nonsectarian school
services to licensed children's institutions, foster family homes,
residential medical facilities, and other similar facilities for the
1997-98 fiscal year pursuant to Article 3 (commencing with Section
56836.16).
(2) The total amount of General Fund moneys allocated for any
pupils with exceptional needs who are served by the special education
local plan area but who do not reside within the boundaries of the
special education local plan area.
(3) The total amount of General Fund moneys allocated to the
special education local plan area to perform the regionalized
operations and services functions listed in Article 6 (commencing
with Section 56836.23) and to provide the direct instructional
support of program specialists in accordance with Section 56368.
(4) The total amount of General Fund moneys allocated to the
special education local plan area for individuals with exceptional
needs younger than three years of age pursuant to Chapter 7
(commencing with Section 56700), as that chapter existed on December
31, 1998.
(5) The total amount of General Fund moneys allocated to local
educational agencies within the special education local plan area
pursuant to Section 56771, as that section existed on December 31,
1998, for specialized books, materials, and equipment for pupils with
low-incidence disabilities.
(c) Subtract the sum computed in subdivision (b) from the sum
computed in subdivision (a).

56836.095. For the 2001-02 fiscal year, the superintendent shall
make the following computations in the following order:
(a) Calculate and carry out the equalization adjustments
authorized pursuant to Sections 56836.12 and 56836.14.
(b) Complete the calculations required to adjust the statewide
total average daily attendance pursuant to Section 56836.156, and
adjust the statewide target per unit of average daily attendance for
the 2001-02 fiscal year in accordance with this calculation.
(c) Determine and provide the amount of funding required for the
special disabilities adjustment pursuant to Section 56836.155.
(d) Compute and distribute the amount of funding appropriated for
increasing the statewide target amount per unit of average daily
attendance pursuant to Section 56836.158.
(e) Compute and provide a permanent adjustment for each special
education local plan area pursuant to Section 56836.159.

56836.10. (a) The superintendent shall make the following
computations to determine the amount of funding per unit of average
daily attendance for each special education local plan area for the
1998-99 fiscal year:
(1) Divide the amount of funding for the special education local
plan area computed for the 1997-98 fiscal year pursuant to Section
56836.09 by the number of units of average daily attendance,
exclusive of average daily attendance for absences excused pursuant
to subdivision (b) of Section 46010 as that subdivision read on July
1, 1997, reported for the special education local plan area for the
1997-98 fiscal year.
(2) Add the amount computed in paragraph (1) to the inflation
adjustment computed pursuant to subdivision (d) of Section 56836.08
for the 1998-99 fiscal year.
(b) Commencing with the 1999-2000 fiscal year and each fiscal year
thereafter, the superintendent shall make the following computations
to determine the amount of funding per unit of average daily
attendance for each special education local plan area for the fiscal
year in which the computation is made:
(1) For the 1999-2000 fiscal year, divide the amount of funding
for the special education local plan area computed for the 1998-99
fiscal year pursuant to subdivision (a) of Section 56836.08 by the
number of units of average daily attendance upon which funding is
based pursuant to subdivision (a) of Section 56836.15 for the special
education local plan area for the 1998-99 fiscal year.
(2) For the 2000-01 fiscal year, and each fiscal year thereafter,
divide the amount of funding for the special education local plan
area computed for the prior fiscal year pursuant to subdivision (b)
of Section 56836.08 by the number of units of average daily
attendance upon which funding is based pursuant to subdivision (a) of
Section 56836.15 for the special education local plan area for the
prior fiscal year.

56836.11. (a) For the purpose of computing the equalization
adjustment for special education local plan areas for the 1998-99
fiscal year, the Superintendent shall make the following computations
to determine the statewide target amount per unit of average daily
attendance for special education local plan areas:
(1) Total the amount of funding computed for each special
education local plan area exclusive of the amount of funding computed
for the special education local plan area identified as the Los
Angeles County Juvenile Court and Community School/Division of
Alternative Education Special Education Local Plan Area, pursuant to
Section 56836.09 for the 1997-98 fiscal year.
(2) Total the number of units of average daily attendance reported
for each special education local plan area for the 1997-98 fiscal
year, exclusive of average daily attendance for absences excused
pursuant to subdivision (b) of Section 46010 as that section read on
July 1, 1996, and exclusive of the units of average daily attendance
computed for the special education local plan area identified as the
Los Angeles County Juvenile Court and Community School/Division of
Alternative Education Special Education Local Plan Area.
(3) Divide the sum computed in paragraph (1) by the sum computed
in paragraph (2) to determine the statewide target amount for the
1997-98 fiscal year.
(4) Add the amount computed in paragraph (3) to the inflation
adjustment computed pursuant to subdivision (d) of Section 56836.08
for the 1998-99 fiscal year to determine the statewide target amount
for the 1998-99 fiscal year.
(b) Commencing with the 1999-2000 fiscal year to the 2004-05
fiscal year, inclusive, to determine the statewide target amount per
unit of average daily attendance for special education local plan
areas, the Superintendent shall multiply the statewide target amount
per unit of average daily attendance computed for the prior fiscal
year pursuant to this section by one plus the inflation factor
computed pursuant to subdivision (b) of Section 42238.1 for the
fiscal year in which the computation is made.
(c) Commencing with the 2005-06 fiscal year and each fiscal year
thereafter, to determine the statewide target amount per unit of
average daily attendance for special education local plan areas for
the purpose of computing the incidence multiplier pursuant to Section
56836.155, the Superintendent shall add the statewide target amount
per unit of average daily attendance computed for the prior fiscal
year for this purpose to the amount computed in paragraph (2) of
subdivision (d) or paragraph (2) of subdivision (e), as appropriate.
(d) For the 2005-06 fiscal year, the Superintendent shall make the
following computation to determine the statewide target amount per
unit of average daily attendance to determine the inflation
adjustment pursuant to paragraph (2) of subdivision (d) of Section
56836.08 and growth pursuant to subdivision (c) of Section 56836.15,
as follows:
(1) The 2004-05 fiscal year statewide target amount per unit of
average daily attendance less the sum of the 2004-05 fiscal year
total amount of federal funds apportioned pursuant to Schedule (1) in
Item 6110-161-0890 of Section 2.00 of the Budget Act of 2004 for the
purposes of special education for individuals with exceptional needs
enrolled in kindergarten and grades 1 to 12, inclusive, divided by
the total average daily attendance computed for the 2004-05 fiscal
year.
(2) Multiply the amount computed in paragraph (1) by the inflation
factor computed pursuant to subdivision (b) of Section 42238.1 for
the fiscal year in which the computation is made.
(3) Add the amounts computed in paragraphs (1) and (2).
(e) Commencing with the 2006-07 fiscal year and each fiscal year
thereafter, the Superintendent shall make the following computation
to determine the statewide target amount per unit of average daily
attendance for special education local plan areas for the purpose of
computing the inflation adjustment pursuant to paragraph (2) of
subdivision (d) of Section 56836.08 and growth pursuant to
subdivision (c) of Section 56836.15:
(1) The statewide target amount per unit of average daily
attendance computed for the prior fiscal year pursuant to this
section.
(2) Multiply the amount computed in paragraph (1) by the inflation
factor computed pursuant to subdivision (b) of Section 42238.1 for
the fiscal year in which the computation is made.
(3) Add the amounts computed in paragraphs (1) and (2).

56836.12. (a) For the purpose of computing the equalization
adjustment for special education local plan areas for the 1998-99
fiscal year, the superintendent shall make the following computations
to determine the amount that each special education local plan area
that has an amount per unit of average daily attendance that is below
the statewide target amount per unit of average daily attendance may
request as an equalization adjustment:
(1) Subtract the amount per unit of average daily attendance
computed for the special education local plan area pursuant to
subdivision (a) of Section 56836.10 from the statewide target amount
per unit of average daily attendance determined pursuant to
subdivision (a) of Section 56836.11.
(2) If the remainder computed in paragraph (1) is greater than
zero, multiply that remainder by the number of units of average daily
attendance reported for the special education local plan area for
the 1997-98 fiscal year, exclusive of average daily attendance for
absences excused pursuant to subdivision (b) of Section 46010, as
that section read on July 1, 1996.
(b) Commencing with the 1999-2000 fiscal year, through and
including the fiscal year in which equalization among the special
education local plan areas has been achieved, the superintendent
shall make the following computations to determine the amount that
each special education local plan area that has an amount per unit of
average daily attendance that is below the statewide target amount
per unit of average daily attendance may request as an equalization
adjustment:
(1) Add to the amount per unit of average daily attendance
computed for the special education local plan area pursuant to
subdivision (b) of Section 56836.10 for the fiscal year in which the
computation is made the inflation adjustment computed pursuant to
subdivision (d) of Section 56836.08 for the fiscal year in which the
computation is made.
(2) Subtract the amount computed pursuant to paragraph (1) from
the statewide target amount per unit of average daily attendance
computed pursuant to subdivision (b) of Section 56836.11 for the
fiscal year in which the computation is made.
(3) If the remainder computed in paragraph (2) is greater than
zero, multiply that remainder by the number of units of average daily
attendance reported for the special education local plan area for
the prior fiscal year, exclusive of average daily attendance for
absences excused pursuant to subdivision (b) of Section 46010, as
that section read on July 1, 1996.
(c) This section shall not apply to the special education local
plan area identified as the Los Angeles County Juvenile Court and
Community School/Division of Alternative Education Special Education
Local Plan Area.

56836.13. Commencing with the 1998-99 fiscal year, through and
including the fiscal year in which equalization among the special
education local plan areas has been achieved, the superintendent
shall make the following computations to determine the amount
available for making equalization adjustments for the fiscal year in
which the computation is made:
(a) Subtract the prior fiscal year funds pursuant to paragraph (1)
of subdivision (c) of Section 56836.08 from the current fiscal year
funds pursuant to paragraph (1) of subdivision (c) of Section
56836.08.
(b) The amount of any increase in federal funds computed pursuant
to subdivision (a) shall result in a reduction in state general funds
computed pursuant to paragraph (3) of subdivision (c) of Section
56836.08. This is the amount of state general funds that shall be
designated in the annual Budget Act for the purpose of Section
56836.12, as augmented by any deficiency appropriation, for the
purposes of equalizing funding for special education local plan areas
pursuant to this chapter.
(c) Until the actual amount of any increase in federal funds
pursuant to subdivision (a) can be determined for the current fiscal
year, equalization apportionments pursuant to Section 56836.12 shall
be certified based on the authority available in Item 6110-161-0001
of the Budget Act of 1998, or its successor in the annual Budget Act.

56836.14. Commencing with the 1998-99 fiscal year, through and
including the fiscal year in which equalization among the special
education local plan areas has been achieved, the superintendent
shall make the following computations to determine the actual amount
of the equalization adjustment for each special education local plan
area that has an amount per unit of average daily attendance that is
below the statewide target amount per unit of average daily
attendance:
(a) Add the amount determined for each special education local
plan area pursuant to Section 56836.12 for the fiscal year in which
the computation is made to determine the total statewide aggregate
amount necessary to fund each special education local plan area at
the statewide target amount per unit of average daily attendance for
special education local plan areas.
(b) Divide the amount computed in subdivision (a) by the amount
computed pursuant to Section 56836.13 to determine the percentage of
the total amount of funds necessary to fund each special education
local plan area at the statewide target amount per unit of average
daily attendance for special education local plan areas that are
actually available for that purpose.
(c) To determine the amount to allocate to the special education
local plan area for a special education local plan area equalization
adjustment, multiply the amount computed for the special education
local plan area pursuant to Section 56836.12, if any, by the
percentage determined in subdivision (b).

56836.15. (a) In order to mitigate the effects of any declining
enrollment, commencing in the 1998-99 fiscal year, and each fiscal
year thereafter, the superintendent shall calculate allocations to
special education local plan areas based on the average daily
attendance reported for the special education local plan area for the
fiscal year in which the computation is made or the prior fiscal
year, whichever is greater. However, the prior fiscal year average
daily attendance reported for the special education local plan area
shall be adjusted for any loss or gain of average daily attendance
reported for the special education local plan area due to a
reorganization or transfer of territory in the special education
local plan area.
(b) For the 1998-99 fiscal year only, the prior year average daily
attendance used in this section shall be the 1997-98 average daily
attendance reported for the special education local plan area,
exclusive of average daily attendance for absences excused pursuant
to subdivision (b) of Section 46010, as that section read on July 1,
1996.
(c) If in the fiscal year for which the computation is made, the
number of units of average daily attendance upon which allocations to
the special education local plan area are based is greater than the
number of units of average daily attendance upon which allocations to
the special education local plan area were based in the prior fiscal
year, the special education local plan area shall be allocated a
growth adjustment equal to the product determined by multiplying the
amounts determined under paragraphs (1) and (2).
(1) The statewide target amount per unit of average daily
attendance for special education local plan areas determined pursuant
to Section 56836.11, added to the amount determined in paragraph (1)
of subdivision (d) of Section 56836.155.
(2) The difference between the number of units of average daily
attendance upon which allocations to the special education local plan
area are based for the fiscal year in which the computation is made
and the number of units of average daily attendance upon which
allocations to the special education local plan area were based for
the prior fiscal year.
(d) If in the fiscal year for which the computation is made, the
number of units of average daily attendance upon which allocations to
the special education local plan area are based is less than the
number of units of average daily attendance upon which allocations to
the special education local plan area were based in the prior fiscal
year, the special education local plan area shall receive a funding
reduction equal to the product determined by multiplying the amounts
determined under paragraphs (1) and (2):
(1) The amount of funding per unit of average daily attendance
computed for the special education local plan area for the prior
fiscal year.
(2) The difference between the number of units of average daily
attendance upon which allocations to the special education local plan
area are based for the fiscal year in which the computation is made
and the number of units of average daily attendance upon which
allocations to the special education local plan area were based for
the prior fiscal year.
(e) If, in the fiscal year for which the computation is made, the
number of units of average daily attendance upon which the
allocations to the special education local plan area identified as
the Los Angeles County Juvenile Court and Community School/Division
of Alternative Education Special Education Local Plan Area are based
is greater than the number of units of average daily attendance upon
which the allocations to that special education local plan area were
based in the prior fiscal year, that special education local plan
area shall be allocated a growth adjustment equal to the product
determined by multiplying the amounts determined under paragraphs (1)
and (2).
(1) The amount of funding per unit of average daily attendance
computed for the special education local plan area for the prior
fiscal year pursuant to Section 56836.10 multiplied by one plus the
inflation adjustment computed pursuant to Section 42238.1 for the
fiscal year in which the computation is being made.
(2) The difference between the number of units of average daily
attendance upon which allocations to the special education local plan
area are based for the fiscal year in which the computation is made
and the number of units of average daily attendance upon which
allocations to the special education local plan area were based for
the prior fiscal year.