SECTIONS 56836.155-56836.159 - California Statutes

EDUCATION CODE

SECTION 56836.155-56836.159

56836.155. (a) On or before November 2, 1998, the department, in
conjunction with the Legislative Analyst's Office, shall do the
following:
(1) Calculate an "incidence multiplier" for each special education
local plan area using the definition, methodology, and data provided
in the final report submitted by the American Institutes for
Research pursuant to Section 67 of Chapter 854 of the Statutes of
1997.
(2) Submit the incidence multiplier for each special education
local plan area and supporting data to the Department of Finance.
(b) The Department of Finance shall review the incidence
multiplier for each special education local plan area and the
supporting data, and report any errors to the department and the
Legislative Analyst's Office for correction.
(c) The Department of Finance shall approve the final incidence
multiplier for each special education local plan area by November 23,
1998.
(d) For the 1998-99 fiscal year and each fiscal year thereafter to
and including the 2010-11 fiscal year, the Superintendent shall
perform the following calculation to determine the adjusted
entitlement of each special education local plan area for the
incidence of disabilities:
(1) The incidence multiplier for the special education local plan
area shall be multiplied by the statewide target amount per unit of
average daily attendance for special education local plan areas
determined pursuant to Section 56836.11 for the fiscal year in which
the computation is made.
(2) The amount determined pursuant to paragraph (1) shall be added
to the statewide target amount per unit of average daily attendance
for special education local plan area determined pursuant to Section
56836.11 for the fiscal year in which the computation is made.
(3) Subtract the amount of funding for the special education local
plan area determined pursuant to paragraph (1) of subdivision (a) or
paragraph (1) of subdivision (b) of Section 56836.08, as appropriate
for the fiscal year in which the computation is made, or the
statewide target amount per unit of average daily attendance for
special education local plan areas determined pursuant to Section
56836.11 for the fiscal year in which the computation is made,
whichever is greater, from the amount determined pursuant to
paragraph (2). For the purposes of this paragraph for the 2002-03,
2003-04, 2004-05, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, and
2010-11 fiscal years, the amount, if any, received pursuant to
Section 56836.159 shall be excluded from the funding level per unit
of average daily attendance for a special education local plan area.
If the result is less than zero, the special education local plan
area shall not receive an adjusted entitlement for the incidence of
disabilities.
(4) Multiply the amount determined in paragraph (3) by either the
average daily attendance reported for the special education local
plan area for the fiscal year in which the computation is made, as
adjusted pursuant to subdivision (a) of Section 56836.15, or the
average daily attendance reported for the special education local
plan area for the prior fiscal year, as adjusted pursuant to
subdivision (a) of Section 56826.15, whichever is less.
(5) If there are insufficient funds appropriated in the fiscal
year for which the computation is made for the purposes of this
section, the amount received by each special education local plan
area shall be prorated.
(e) For the 1997-98 fiscal year, the Superintendent shall perform
the calculation in paragraphs (1) to (3), inclusive, of paragraph (d)
only for the purposes of making the computation in paragraph (1) of
subdivision (d) of Section 56836.08, but the special education local
plan area shall not receive an adjusted entitlement for the incidence
of disabilities pursuant to this section for the 1997-98 fiscal
year.
(f) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.

56836.156. (a) The Superintendent of Public Instruction shall
determine the statewide total average daily attendance used for the
purposes of Section 56836.08 for the 2001-02 fiscal year. For the
purposes of this calculation, the 2000-01 second principal average
daily attendance for the court, community school, and special
education programs served by the Los Angeles County Juvenile Court
and Community School/Division of Alternative Education Special
Education Local Plan Area shall be used in lieu of the average daily
attendance used for that agency for the purposes of Section 56836.08.
(b) The superintendent shall divide one hundred million dollars
($100,000,000) by the amount determined pursuant to subdivision (a).
(c) For each special education local plan area, the superintendent
shall permanently increase the amount per unit of average daily
attendance determined pursuant to subdivision (b) of Section 56836.08
for the 2001-02 fiscal year by the quotient determined pursuant to
subdivision (b). This increase shall be effective beginning in the
2001-02 fiscal year.
(d) Notwithstanding subdivision (c), for the Los Angeles County
Juvenile Court and Community School/Division of Alternative Education
Special Education Local Plan Area, the superintendent shall
permanently increase the amount per unit of average daily attendance
determined pursuant to subdivision (b) of Section 56836.08 by the
ratio of the amount determined pursuant to subdivision (b) to the
statewide target per unit of average daily attendance determined
pursuant to Section 56836.11 for the 2000-01 fiscal year. This
increase shall be effective beginning in the 2001-02 fiscal year.
(e) The superintendent shall increase the statewide target per
unit of average daily attendance determined pursuant to Section
56836.11 for the 2001-02 fiscal year by the amount determined
pursuant to subdivision (b).
(f) The funds provided in subdivisions (a) to (e), inclusive,
shall be used for the costs of any state-mandated special education
programs and services established pursuant to Sections 56000 to
56885, inclusive, and Sections 3000 to 4671, inclusive, of Title 5 of
the California Code of Regulations, as those sections read on or
before July 1, 2000. These funds shall be considered in full
satisfaction of, and are in lieu of, any reimbursable mandate claims
relating to special education programs and services, with the
exception of the programs and services delineated in subdivision (g).
By providing this funding, the state in no way concedes the
existence of any unfunded special education reimbursable mandate.
These funds shall be used exclusively for programs operated under
this part and, as a first priority, for the following programs, which
shall be deemed to be fully funded within the meaning of subdivision
(e) of Section 17556 of the Government Code:
(1) Community advisory committees established pursuant to Sections
56190 to 56192, inclusive, and Section 56194, as these sections read
on July 1, 2000.
(2) Governance structure established pursuant to subdivision (a)
of Section 56195.3, as this section read on July 1, 2000.
(3) Enrollment caseloads established pursuant to subdivision (c)
of Section 56362, and Section 56363.3, as these sections read on July
1, 2000.
(4) Extended school year established pursuant to subdivision (d)
of Section 3043 of Title 5 of the California Code of Regulations, as
this section read on July 1, 2000.
(5) Resource specialist program established pursuant to
subdivisions (d), (e), and (f) of Section 56362, as this section read
on July 1, 2000.
(6) Maximum age limit established pursuant to paragraph (4) of
subdivision (c) of Section 56026, as this section read on July 1,
2000.
(7) Interim placements established pursuant to subdivision (b) of
Section 56325, as this section read on July 1, 2000, and Section 3067
of Title 5 of the California Code of Regulations, as this section
read on December 31, 1994.
(8) Written consent established pursuant to Sections 56321 and
56346, as these sections read on July 1, 2000.
(9) Preschool transportation programs for ages 3 to 5, inclusive,
not requiring intensive services (Not-RIS) established pursuant to
Section 56441.14, as this section read on July 1, 2000.
(10) Special education for pupils ages 3 to 5, inclusive, and 18
to 21, inclusive, established pursuant to Section 56026, as this
section read on July 1, 2000.
(11) With the exception of the programs delineated in subdivision
(g), any other state-mandated special education programs and services
established by Sections 56000 to 56885, inclusive, and Sections 3000
to 4671, inclusive, of Title 5 of the California Code of
Regulations, as those sections read on or before July 1, 2000,
whether or not such a mandate has been found by the Commission on
State Mandates. Pursuant to subdivision (e) of Section 17556 of the
Government Code, these funds shall be deemed to be additional revenue
specifically intended to fund the costs of any such state-mandated
special education programs and services.
(g) Notwithstanding subdivision (f), the following existing
mandate test claim remains subject to the normal mandate procedure,
including judicial review, if any: behavioral interventions
established pursuant to Section 56523 and Sections 3001 and 3052 of
Title 5 of the California Code of Regulations, as those sections read
on July 1, 2000 (CSM-4464 filed by the San Diego Unified School
District, the San Joaquin County Office of Education, and the Butte
County Office of Education). The exclusion of this claim from
subdivision (f) in no way constitutes a concession by the state that
any unfunded special education mandate exists.
(h) Within the meaning of subdivision (e) of Section 17556 of the
Government Code, the funds appropriated for purposes of this section
are not specifically intended to fund any state-mandated special
education programs and services resulting from amendments enacted
after July 1, 2000, to any of the following statutes and regulations:
(1) The Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.), if the amendments result in circumstances where
state law exceeds federal law.
(2) Federal regulations implementing the Individuals with
Disabilities Education Act (34 C.F.R. 300 and 303), if the amendments
result in circumstances where state law exceeds federal law.
(3) Part 30 (commencing with Section 56000).
(4) Sections 3000 to 4671, inclusive, of Title 5 of the California
Code of Regulations.
(i) State funds otherwise allocated to each special education
local plan area pursuant to Chapter 7.2 (commencing with Section
56836) of Part 30 and appropriated through the annual Budget Act
shall supplement and not supplant these funds.

56836.157. (a) Commencing with the 2001-02 fiscal year to the
2010-11 fiscal year, inclusive, the amount of twenty-five million
dollars ($25,000,000) shall be appropriated, on a one-time basis each
fiscal year, from the General Fund for allocation to school
districts on a per pupil basis. The Superintendent of Public
Instruction shall compute the amount per pupil by dividing
twenty-five million dollars ($25,000,000) by the total average daily
attendance, excluding attendance for regional occupational centers
and programs, adult education, and programs operated by the county
superintendents of schools, for all pupils in kindergarten through
grade 12 in all school districts as used by the Superintendent of
Public Instruction for the second principal apportionment for the
1999-2000 fiscal year. Each school district's allocation shall equal
the per pupil amount times the district's average daily attendance as
reported to the Superintendent of Public Instruction for the second
principal apportionment for the 1999-2000 fiscal year. The amount
allocated to each school district shall be the same in all subsequent
fiscal years as it is in the first fiscal year.
(1) In any fiscal year in which the provisions of paragraph (3) of
subdivision (b) of Section 8 of Article XVI of the California
Constitution are operative, the annual appropriation shall not be
required to be made.
(2) The Director of Finance shall notify, in writing, the fiscal
committees of both houses of the Legislature, the Controller, and the
Superintendent of Public Instruction no later than May 14 that the
appropriation for the following fiscal year is not required, pursuant
to paragraph (1). If an appropriation is not made for a specific
fiscal year, or years, it shall instead be made in the fiscal year,
or years, immediately succeeding the final payment pursuant to
subdivision (a).
(b) (1) From the funds appropriated for purposes of this section
in subdivision (b) of Section 4 of the act adding this section, the
Superintendent of Public Instruction shall allocate the following:
(A) From the appropriation provided by subdivision (b) of Section
4 of the act adding this section, the amount of ten million eight
hundred thousand dollars ($10,800,000) shall be allocated by the
superintendent to county offices of education on an equal per pupil
amount. The superintendent shall determine the per pupil amount by
dividing ten million eight hundred thousand dollars ($10,800,000) by
the total statewide county special education pupil count only,
reported by county offices of education as of December 1999. The
allotment for each county office of education shall be the per pupil
amount times the county's special education pupil count reported as
of December 1999.
(B) From the appropriation provided by subdivision (b) of Section
4 of the act adding this section, the amount of two million seven
hundred thousand dollars ($2,700,000) shall be allocated by the
superintendent to SELPAs that existed for the 1999-2000 fiscal year.
The superintendent shall determine the amount of each agency's
allotment by dividing the two million seven hundred thousand dollars
($2,700,000) by the total statewide special education pupil count as
of December 1999. The allotment for each agency shall be the
statewide per pupil amount times the SELPA's special education pupil
count reported as of December 1999. The superintendent shall adjust
the computations in such a manner as to ensure that the minimum
allotment to each SELPA is at least ten thousand dollars ($10,000).
(C) From the appropriation provided by subdivision (b) of Section
4 of the act adding this section, the amount of six million dollars
($6,000,000) shall be allocated by the superintendent to the
Riverside County Office of Education.
(2) The superintendent shall compute a per pupil amount from the
balance of the appropriation provided by subdivision (b) of Section 4
of the act adding this section, after the appropriation has been
reduced by the amounts in paragraph (1), by dividing the remaining
portion of the appropriation by the total average daily attendance,
excluding attendance for regional occupational centers and programs,
adult education, and programs operated by the county superintendents
of schools, for all pupils in kindergarten through grade 12 in all
school districts as used by the Superintendent of Public Instruction
for the second principal apportionment for the 1999-2000 fiscal year.
The superintendent shall apportion to each school district an
amount equal to the per pupil amount times the district's reported
average daily attendance for the second principal apportionment for
the 1999-2000 fiscal year, excluding attendance for regional
occupational centers and programs, adult education, and programs
operated by the county superintendent of schools.
(c) The amounts appropriated by subdivisions (a) and (b) of
Section 4 of the act adding this section are in full satisfaction and
in lieu of mandate claims resulting from the Commission on State
Mandates cases identified as (1) Riverside County Superintendent of
Schools, et al., CSM-3986 on remand from the Superior Court of
Sacramento County, No. 352795, and (2) Long Beach Unified School
District, CSM-3986A (consolidated with the Santa Barbara County
Superintendent of Schools, SB 90-3453).

56836.158. (a) (1) The superintendent shall determine the statewide
total average daily attendance used for the purposes of Section
56836.08 for the 2000-01 fiscal year. For the purposes of this
calculation, the 2000-01 second principal average daily attendance
for the court, community school, and special education programs
served by the Los Angeles County Juvenile Court and Community
School/Division of Alternative Education special education local plan
area shall be used in lieu of the average daily attendance used for
that agency for the purposes of Section 56836.08.
(2) The superintendent shall distribute the amount appropriated
for purposes of this section from the Budget Act of 2001. The
superintendent shall divide that amount of funding by the amount
calculated in paragraph (1).
(3) For each special education local plan area, the superintendent
shall permanently increase the amount per unit of average daily
attendance determined pursuant to paragraph (2) of Section 56836.10
for the 2001-02 fiscal year by the quotient determined pursuant to
paragraph (2) of this section. This increase shall be effective
beginning in the 2001-02 fiscal year.
(4) Notwithstanding paragraph (3), for the Los Angeles County
Juvenile Court and Community School/Division of Alternative Education
special education local plan area, the superintendent shall
permanently increase the amount per unit of average daily attendance
determined pursuant to paragraph (2) of Section 56836.10 by the ratio
of the amount determined pursuant to paragraph (2) to the statewide
target per unit of average daily attendance determined pursuant to
Section 56836.11 for the 2000-01 fiscal year. This increase shall be
effective beginning in the 2001-02 fiscal year.
(5) The superintendent shall increase the statewide target per
unit of average daily attendance determined pursuant to Section
56836.11 for the 2001-02 fiscal year by the amount determined
pursuant to paragraph (2).
(b) (1) The superintendent shall determine the statewide total
average daily attendance used for the purposes of Section 56836.08
for the 2001-02 fiscal year. For the purposes of this calculation,
the 2001-02 second principal average daily attendance for the court,
community school, and special education programs served by the Los
Angeles County Juvenile Court and Community School/Division of
Alternative Education special education local plan area shall be used
in lieu of the average daily attendance used for that agency for the
purposes of Section 56836.08.
(2) The superintendent shall distribute the amount appropriated
for purposes of this section from the Budget Act of 2002. The
superintendent shall divide that amount of funding by the amount
calculated in paragraph (1).
(3) For each special education local plan area, the superintendent
shall permanently increase the amount per unit of average daily
attendance determined pursuant to paragraph (2) of Section 56836.10
for the 2002-03 fiscal year by the quotient determined pursuant to
paragraph (2). This increase shall be effective commencing in the
2002-03 fiscal year.
(4) Notwithstanding paragraph (3), for the Los Angeles County
Juvenile Court and Community School/Division of Alternative Education
special education local plan area, the superintendent shall
permanently increase the amount per unit of average daily attendance
determined pursuant to paragraph (2) of Section 56836.10 by the ratio
of the amount determined pursuant to paragraph (2) to the statewide
target per unit of average daily attendance determined pursuant to
Section 56836.11 for the 2001-02 fiscal year. This increase shall be
effective commencing in the 2002-03 fiscal year.
(5) The superintendent shall increase the statewide target per
unit of average daily attendance determined pursuant to Section
56836.11 for the 2002-03 fiscal year by the amount determined
pursuant to paragraph (2).

56836.159. (a) For the 2001-02 fiscal year, the superintendent
shall compute a permanent adjustment for each special education local
plan area as determined by this section.
(b) The superintendent shall rank each special education local
plan area by its funding level per unit of average daily attendance
as determined by dividing the amount calculated for each special
education local plan area for the 2001-02 fiscal year pursuant to
Section 56836.08 plus the amount provided to each special education
local plan area pursuant to subdivision (c) of Section 56836.158 by
each special education local plan area's average daily attendance
upon which funding is based for the 2001-02 fiscal year pursuant to
Section 56836.15.
(c) The superintendent shall increase the special education local
plan areas with the lowest level of funding per unit of average daily
attendance as determined in subdivision (b) to that of the special
education local plan area with the next highest level of funding per
unit of average daily attendance by allocating an amount from that
available for this purpose from the Budget Act to the lowest level
special education local plan areas. The amount to be allocated shall
equal the difference between the funding level per unit of average
daily attendance of the lowest level special education local plan
areas and the next highest level special education local plan area
multiplied by the average daily attendance upon which funding is
based for the 2001-02 fiscal year pursuant to Section 56836.15 of the
lowest level special education local plan areas.
(d) If there is additional funding available after the allocation
pursuant to subdivision (c), the allocation pursuant to subdivision
(c) shall be repeated until all the funds appropriated for this
purpose in the Budget Act have been used. If the amount appropriated
for the purposes of this section from the 2001-02 Budget Act is not
sufficient to fully fund the allocation pursuant to subdivision (c),
then the funding provided to each special education local plan area
in the last iteration pursuant to subdivision (c) shall be prorated.
(e) The amount, if any, computed pursuant to subdivision (c) and
subdivision (d) for each special education local plan area shall be a
permanent increase and shall, commencing in the 2002-03 fiscal year,
be included in the prior year amount determined pursuant to
paragraph (2) of subdivision (b) of Section 56836.10.