BILL NUMBER: AB 1649 CHAPTERED 09/29/03 CHAPTER 584 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2003 APPROVED BY GOVERNOR SEPTEMBER 28, 2003 PASSED THE ASSEMBLY SEPTEMBER 9, 2003 PASSED THE SENATE SEPTEMBER 4, 2003 AMENDED IN SENATE SEPTEMBER 2, 2003 AMENDED IN SENATE JULY 17, 2003 AMENDED IN ASSEMBLY MAY 12, 2003 INTRODUCED BY Assembly Member Simitian FEBRUARY 21, 2003 An act to amend Sections 56836.16 and 56836.17 of, and to add Section 56836.175 to, the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGEST AB 1649, Simitian. Special education: skilled nursing facilities. Existing law requires the Superintendent of Public Instruction to apportion moneys to a school district and county superintendent to fund costs associated with placing a pupil in a nonpublic, nonsectarian school or agency for the purpose of providing special education instruction, designated instruction and services, or both. Existing law also authorizes the superintendent to reimburse a school district and county superintendent for costs associated with the assessment and identification of those pupils. This bill would extend that requirement and authorization for the purpose of funding costs associated with providing services to a pupil in a skilled nursing facility, as defined, when the pupil is directly served by a school district with an average daily attendance less than 3,000. This bill would make other technical and conforming changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 56836.16 of the Education Code is amended to read: 56836.16. (a) For the 1998-99 fiscal year and each fiscal year thereafter, the superintendent shall apportion to each school district and county superintendent providing programs pursuant to Article 5 (commencing with Section 56155) of Chapter 2 an amount equal to the difference, if any, between (1) the costs of master contracts with nonpublic, nonsectarian schools and agencies to provide special education instruction, designated instruction and services, or both, to pupils in licensed children's institutions, foster family homes, residential medical facilities, and other similar facilities funded under this chapter, plus the costs of special education instruction, designated instruction and services, or both, provided directly by a school district with less than 3,000 average daily attendance, to pupils who reside in a skilled nursing facility, and (2) the state income received by the district or county superintendent for providing these programs. The sum of the excess cost, plus any state or federal income for these programs, may not exceed the cost of master contracts with nonpublic, nonsectarian schools and agencies to provide special education and designated instruction and services for these pupils, nor may it exceed the cost of providing special education instruction, designated instruction and services to pupils who reside in a skilled nursing facility, as determined by the superintendent. (b) The cost of master contracts with nonpublic, nonsectarian schools and agencies, or the cost of providing special education instruction, designated instruction and services to pupils who reside in a skilled nursing facility, that a school district or county office of education reports under this section may not include any of the following costs that a school district, county office of education, or special education local plan area may incur: (1) Administrative or indirect costs for the local educational agency. (2) Direct support costs for the local educational agency. (3) Transportation costs provided either directly, or through a nonpublic, nonsectarian school or agency master contract or individual services agreement for use of services or equipment owned, leased, or contracted, by a school district, special education local plan area, or county office of education for any pupils enrolled in nonpublic, nonsectarian schools or agencies, unless provided directly or subcontracted by that nonpublic, nonsectarian school or agency pursuant to subdivisions (a) and (b) of Section 56366. (4) Costs for services routinely provided by the school district or county office of education including all of the following, unless the board grants a waiver under Section 56101: (A) School psychologist services, other than those described in Sections 56324 and 56363 and included in a master contract and individual services agreement under subdivision (a) of Section 56366, and other than those provided directly by a school district pursuant to the individualized education program of a pupil residing in a skilled nursing facility. (B) School nurse services, other than those described in Sections 49423.5, 56324, and 56363 and included in a master contract and individual services agreement under subdivision (a) of Section 56366, and other than those provided directly by a school district pursuant to the individualized education program of a pupil residing in a skilled nursing facility. (C) Language, speech, and hearing services, other than those included in a master contract and individual services agreement under subdivision (a) of Section 56366, and other than those provided directly by a school district pursuant to the individualized education program of a pupil residing in a skilled nursing facility. (D) Modified, specialized, or adapted physical education services other than those included in a master contract and individual services agreement under subdivision (a) of Section 56366, and other than those provided directly by a school district pursuant to the individualized education program of a pupil residing in a skilled nursing facility. (E) Other services not specified by a pupil's individualized education program or funded by the state on a caseload basis. (5) Costs for nonspecial education programs or settings, including those provided for individuals with exceptional needs between the ages of birth and five years, inclusive, pursuant to Sections 56431 and 56441.8. (6) Costs for nonpublic, nonsectarian school or agency placements outside of the state, unless placement of the pupil is done pursuant to subdivisions (e) and (f) of Section 56365. (7) Costs for related nonpublic, nonsectarian school pupil assessments by a school psychologist or school nurse pursuant to Sections 56320 and 56324. (8) Costs for services that the nonpublic, nonsectarian school or agency is not certified to provide. (9) Costs for services provided by personnel who do not meet the requirements specified in subdivision (k) of Section 56366.1. (10) Costs for services provided by public school employees, unless those services are provided pursuant to the individualized education program of a pupil residing in a skilled nursing facility. (c) A nonpublic, nonsectarian school or agency shall not claim and is not entitled to receive reimbursement for attendance unless the site where the pupil is receiving special education or designated instruction and services is certified. SEC. 2. Section 56836.17 of the Education Code is amended to read: 56836.17. (a) The superintendent may reimburse each school district and county office of education providing programs pursuant to Article 5 (commencing with Section 56155) of Chapter 2 for assessment and identification costs for pupils who reside in licensed children's institutions, foster family homes, residential medical facilities, and other similar facilities who are placed in state-certified nonpublic, nonsectarian schools. The superintendent may also reimburse each school district and county office of education for assessment and identification costs for pupils who reside in a skilled nursing facility and are served directly by a school district with less than 3,000 average daily attendance. (b) Actual costs under this section shall not include either administrative or indirect costs, or any proration of support costs. (c) The total amount reimbursed statewide under this section shall not exceed the amount appropriated for these purposes in any fiscal year. If the superintendent determines that this amount is insufficient to reimburse all claims, the superintendent shall prorate the deficiency among all school districts or county offices of education submitting claims. SEC. 3. Section 56836.175 is added to the Education Code, to read: 56836.175. For purposes of this article, a "skilled nursing facility" shall have the same meaning as specified in Section 1250 of the Health and Safety Code, and shall be under contract with the State Department of Health Services to provide pediatric subacute care.