BILL NUMBER: AB 184	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2010
	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN SENATE  SEPTEMBER 4, 2009

INTRODUCED BY   Assembly  Members   Block
    and V. Manuel Perez 
 Member   Block 
    (  Coauthor:   Assembly Member  
Fuentes   ) 
   (  Coauthor:   Senator  
Price   Coauthors:   Senators  
Ducheny   and Padilla  )

                        FEBRUARY 2, 2009

   An act to amend  and repeal  Section 56836.155 of the
Education Code, relating to special education, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 184, as amended, Block. Special education funding. 
   Existing law requires the Superintendent of Public Instruction,
through the 2008-09 fiscal year, to perform a specified calculation
to determine the adjusted entitlement of each special education local
plan area for the incidence of disabilities.  
   This bill would extend the requirements of the Superintendent to
perform the calculation and adjust the funding through the 2009-10
fiscal year and would specify that the calculation and adjustment
also apply to the 2009-10 fiscal year.  
   Existing law adjusts funding for individuals with exceptional
needs based on an incidence multiplier, as defined, for each special
education local plan area.  
   This bill would continue the current special education incidence
factor formula through the 2010-11 fiscal year. The bill would make
the adjustment inoperative on July 1, 2011, and repeal it on January
1, 2012. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 56836.155 of the  
Education Code   is amended to read: 
   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  2008-09   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,  and 
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.
 
  SECTION 1.    Section 56836.155 of the Education
Code is amended to read:
   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 2009-10 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, and 2009-10
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) The Superintendent shall perform the calculation in
subdivision (d) for the 2009-10 fiscal year and shall adjust the
entitlement of each special education local plan area for the
incidence of disabilities regardless of when the changes in this
section made during the 2009-10 Regular Session become operative.

  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   Unless an entitlement is provided for the 2009-10 school year,
school districts will face financial hardship if they are required to
return funds to the department that were distributed to them in
error; therefore it is necessary that this act go into immediate
effect.