BILL NUMBER: AB 184	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 18, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN SENATE  AUGUST 17, 2010
	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN SENATE  SEPTEMBER 4, 2009

INTRODUCED BY   Assembly Member Block
   (Coauthor: Assembly Member Fuentes)
   (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, Block. Special education funding.
   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.


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 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.
  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.