BILL NUMBER: AB 108	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 7, 2011
	AMENDED IN SENATE  JUNE 28, 2011
	AMENDED IN SENATE  MARCH 14, 2011

INTRODUCED BY   Committee on Budget (Blumenfield (Chair), Alejo,
Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)

                        JANUARY 10, 2011

    An act to amend Sections 10752.2, 11001.5, 11003, and
11005 of, and to amend and repeal Sections 10752 and 10752.1 of, the
Revenue and Taxation Code, to amend Section 9250 of the Vehicle Code,
and to amend Section 17604 of the Welfare and Institutions Code,
relating to vehicles, and making an appropriation therefor, to take
effect immediately, bill related to the budget.   An act
to amend Item 6110-161-0001 of Section 2.00 of the Budget Act of
2011, and to amend Section 76300 of the Education Code, making an
appropriation therefor, to take effect immediately, bill related to
the budget. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 108, as amended, Committee on Budget.  Vehicles:
Vehicle license fee and registration fee.   Education.
 
   Existing law requires the governing board of each community
college district to charge each student a fee, and sets that fee at
$36 per unit per semester. Existing law requires this fee to be
raised to $46 per unit per semester, effective with the fall term of
the 2011-12 academic year, if a provision of the Budget Act of 2011
becomes operative that requires the Director of Finance to reduce
specified appropriations if he or she determines that the higher of 2
specified state revenue forecasts does not meet one or both of
certain thresholds.  
   This bill would specify that the raising of this fee to $46 per
unit per semester would occur if the higher revenue forecast projects
General Fund revenues for the 2011-12 fiscal year of less than
$87,452,500,000. The bill would further specify that this fee
increase, if it occurs, would be effective with the winter term,
rather than the fall term, of the 2011-12 academic year.  
   The Budget Act of 2011 (Chapter 33 of the Statutes of 2011)
appropriated moneys from the General Fund to the State Department of
Education for, among other things, special education instruction
during the 2011-12 fiscal year.  
   This bill would amend the Budget Act of 2011 by reducing the
amount of moneys appropriated from the General Fund to the State
Department of Education for special education instruction.  

   This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill. 

   (1) Existing law requires the amount appropriated by the
Legislature for the use of the Department of Motor Vehicles (DMV) and
the Franchise Tax Board (FTB) for the enforcement of the Vehicle
License Fee Law to be calculated as specified and transferred from
the Motor Vehicle License Fee Account in the Transportation Tax Fund
to the Motor Vehicle Account in the State Transportation Fund.
 
   This bill would instead require the Legislature to determine and
appropriate annually an amount for the use of the DMV and the FTB for
the enforcement of the Vehicle License Fee Law. The bill would deem,
for the 2011-12 fiscal year, $25,000,000 as the cost to the DMV for
the collection of the motor vehicle license fee.  
   (2) Existing law requires the moneys in the Motor Vehicle License
Fee Account in the Transportation Tax Fund that remain unexpended at
the close of business on the last day of each calendar month be
allocated by the Controller by the 10th day of the following month
for specified purposes.  
   This bill would instead require the Controller, on and after July
1, 2011, to allocate those moneys to the Local Law Enforcement
Services Account in the Local Revenue Fund 2011 for allocation to
cities, counties, and cities and counties.  
   (3) Existing law requires the DMV to charge a registration fee of
$31 on every vehicle or trailer coach, as specified. 

   This bill would require the DMV, on July 1, 2011, and thereafter,
to charge a registration fee of $43 on every vehicle or trailer
coach, as specified, with the proceeds from the increase to be used
only in connection with the regulation of vehicles. 

   (4) The Vehicle License Fee Law, in lieu of any ad valorem
property tax upon vehicles, imposes an annual license fee for any
vehicle subject to registration in this state in the amount of 1% of
the market value of that vehicle, as provided, for a specified amount
of time. Existing law also, until June 30, 2011, imposes an
additional tax equal to 0.15% of the market value of specified
vehicles, as determined by the Department of Motor Vehicles, to the
vehicle license fee, to be deposited in the General Fund and
transferred to the Local Safety and Protection Account. Existing law
requires all moneys in the Local Safety and Protection Account to be
continuously appropriated, without regard to fiscal year, to the
Controller for allocation.  
   This bill would specify that those rates apply to all initial and
renewal registrations due on and after May 1, 2009, but before July
1, 2011.  This bill would also specify that all revenues derived from
the additional 0.15% tax rate received after June 30, 2011, is
deemed to have been received during the 2010-11 fiscal year for
purposes of allocation by the Controller.  
   (5) Existing law requires that, in accordance with a specified
schedule, the Controller allocate moneys to each county, city, or
city and county, as general purpose revenues, from the Vehicle
License Fee Account of the Local Revenue Fund.  
   This bill would require the Controller to calculate the difference
between the total amount of vehicle license fee proceeds deposited
to the credit of the Local Revenue Fund and deposited into the
Vehicle License Fee Account for the period of July 16, 2009, to July
15, 2010, inclusive, and the amount deposited for the period of July
16, 2010, to July 15, 2011, inclusive. This bill would deem, of
vehicle license fee proceeds deposited into the Vehicle License Fee
Account after July 15, 2011, an amount equal to that difference to
have been deposited during the period of July 16, 2010, to July 15,
2011, inclusive, and allocated to cities, counties, and a city and
county as if those proceeds had been received during the 2010-11
fiscal year.  
   (6) This bill would state the intent of the Legislature that the
DMV, in conjunction with the Department of Finance, should develop a
method to allocate costs and develop a cost model allocating the
costs associated with the registration of a vehicle by the DMV to the
vehicle registration fee and to identify costs attributable to the
collection of other specified fees.  
   (7) This bill would appropriate $1,000 from the Motor Vehicle
Account in the State Transportation Fund to the Department of Motor
Vehicles for certain administrative costs, thereby making an
appropriation.  
   (8) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.

   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section   76300 of the 
 Education Code   , as amended by Section 29 of Chapter
43 of the Statutes of 2011, is amended to read: 
   76300.  (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
   (b) (1) The fee prescribed by this section shall be thirty-six
dollars ($36) per unit per semester, effective with the fall term of
the 2011-12 academic year.
   (2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
   (c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
   (d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
   (e) The fee requirement does not apply to any of the following:
   (1) Students enrolled in the noncredit courses designated by
Section 84757.
   (2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
   (3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
   (f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
   (g) (1) The fee requirements of this section shall be waived for
any student who, at the time of enrollment, is a recipient of
benefits under the Temporary Assistance to Needy Families program,
the Supplemental Security Income/State Supplementary Program, or a
general assistance program or has demonstrated financial need in
accordance with the methodology set forth in federal law or
regulation for determining the expected family contribution of
students seeking financial aid.
   (2) The governing board of a community college district also shall
waive the fee requirements of this section for any student who
demonstrates eligibility according to income standards established by
regulations of the board of governors.
   (3) Paragraphs (1) and (2) may be applied to a student enrolled in
the 2005-06 academic year if the student is exempted from
nonresident tuition under paragraph (3) of subdivision (a) of Section
76140.
   (h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent, or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
   (i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
   (j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
   (1) The dependent was a resident of California on September 11,
2001.
   (2) The individual killed in the attacks was a resident of
California on September 11, 2001.
   (k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
   (l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
   (2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
   (3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains the age of 30 years.
   (4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
   (m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
   (2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
   (n) The board of governors shall adopt regulations implementing
this section.
   (o) This section shall be inoperative and is repealed on January
1, 2012, only if  subdivision (b) of  Section 3.94 of the
Budget Act of 2011 is operative.
   SEC. 2.    Section   76300 of the  
Education Code   , as amended by Section 30 of Chapter 43
of the Statutes of 2011, is amended to read: 
   76300.  (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
   (b) (1) The fee prescribed by this section shall be forty-six
dollars ($46) per unit per semester, effective with the  fall
  winter  term of the 2011-12 academic year.
   (2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
   (c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
   (d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
   (e) The fee requirement does not apply to any of the following:
   (1) Students enrolled in the noncredit courses designated by
Section 84757.
   (2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
   (3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
   (f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
   (g) (1) The fee requirements of this section shall be waived for
any student who, at the time of enrollment, is a recipient of
benefits under the Temporary Assistance to Needy Families program,
the Supplemental Security Income/State Supplementary Program, or a
general assistance program or has demonstrated financial need in
accordance with the methodology set forth in federal law or
regulation for determining the expected family contribution of
students seeking financial aid.
   (2) The governing board of a community college district also shall
waive the fee requirements of this section for any student who
demonstrates eligibility according to income standards established by
regulations of the board of governors.
   (3) Paragraphs (1) and (2) may be applied to a student enrolled in
the 2005-06 academic year if the student is exempted from
nonresident tuition under paragraph (3) of subdivision (a) of Section
76140.
   (h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
   (i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
   (j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
   (1) The dependent was a resident of California on September 11,
2001.
   (2) The individual killed in the attacks was a resident of
California on September 11, 2001.
   (k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
   (l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
   (2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
   (3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains 30 years of age.
   (4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
   (m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
   (2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
   (n) The board of governors shall adopt regulations implementing
this section.
   (o) This section shall become operative on January 1, 2012, only
if  subdivision (b) of  Section 3.94 of the Budget Act of
2011 is operative.
   SEC. 3.    Item 6110-161-0001 of Section 2.00 of the
  Budget Act of 2011   is amended to read: 
6110-161-0001--For local assistance,
Department of Education (Proposition
98), Program 10.60-Special Education
Programs for Exceptional Children........  3,117,119,000

                                            3,030,913,000 
    Schedule:
    (1)  10.60.050.003-
         Special education     3,046,216,00 
         instruction.........             
2,960,010,0  0
                                          0 
    (2)  10.60.050.080-Early
         Education Program
         for Individuals
         with Exceptional
         Needs...............   85,298,000
    (3)  Reimbursements for
         Early Education
         Program, Part C.....  -14,395,000
    Provisions:
    1.   Funds appropriated by this item
         are for transfer by the
         Controller to Section A of the
         State School Fund, in lieu of
         the amount that otherwise would
         be appropriated for transfer
         from the General Fund in the
         State Treasury to Section A of
         the State School Fund for the
         2011-12 fiscal year pursuant to
         Sections 14002 and 41301 of the
         Education Code, for
         apportionment pursuant to Part
         30 (commencing with Section
         56000) of Division 4 of Title 2
         of the Education Code,
         superseding all prior law.
    2.   Of the funds appropriated in
         Schedule (1), up to $13,195,000,
         plus any cost-of-living
         adjustment, shall be available
         for the purchase, repair, and
         inventory maintenance of
         specialized books, materials,
         and equipment for pupils with
         low-incidence disabilities, as
         defined in Section 56026.5 of
         the Education Code.
    3.   Of the funds appropriated in
         Schedule (1), up to $10,081,000,
         plus any cost-of-living
         adjustment, shall be available
         for the purposes of vocational
         training and job placement for
         special education pupils through
         Project Workability I pursuant
         to Article 3 (commencing with
         Section 56470) of Chapter 4.5 of
         Part 30 of Division 4 of Title 2
         of the Education Code. As a
         condition of receiving these
         funds, each local educational
         agency shall certify that the
         amount of nonfederal resources,
         exclusive of funds received
         pursuant to this provision,
         devoted to the provision of
         vocational education for special
         education pupils shall be
         maintained at or above the level
         provided in the 1984-85 fiscal
         year.     The Superintendent of
         Public Instruction may waive
         this requirement for local
         educational agencies that
         demonstrate that the requirement
         would impose a severe hardship.
    4.   Of the funds appropriated in
         Schedule (1), up to $5,258,000,
         plus any cost-of-living
         adjustment (COLA), shall be
         available for regional
         occupational centers and
         programs that serve pupils
         having disabilities; up to
         $88,542,000, plus any COLA,
         shall be available for
         regionalized program specialist
         services; and up to $2,687,000,
         plus any COLA, shall be
         available for small special
         education local plan areas
         (SELPAs) pursuant to Section
         56836.24 of the Education Code.
    5.   Of the funds     appropriated in
         Schedule (1), up to $3,000,000
         is provided for extraordinary
         costs associated with single
         placements in nonpublic,
         nonsectarian schools, pursuant
         to Section 56836.21 of the
         Education Code. Pursuant to
         legislation, these funds shall
         also provide reimbursement for
         costs associated with pupils
         residing in licensed children's
         institutes.
    6.   Of the funds appropriated in
         Schedule (1), up to
         $179,930,000, plus any cost-of-
         living adjustment (COLA), is
         available to fund the costs of
         children placed in licensed
         children's institutions who
         attend nonpublic schools based
         on the funding formula
         authorized in Chapter 914 of the
         Statutes of 2004.
    7.   Funds     available for infant
         units shall be allocated with
         the following average number of
         pupils per unit:
         (a)    For special classes and
                centers-- 16.
         (b)    For resource specialist
                programs-- 24.
         (c)    For designated
                instructional services--
                16.
    8.   Notwithstanding any other
         provision of law, early
         education programs for infants
         and toddlers shall be offered
         for 200 days. Funds appropriated
         in Schedule (2) shall be
         allocated by the State
         Department of Education for the
         2011-12 fiscal year to those
         programs receiving allocations
         for instructional units pursuant
         to Section 56432 of the
         Education Code for the Early
         Education Program for
         Individuals with Exceptional
         Needs operated pursuant to
         Chapter 4.4 (commencing with
         Section 56425) of Part 30 of
         Division 4 of Title 2 of the
         Education Code, based on
         computing 200-day entitlements.
         Notwithstanding any other
         provision of law, funds in
         Schedule (2) shall be used only
         for the purposes specified in
         Provisions 10 and 11.
    9.   Notwithstanding any other
         provision of law, state funds
         appropriated in Schedule (2) in
         excess of the amount necessary
         to fund the deficited
         entitlements pursuant to Section
         56432 of the Education Code and
         Provision 10 shall be available
         for allocation by the State
         Department of Education to local
         educational agencies for the
         operation of programs serving
         solely low-incidence infants and
         toddlers pursuant to Title 14
         (commencing with Section 95000)
         of the Government Code. These
         funds shall be allocated to each
         local educational agency for
         each solely low-incidence child
         through age two in excess of the
         number of solely low-incidence
         children through age two served
         by the local educational agency
         during the 1992-93 fiscal year
         and reported on the April 1993
         pupil count. These funds shall
         only be allocated if the amount
         of reimbursement received from
         the State Department of
         Developmental Services is
         insufficient to fully fund the
         costs of operating the Early
         Intervention Program, as
         authorized by Title 14
         (commencing with Section 95000)
         of the Government Code.
    10.  The State Department of
         Education, through coordination
         with the special education local
         plan areas, shall ensure local
         interagency coordination and
         collaboration in the provision
         of early intervention services,
         including local training
         activities, child-find
         activities, public awareness,
         and the family resource center
         activities.
    11.  Funds appropriated in this item,
         unless otherwise specified, are
         available for the sole purpose
         of funding 2011-12 fiscal year
         special education program costs
         and shall not be used to fund
         any prior year adjustments,
         claims, or costs.
    12.  Of the amount provided in
         Schedule (1), up to $188,000,
         plus any cost-of-living
         adjustment, shall be available
         to fully fund the declining
         enrollment of necessary small
         special education local plan
         areas pursuant to Chapter 551 of
         the Statutes of 2001.
    13.  Pursuant to Section 56427 of the
         Education Code, of the funds
         appropriated in Schedule (1), up
         to $2,324,000 may be used to
         provide funding for infant
         programs, and may be used for
         those programs that do not
         qualify for funding pursuant to
         Section 56432 of the Education
         Code.
    14.  Of the funds appropriated in
         Schedule (1), up to $29,478,000
         shall     be allocated to local
         educational agencies for the
         purposes of Project Workability
         I.
    15.  Of the funds appropriated in
         Schedule (1), up to $1,700,000
         shall be used to provide
         specialized services to pupils
         with low-incidence disabilities,
         as defined in Section 56026.5 of
         the Education Code.
    16.  Of the funds appropriated in
         Schedule (1), up to $1,117,000
         shall be used for a personnel
         development program. This
         program shall include state-
         sponsored staff development for
         special education personnel to
         have the necessary content
         knowledge and skills to serve
         children with disabilities. This
         funding may include training and
         services targeting special
         education     teachers and
         related service personnel that
         teach core academic or multiple
         subjects to meet the applicable
         special education requirements
         of the Individuals with
         Disabilities Education
         Improvement Act of 2004 (20
         U.S.C. Sec. 1400 et seq.).
    17.  Of the funds appropriated in
         Schedule (1), up to $200,000
         shall be used for research and
         training in cross-cultural
         assessments.
    18.  Of the amount specified in
         Schedule (1), up to $31,000,000
         shall be available only to
         provide educationally related
         mental health services,
         including out-of-home
         residential services for
         emotionally disturbed pupils,
         required by an individualized
         education program pursuant to
         the federal     Individuals with
         Disabilities Education

        Improvement Act of 2004 (20
         U.S.C. Sec. 1400 et seq.). The
         Superintendent of Public
         Instruction shall allocate these
         funds to special education local
         plan areas on a one-time basis
         in the 2011-12 fiscal year based
         upon an equal rate per pupil
         using the methodology specified
         in Section 56836.07 of the
         Education Code.
    19.  Of the amount provided in
         Schedule (1), $0 is to reflect a
         cost-of-living adjustment.
    20.  Of the amount provided in
         Schedule (2), $0 is to reflect a
         cost-of-living adjustment.
    21.  Of the amount appropriated in
         this item, up to $1,480,000 is
         available for the state's share
         of costs in the settlement of
         Emma C. v. Delaine Eastin, et
         al. (N.D. Cal. No. C96-4179TEH).
         The State Department of
         Education shall report by
         January 1, 2012, to the fiscal
         committees of both houses of the
         Legislature, the Department of
         Finance, and the Legislative
         Analyst's Office on the planned
         use of the additional special
         education funds provided to the
         Ravenswood Elementary School
         District pursuant to this
         settlement. The report shall
         also provide the State
         Department of Education's best
         estimate of when this
         supplemental funding will no
         longer be required by the court.
         The State Department of
         Education shall comply with the
         requirements of Section 948 of
         the Government Code in any
         further request for funds to
         satisfy this settlement.
    22.  Of the funds appropriated in
         this item, up to $2,500,000
         shall be allocated directly to
         special education local plan
         areas for a personnel
         development program that meets
         the highly qualified teacher
         requirements and ensures that
         all personnel necessary to carry
         out this part are appropriately
         and adequately prepared, subject
         to the requirements of paragraph
         (14) of subdivision (a) of
         Section 612 of the federal
         Individuals with Disabilities
         Education Improvement Act of
         2004 (20 U.S.C. Sec. 1400 et
         seq.) and Section 2122 of the
         federal Elementary and Secondary
         Education Act of 1965 (20 U.S.C.
         Sec. 6301 et seq.). The local in-
         service programs shall include a
         parent training component and
         may include a staff training
         component, and may include a
         special education teacher
         component for special education
         service personnel and
         paraprofessionals, consistent
         with state certification and
         licensing requirements. Use of
         these funds shall be described
         in the     local plans. These
         funds may be used to provide
         training in alternative dispute
         resolution and the local
         mediation of disputes. All
         programs are to include
         evaluation components.
    23.  Notwithstanding any other
         provision of law, state funds
         appropriated in Schedule (1) in
         excess of the amount necessary
         to fund the defined entitlement
         shall be to fulfill other
         shortages in entitlements
         budgeted in this schedule by the
         State Department of Education,
         upon Department of Finance
         approval, to any program funded
         under Schedule (1).
    24.  The funds appropriated in this
         item reflect an adjustment to
         the base funding of 0.23 percent
         for the annual adjustment in
         statewide     average daily
         attendance.
    25.  Of the funds appropriated in
         Schedule (1), the amount
         resulting from increases in
         federal funds reflected in the
         calculation performed in
         paragraph (1) of subdivision (c)
         of Section 56836.08 of the
         Education Code shall be
         allocated based on an equal
         amount per average daily
         attendance and added to each
         special education local plan
         area's base funding, consistent
         with paragraphs (1) to (4),
         inclusive, of subdivision (b) of
         Section 56836.158 of the
         Education Code. When the final
         amount is determined, the State
         Department of Education shall
         provide this information to the
         Department of Finance and the
         budget committees of each house
         of the Legislature.
    26.  Of     the amount specified in
         Schedule (1), $218,786,000 shall
         be available only to provide
         educationally related mental
         health services, including out-
         of-home residential services for
         emotionally disturbed pupils,
         required by an individualized
         education program pursuant to
         the federal Individuals with
         Disabilities Education
         Improvement Act of 2004 (20
         U.S.C. Sec. 1400 et seq.) and as
         described in Section 56363 of
         the Education Code. The
         Superintendent of Public
         Instruction shall allocate these
         funds to special education local
         plan areas in the 2011-12 fiscal
         year based upon an equal rate
         per pupil using the methodology
         specified in Section 56836.07 of
         the Education Code.
    27.  Of the amount specified in
         Schedule (1), up to $3,000,000
         shall be made available to the
         Superintendent of Public
         Instruction, in collaboration
         with the Department of Finance
         and the     Legislative Analyst,
         and subject to approval by the
         Department of Finance, to
         administer an extraordinary cost
         pool associated with
         educationally related mental
         health services, including out-
         of-home residential services for
         emotionally disturbed pupils,
         for necessary small special
         education local plan areas as
         defined in Section 56212 of the
         Education Code.


   SEC. 4.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.  All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, June 28, 2011. (JR11)