BILL NUMBER: AB 719 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 11, 2011
AMENDED IN ASSEMBLY MARCH 25, 2011
INTRODUCED BY Assembly Members Block and Lara
(Coauthor: Assembly Member Fletcher)
(Coauthors: Senators Padilla and Vargas)
FEBRUARY 17, 2011
An act to amend Section 56836.155 of the Education Code, relating
to special education.
LEGISLATIVE COUNSEL'S DIGEST
AB 719, as amended, Block. Special education: funding.
Existing law, until July 1, 2011, requires the Superintendent of
Public Instruction to make prescribed computations each fiscal year
to determine an adjusted entitlement to be apportioned to each
special education local plan area for each incidence of disability.
This bill would instead provide that these provisions would remain
in effect indefinitely by deleting the repeal date. This bill
would require the Superintendent, on or before January 31, 2012, to
update the incidence multiplier used to determine the adjusted
entitlement of each special education local plan area using data
collected in or after 2008. The bill would provide
that require the Superintendent shall
perform the prescribed calculations to determine the adjusted
entitlement of each special education local plan area for the
incidence of disabilities to allocate funds
increasingly based upon calculations made using the updated incidence
multiplier for the 2011-12 to 2014-15
2015- 16 fiscal years, inclusive, as specified.
This bill would state the intent of the Legislature to enact
legislation that would update the severity service multiplier that
will be used in the special disabilities adjustment formula and that
this change use data collected in, or after, 2008 to identify
high-need special education local plan areas eligible to receive an
adjusted apportionment. This The bill would
state the intent of the Legislature to provide
that the calculation performed by the Superintendent, to
determine an adjusted entitlement for each special education local
plan area, increasingly be based upon a severity service
concentration factor in the 2011-12 to 2015-16 fiscal years,
inclusive, as specified this funding is contingent
upon an appropriation made in the annual Budget Act or an
appropriation contained in another measure .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and
declares all of the following:
(a)
(1) Since the establishment of the Poochigian and Davis
Special Education Reform Act (Ch. 854, Stats. 1997 (A.B. 602)),
which changed California's special education funding structure from a
resource-based to a primarily census-based approach, the state has
always set aside sufficient funds to account for differing incidences
of pupils with severe and high-cost disabilities across special
education local plan areas.
(b)
(2) The Legislature continues to recognize the
importance of distributing special education funding with a formula
that takes into account the differing incidences of severe and
high-cost disabilities. For this reason, it has been, and remains,
the intent of the Legislature to provide a severity service
concentration factor an incidence multiplier to
each special education local plan area in order to mitigate the
extraordinary costs for schools with particularly high concentrations
of pupils with severe and high-cost disabilities.
(c)
(3) The Legislature is committed to ensuring that the
severity service concentration factor
incidence multiplier is based on sound data. To this
end, it is the intent of the Legislature that the severity service
concentration factor for each special education local plan area be
updated using data from recent years.
(d) The Legislature is committed to providing a steady transition
between service concentration factors so that changes in severity
status do not create devastating funding instabilities for impacted
school districts. A severe reduction in state-funded services from
just one year to the next has a negative effect on pupils. To this
end, it is the intent of the Legislature that the transition to a new
disbursement of severity service funds take place over a five-year
period beginning in the 2011-12 fiscal year.
(4) The Legislature is committed to providing a steady transition
when incidence multipliers are updated so that funding redistribution
is steady and does not create devastating funding instabilities for
impacted school districts during the time of extraordinary fiscal
stress.
(b) For these reasons, it is the intent of the Legislature to do
all of the following to correct the problem of outdated data, while
mitigating negative effects on pupils in special education local plan
areas that would otherwise suffer a severe reduction in services
from one year to the next:
(1) Direct the Superintendent of Public Instruction to update
incidence multipliers and the adjustment formula before January 31,
2012.
(2) Correct the distribution of the special disabilities
adjustment over a five-year period, commencing with the 2011-12
fiscal year.
SEC. 2. 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 areas
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 56836.15, 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) It is the intent of the Legislature to amend this section to
provide that the calculation performed by the Superintendent to
determine an adjusted entitlement for each special education local
plan area, pursuant to this section, take into account data collected
in, or after, 2008, to identify high-need special education local
plan areas eligible to receive an adjusted apportionment based upon a
severity service concentration factor in the 2011-12 to 2015-16
fiscal years, inclusive. It is the intent of the Legislature that the
transition between use of the current calculation pursuant to
subdivisions (a) to (d), inclusive, and the updated calculation,
using a severity service concentration factor, shall take place over
a five-year period in order to mitigate the effect on pupils in
special education local plan areas that suffer a severe reduction in
services from one year to the next.
(f) On or before January 31, 2012, the Superintendent shall update
the incidence multiplier calculated pursuant to subdivision (a)
using data collected in or after 2008.
(g) For the 2011-12 fiscal year only, the Superintendent shall
allocate 90 allocate funds pursuant to the
following:
(1) Ninety percent of the funds
appropriated for the purposes of this section pursuant to
subdivisions (a) to (d), inclusive. It is the intent of the
Legislature that the remaining 10 inclusive, as it
read on January 1, 2011.
(2) Ten percent of the funds
appropriated for the purposes of this section be allocated
pursuant to a calculation using a severity service concentration
factor pursuant to subdivision (f). pursuant to
subdivisions (a) to (d), inclusive, and subdivision (f).
(h) For the 2012-13 fiscal year only, the Superintendent shall
allocate 75 allocate funds pursuant to the
following:
(1) Seventy-five percent of the
funds appropriated for the purposes of this section pursuant to
subdivisions (a) to (d), inclusive. It is the intent of the
Legislature that the remaining 25 inclusive, as it
read on January 1, 2011.
(2) Twenty-five percent of the
funds appropriated for the purposes of this section be
allocated pursuant to a calculation using a severity service
concentration factor pursuant to subdivision (f).
pursuant to subdivisions (a) to (d), inclusive, and subdivision (f).
(i) For the 2013-14 fiscal year only, the Superintendent shall
allocate 50 allocate funds pursuant to the
following:
(1) Fifty percent of the funds
appropriated for the purposes of this section pursuant to
subdivisions (a) to (d), inclusive. It is the intent of the
Legislature that the remaining 50 inclusive, as it
read on January 1, 2011.
(2) Fifty percent of the funds
appropriated for the purposes of this section be allocated
pursuant to a calculation using a severity service concentration
factor pursuant to subdivision (f). pursuant to
subdivisions (a) to (d), inclusive, and subdivision (f).
(j) For the 2014-15 fiscal year only, the Superintendent shall
allocate 25 allocate funds pursuant to the
following:
(1) Twenty-five percent of the
funds appropriated for the purposes of this section pursuant to
subdivisions (a) to (d), inclusive. It is the intent of the
Legislature that the remaining 75 inclusive, as it
read on January 1, 2011.
(2) Seventy-five percent of the
funds appropriated for the purposes of this section be
allocated pursuant to a calculation using a severity service
concentration factor pursuant to subdivision (f).
pursuant to subdivisions (a) to (d), inclusive, and subdivision (f).
(k) It is the intent of the Legislature, that for
For the 2015-16 fiscal year only
and each fiscal year thereafter , the
Superintendent shall allocate 100 percent of the funds appropriated
for the purposes of this section pursuant to a calculation
using a severity service concentration factor pursuant to
subdivisions (a) to (d), inclusive, and subdivision (f).
(l) Funding for the purposes of subdivisions (g) to (k),
inclusive, shall be contingent upon an appropriation made in the
annual Budget Act or an appropriation contained in another measure.