Senate Bill No. 1071

Introduced by Senator Allen

February 16, 2016

An act to amend Section 56441 of, and to add Section 56440.1 to, the Education Code, relating to special education.

LEGISLATIVE COUNSEL’S DIGEST

SB 1071, as introduced, Allen. Special education funding: preschool-age individuals with exceptional needs.

Existing law requires a special education local plan area (SELPA) to submit to the Superintendent of Public Instruction information for providing special education and services to individuals with exceptional needs who are between the ages of three and five years old. Existing law requires these individuals to be served by the local educational agencies within each SELPA, as provided. Existing law establishes apportionments to SELPAs for special education programs to be calculated by the Superintendent, as provided.

This bill would establish a new formula for a permanent one-time total adjustment to the SELPA base funding calculation, to be calculated by the Superintendent, to support special education and related services as required under the individualized education program for each 3-and 4-year-old preschool individual with exceptional needs, upon an appropriation in the Budget Act, as provided.

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.  

Section 56440.1 is added to the Education Code,
to read:

56440.1.  

(a) Upon an appropriation in the Budget Act, there
shall be a permanent one-time total adjustment to the base funding
calculation established pursuant to Section 56836.08 to support
special education and related services as required under the
individualized education program for each three and four year old
preschool individual with exceptional needs.

(b) Commencing with the ____ fiscal year, for purposes of
computing an apportionment for each special education local plan
area, the Superintendent shall use the following formula:

(1) Divide the dollar amount, as appropriated in the Budget Act
pursuant to subdivision (a), by the December 2015 count of three
and four year old individuals with exceptional needs throughout
the state to establish a preschool rate per pupil.

(2) Multiply the amount computed in paragraph (1) by each
special education local plan area’s December 2015 count of three
and four year old individuals with exceptional needs. The product
of this amount shall be added to each special education local plan
area’s base calculation computed pursuant to subdivision (b) of
Section 56836.08 as a permanent adjustment.

SEC. 2.  

Section 56441 of the Education Code is amended to
read:

56441.  

begin insert (a) end insert begin insert   end insert The Legislature hereby finds and declares that
early education programs for individuals with exceptional needs
between the ages of three and five years, inclusive, that provide
special education and related services within the typical
environment appropriate for young children, and include active
parent involvement, may do the following:

begin delete

(a)

end delete

begin insert (1) end insert  Significantly reduce the potential impact of any disabling
conditions.

begin delete

(b)

end delete

begin insert (2) end insert  Produce substantial gains in physical development, cognitive
development, language and speech development, psychosocial
development, and self-help skills development.

begin delete

(c)

end delete

begin insert (3) end insert  Help prevent the development of secondary disabling
conditions.

begin delete

(d)

end delete

begin insert (4) end insert  Reduce family stresses.

begin delete

(e)

end delete

begin insert (5) end insert  Reduce societal dependency and institutionalization.

begin delete

(f)

end delete

begin insert (6) end insert  Reduce the need for special class placement in special
education programs once a child reaches school age.

begin delete

(g)

end delete

begin insert (7) end insert  Save substantial costs to society and our schools.

begin insert

(b) The Legislature finds and declares that there has been a
significant increase in the population of preschool-age individuals
with exceptional needs, many of whom require intensive services
and that the adoption of a state funding mechanism for
preschool-age individuals with exceptional needs is necessary to
establish new or expand existing high-quality preschool programs
to ensure preschool-age individuals with exceptional needs are
provided the best chance for educational success in the most
cost-efficient manner.

end insert