BILL NUMBER: AB 602 CHAPTERED
BILL TEXT
CHAPTER 854
FILED WITH SECRETARY OF STATE OCTOBER 10, 1997
APPROVED BY GOVERNOR OCTOBER 10, 1997
PASSED THE SENATE SEPTEMBER 13, 1997
PASSED THE ASSEMBLY SEPTEMBER 13, 1997
AMENDED IN SENATE SEPTEMBER 13, 1997
AMENDED IN SENATE SEPTEMBER 9, 1997
AMENDED IN SENATE JULY 21, 1997
AMENDED IN SENATE JULY 2, 1997
AMENDED IN SENATE JUNE 26, 1997
AMENDED IN ASSEMBLY JUNE 2, 1997
AMENDED IN ASSEMBLY MAY 15, 1997
AMENDED IN ASSEMBLY MAY 5, 1997
INTRODUCED BY Assembly Members Davis and Poochigian
(Coauthors: Assembly Members Aguiar, Aroner, Baca, Baldwin,
Battin, Campbell, Cunneen, Figueroa, Keeley, Kuehl, Leach, Margett,
Mazzoni, Miller, Pacheco, Papan, Prenter, Thomson, and Wayne)
(Coauthor: Senators Costa and Knight)
FEBRUARY 25, 1997
An act to amend Sections 44903.7, 48915.5, 56100, 56140, 56156.5,
56167, 56190, 56200, 56325, 56342, 56360, 56361, 56362, 56366.2,
56441.14, and 56500 of, to amend and repeal Sections 56210, 56213,
56214, 56214.5, 56217, 56218, 56364, and 56370 of, to amend, repeal,
and add Sections 56211, 56212, 56425, 56425.5, 56426, 56426.1,
56426.2, 56426.25, 56426.4, 56427, 56429, and 56430 of, to add
Sections 56364.5, 56366.9, and 56432 to, to add Chapter 2.5
(commencing with Section 56195) and Chapter 7.2 (commencing with
Section 56836) to, and to add Article 1.1 (commencing with Section
56205) to Chapter 3 of, Part 30 of, to add and repeal Sections 56202
and 56832 of, to add and repeal Chapter 7.1 (commencing with Section
56835) of Part 30 of, to repeal Sections 56448 and 56449 of, to
repeal Article 6 (commencing with Section 56170) of Chapter 2 of, to
repeal Article 1 (commencing with Section 56200) and Article 2
(commencing with Section 56220) of Chapter 3 of, Part 30 of, and to
repeal Chapter 4.3 (commencing with Section 56400) and Chapter 7
(commencing with Section 56700) of Part 30 of, the Education Code,
relating to special education, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 602, Davis. Poochigian and Davis Special Education Reform Act.
Existing law sets forth a method for determining apportionments
for the purposes of special education programs operated by school
districts, county superintendents of schools, and special education
local plan areas (SELPAs). That method is based in part on amounts
based on personnel costs that are computed pursuant to statutory
formulas, amounts based on support services costs that are computed
pursuant to statutory formulas, and amounts specifically computed for
early education for individuals with exceptional needs younger than
3 years of age, nonpublic, nonsectarian schools and agencies,
individuals having low-incidence disabilities, and licensed children'
s institutions. The number of instructional personnel services units
that may be claimed are computed for teachers for special day
classes and centers, instructional aides, and resource specialists,
on the basis of the ratio of those positions to a specified number of
pupils.
This bill would enact the Poochigian and Davis Special Education
Reform Act and would make legislative findings and declarations with
respect to the problems arising from the existing method of financing
special education and related services. The bill would declare the
intent of the Legislature to establish a new method for financing
special education that is based on the pupil population in each
SELPA. The bill would further declare the intent of the Legislature
that the new funding method, among other things, ensures greater
equity in funding among SELPAs, avoids unnecessary complexity,
requires fiscal and program accountability, and avoids financial
incentives to inappropriately place pupils in special education. The
bill would also contain a legislative finding and declaration that
an areawide approach to special education services delivery through
administration by SELPAs best serves differing population densities
and provides local flexibility, as specified. The bill would also
declare the intent of the Legislature to equalize funding among
SELPAs.
This bill, to accomplish the intent of the Legislature, would do
the following:
(1) This bill would repeal the existing method of computing
special education apportionments and make numerous conforming changes
to other provisions of law, including the repeal and amendment of
supporting statutes relating to the funding of special education
programs. The bill would set forth a new method for making
apportionments, as follows:
(a) A method for computing one-time equalization adjustments to
special education apportionments to school districts and county
offices of education that is based upon computed amounts per each
type of special education services unit would be established. The
bill would require the Superintendent of Public Instruction
(superintendent) to compute special education services unit rates
(unit rates) for that purpose for teachers of special day classes and
centers for pupils who are severely disabled, unit rates for
instructional aides for pupils who are severely disabled, unit rates
for teachers of special day classes and centers for pupils with
exceptional needs who are not severely disabled, unit rates for
instructional aides for pupils with exceptional needs who are not
severely disabled, unit rates for resource specialists, and unit
rates for designated instruction and services. Those unit rates
would be based on amounts computed by the superintendent for the
1995-96 fiscal year. Those unit rates would be averaged for services
to pupils who are not severely disabled, except with respect to the
unit rates for instructional aides. The superintendent would be
required to compute statewide average unit rates for the purposes of
equalization adjustments. Based upon those computations, the
superintendent would be required, for the 1997-98 fiscal year only,
to make computations to determine the amount of equalization
adjustments, if any, to be made to the special education funding.
These equalization adjustments computed for the 1997-98 fiscal year
would only be funded to the extent funds are appropriated for that
purpose and would not create any future entitlements for
equalization.
(b) Commencing in the 1998-99 fiscal year and each fiscal year
thereafter, allocations of funds would be made to SELPAs and the
administrator of each SELPA would be responsible for the fiscal
administration of the annual budget allocation plan for special
education programs and the allocation of state and federal funds to
the school districts and county offices of education composing the
SELPA in accordance with the local plan.
(c) For the 1998-99 fiscal year, each SELPA would be entitled to,
at a minimum, an amount equal to the amount received per unit of
average daily attendance in the 1997-98 fiscal year from specified
state, local, and federal revenues for the purpose of special
education for preschool pupils (ages 3 to 5 years), special education
for pupils enrolled in kindergarten and grades 1 to 12, inclusive,
and the amounts received for equalization, as described in
subdivision (a), as adjusted for inflation, and equalization to the
statewide target amount, changes in enrollment, and for the incidence
of special disabilities, if applicable.
(d) Commencing with the 1999-2000 fiscal year and each fiscal year
thereafter, the amount of funding computed for each SELPA would be
subject to adjustment for changes in enrollment, equalization to the
statewide target amount, inflation, and for the incidence of special
disabilities, as specified. For purposes of equalization, each SELPA
that would receive an amount per unit of average daily attendance
for a fiscal year, as defined, that is below the statewide target
amount per unit of average daily attendance for SELPAs, as computed,
would be entitled to an equalization adjustment for that fiscal year.
Adjustments for equalization would continue through and including
the fiscal year in which all SELPAs are funded, at a minimum, at the
statewide target amount, as adjusted for inflation. The
superintendent would be required to make various computations to
determine the amounts available for the purposes of equalization and
the amount of the equalization adjustment for each SELPA.
(e) Funding for licensed children's institutions would continue to
be computed as required by existing law.
(f) The method of funding for nonpublic, nonsectarian school
contracts would be revised. The State Department of Education would
be required to administer an extraordinary cost pool to protect
SELPAs from the extraordinary costs associated with single placements
in nonpublic, nonsectarian schools. The Office of the Legislative
Analyst, the Department of Finance, and the State Department of
Education would be required to conduct a study, as specified, of
nonpublic school and nonpublic agency costs with a final report to
the appropriate policy and fiscal committees of the Legislature on or
before May 1, 1998.
(g) Low-incidence funding would continue to be computed as
required by existing law.
(h) The method of allocating funds for regionalized operations and
services and the direct instructional support of program specialists
would be revised.
(2) This bill would require each SELPA to submit a revised local
plan on or before the time it is required to submit a local plan as
specified. Until the superintendent approves the revised local plan,
the SELPA would be required to continue to operate under the
reporting and accounting requirements prescribed by the State
Department of Education for the special education finance provisions
repealed by this bill. The department would be required to issue
transition guidelines on the accounting requirements that SELPAs
would be required to follow, including, but not necessarily limited
to, guidelines pertaining to accounting for instructional personnel
service units and caseloads. The bill would prohibit the State Board
of Education from approving any proposal to divide a SELPA into 2 or
more units unless either equalization among SELPAs has been achieved
or the division has no net impact on state costs for special
education, provided, however, that a proposal may be approved if it
was initially submitted prior to January 1, 1997.
(3) This bill would require each SELPA to administer the revised
local plans described in (2) and the allocation of funds. The bill
would require SELPAs that do not have approved revised local plans to
continue to distribute funds under the methods set forth in existing
law, as specified.
(4) This bill would revise the requirements for a SELPA that
requests a designation as a necessary small SELPA.
(5) This bill would repeal provisions requiring the termination of
the state's participation in special education programs for
individuals with exceptional needs between the ages of 3 and 5 years
if certain conditions occur.
(6) This bill would make some of the numerous necessary conforming
substantive and technical changes to provisions of law relating to
special education.
(7) To the extent that this bill would place new requirements on
SELPAs, school districts, and county offices of education with
respect to governance of SELPAs and the distribution of funds to
SELPAs, this bill would impose a state-mandated local program.
(8) The bill would make legislative findings and declarations that
the federal Individuals with Disabilities Education Act, as amended
by the Individuals with Disabilities Education Act Amendments of
1997, contains specified provisions and that state and local
education agencies are required to abide by federal laws.
(9) This bill would require the Office of the Legislative Analyst,
in conjunction with the Department of Finance and the State
Department of Education, to conduct a study of the distribution of
severe and costly disabilities and the Office of the Legislative
Analyst, the Department of Finance, and the State Department of
Education to submit a report of their findings to the appropriate
policy and fiscal committees of the Legislature on or before June 1,
1998.
(10) This bill would require the State Department of Education to
convene a working group to develop recommendations for improving the
compliance of state and local education agencies with state and
federal special education laws and regulations and to submit a report
of the recommendations to the appropriate policy and fiscal
committees of the Legislature on or before September 1, 1998.
(11) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(12) This bill would provide that funding for this bill is
contingent upon the enactment of an appropriation in the annual
Budget Act, but would appropriate $100,000 from specified federal
funds for the purpose of the Office of the Legislative Analyst, the
Department of Finance, and the State Department of Education
conducting the study of nonpublic school and nonpublic agency costs
and $200,000 from specified federal funds for the purpose of the
Office of the Legislative Analyst contracting for the request for
proposal and study of the distribution of severe and costly
disabilities.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known and may be cited as the
Poochigian and Davis Special Education Reform Act.
(b) The Legislature hereby finds and declares the following:
(1) On December 1, 1995, approximately 9.4 percent of the
5,467,224 pupils enrolled in kindergarten and grades 1 to 12,
inclusive, in California required some form of special education
programming or service.
(2) Significant inequities in funding for special education exist
in California. Special education funding derives from the value of a
local education agency's various instructional personnel services
unit rates plus the funds it generates from multiplying the total
unit values by the agency's support services ratio. Since these
values and ratios vary greatly among the local education agencies,
widely disparate funding amounts are generated for the same type of
program among local education agencies.
(3) In the 1994-95 fiscal year, the following range in funding
amounts existed for each of the four types of instructional personnel
services units providing services to the nonseverely disabled:
Unit Type Lowest Highest
Special classes and centers $31,137 $80,044
Resource specialists $26,064 $84,579
Designated instruction and services $30,080 $91,760
Instructional aides $ 9,601 $49,883
(4) The range in funding amounts in the 1994-95 fiscal year was
even greater for instructional personnel services units for special
education services for severely disabled pupils in special education
classes, as follows:
Unit Type Lowest Highest
Special classes and centers $31,137 $89,181
Instructional aides $ 9,601 $55,577
(5) Equalization aid has not been provided to correct the
disparities in special education funding since the Master Plan for
Special Education was enacted for statewide implementation in 1980.
Consequently, funding figures, based primarily on expenditures made
in the base year 1979-80, are still being used.
(6) In recent years, some additional money has been provided to
school districts to equalize revenue limit funding for regular
education programs, and school districts with lower base revenue
limits have had those revenue limits increased, resulting in those
school districts attaining a base revenue limit that is closer to the
statewide average.
(7) In February 1994, the Legislative Analyst, in the "Analysis of
the 1994-95 Budget Bill," cited a number of major problems with the
state's current special education funding formula. Among the
shortfalls cited included:
(A) Unjustified funding variation among local education agencies.
(B) Unnecessary complexity.
(C) Constraint on local innovation and on responses to changing
requirements.
(D) Inappropriate fiscal incentives related to special education
placements.
(8) The current method of funding special education programs
unduly influences the manner and methods through which special
education services are provided and inhibits the ability of local
education agencies to appropriately individualize the provision of
special education services to individuals with exceptional needs.
(9) Existing law provides for the annual calculation of additional
instructional personnel services necessary to address the enrollment
growth in special education programs. Over the last four years, the
number of additional instructional personnel service units actually
funded to address the enrollment growth has been well under one-half
the number for which the calculation provides:
Fiscal Calculated Amount Percent
Year Need Funded Funded
1993-94 $ 87,259,893 $ 30,376,332 34.8
1994-95 106,704,203 51,947,000 48.7
1995-96 99,634,692 31,589,000 31.7
1996-97 134,444,158 56,887,715 42.3
(10) Individuals with exceptional needs and their families are
protected by provisions of the Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal
regulations relating thereto. These protections include, but are
not limited to, the following:
(A) Individuals with exceptional needs shall be identified,
located, and appropriately evaluated in a nondiscriminatory manner.
(B) Individuals with exceptional needs have the right to a free
appropriate public education pursuant to an individualized education
program developed by local education agency representatives in
partnership with the individual's parents.
(C) Individuals with exceptional needs and their families shall
receive prior notification whenever a local educational agency
intends or refuses to initiate the evaluation of the individual with
exceptional needs.
(D) Whenever a local educational agency intends to change the
educational placement of an individual with exceptional needs, the
individual with exceptional needs and his or her family may review
the contents of any records or other materials used to make
educational decisions regarding the individual with exceptional
needs.
(E) Due process protections, including the protection of seeking
redress in the courts.
(11) The protections set forth in paragraph (10) and other
requirements of federal law and regulations shall not be adversely
affected or negated by any changes to state law which may occur from
this act.
SEC. 2. It is the intent of the Legislature, in enacting this act,
to accomplish the following:
(a) To establish a funding mechanism that:
(1) Ensures greater equity in funding among special education
local plan areas so that pupils with exceptional needs receive the
necessary level of services regardless of their geographical
location.
(2) Eliminates financial incentives to inappropriately place
pupils in special education programs.
(3) Recognizes the interaction among funding for special education
programs and services, revenue limits for school districts, and
funding for categorical programs.
(4) Phases in the newly developed funding formula on a gradual
basis so as not to disrupt educational services to pupils enrolled in
general or special education programs.
(5) Requires fiscal and program accountability in a manner that
ensures effective services are provided to pupils who require special
education services in compliance with federal laws and regulations
and ensures that federal and state funds are used for the intended
special education purposes.
(6) Establishes a funding formula that is understandable and
avoids unnecessary complexity.
(b) To recognize and establish the following principles to guide
the new funding mechanism:
(1) Allocations to special education local plan areas encourage
and support an areawide approach to service delivery that
incorporates collaborative administration and coordination of special
education services within an area, allows for the tailoring of the
organizational structures to differing population densities and
demographic attributes, and provides local flexibility for the
planning and provision of special education services in an efficient
and cost-effective manner.
(2) Allocations to special education local plan areas are best
based on a neutral factor such as total pupil population in the
special education local plan area.
(3) Local education agencies need the flexibility to adopt
innovative approaches to the delivery of special education services.
(c) It is also the intent of the Legislature that alternative
delivery systems that include effective schoolwide and districtwide
screening practices, the development of effective teaching and
intervention strategies, and regular and special education program
collaboration, including team teaching, consultation, and home-school
partnerships, be fully utilized in the identification process so as
to prevent pupils from needing special education services.
(d) It is further the intent of the Legislature that the new
funding mechanism based on total pupil population, does not create,
in any way, a disincentive to identify and serve pupils with
exceptional needs or eliminate or reduce the continuum of placement
options.
SEC. 3. The Legislature further finds and declares as follows:
(a) It is the intent of the Legislature to equalize special
education program funding imbalances among local education agencies
in the 1997-98 fiscal year, pursuant to Chapter 7.1 (commencing with
Section 56835) of Part 30 of the Education Code, only to the extent
that funds are provided for that purpose in the Budget Act of 1997 or
in this act. It is further the intent of the Legislature to
implement a population-based funding formula in the 1998-99 fiscal
year, pursuant to Chapter 7.2 (commencing with Section 56836) of Part
30 of the Education Code, to allocate special education program
funds instead of instructional personnel service units to the special
education local plan areas, and to equalize per-pupil funding among
the special education local plan areas over a multiyear period, only
to the extent that funds are appropriated for those purposes in the
annual Budget Act.
(b) As part of the new special education funding system, this act
proposes to achieve local administrative savings by simplifying the
administrative processes of the current funding system that govern
the activities of special education local plan areas, school
districts, and county offices of education. Specifically, this act
eliminates the process-intensive J-50 claim system that drains local
resources away from providing services to completing numerous,
lengthy reports in order to secure state funding for special
education. To ensure program accountability when the resource-based
funding system is replaced by the population-based funding system,
this act also provides for additional information to be included in
each local plan that will provide the public and other units of
government specific information on how services shall be provided and
funded. The Legislature finds and declares that the administrative
savings resulting from this act will more than offset any increased
costs from any new administrative workload resulting from this act.
(c) It is further the intent of the Legislature that the funds
provided for equalization entitlements pursuant to this act shall
fully compensate any mandated costs associated with maintaining pupil
caseload for the purpose of any cost claim filed with the Commission
on State Mandates.
SEC. 4. Section 44903.7 of the Education Code is amended to read:
44903.7. When a local plan for the education of individuals with
exceptional needs is developed or revised pursuant to Chapter 2.5
(commencing with Section 56195) of Part 30, the following provisions
shall apply:
(a) Whenever any certificated employee, who is performing service
for one employer, is terminated, reassigned, or transferred, or
becomes an employee of another employer because of the reorganization
of special education programs pursuant to Chapter 797 of the
Statutes of 1980, the employee shall be entitled to the following:
(1) The employee shall retain the seniority date of his or her
employment with the district or county office from which he or she
was terminated, reassigned, or transferred, in accordance with
Section 44847. In the case of termination, permanent employees shall
retain the rights specified in Section 44956 or, in the case of
probationary employees, Sections 44957 and 44958, with the district
or county office initiating the termination pursuant to Section
44955.
(2) The reassignment, transfer, or new employment caused by the
reorganization of special education programs pursuant to Chapter 797
of the Statutes of 1980, shall not affect the seniority or
classification of certificated employees already attained in any
school district that undergoes the reorganization. These employees
shall have the same status with respect to their seniority or
classification, with the new employer, including time served as
probationary employees. The total number of years served as a
certificated employee with the former district or county office shall
be credited, year for year, for placement on the salary schedule of
the new district or county office.
(b) All certificated employees providing service to individuals
with exceptional needs shall be employed by a county office of
education or an individual school district. Special education local
plan areas or responsible local agencies resulting from local plans
for the education of individuals with exceptional needs formulated in
accordance with Part 30 (commencing with Section 56000) shall not be
considered employers of certificated personnel for purposes of this
section.
(c) Subsequent to the reassignment or transfer of any certificated
employee as a result of the reorganization of special education
programs, pursuant to Chapter 797 of the Statutes of 1980, that
employee shall have priority, except as provided in subdivision (d),
in being informed of and in filling certificated positions in special
education in the areas in which the employee is certificated within
the district or county office by which the certificated employee is
then currently employed. This priority shall expire 24 months after
the date of reassignment or transfer, and may be waived by the
employee during that time period.
(d) A certificated employee who has served as a special education
teacher in a district or county office and has been terminated from
his or her employment by that district or county office pursuant to
Section 44955, shall have first priority in being informed of and in
filling vacant certificated positions in special education, for which
the employee is certificated and was employed, in any other county
office or school district that provides the same type of special
education programs and services for the pupils previously served by
the terminated employee. For a period of 39 months for permanent
employees and 24 months for probationary employees from the date of
termination, the employee shall have the first priority right to
reappointment as provided in this section, if the employee has not
attained the age of 65 years before reappointment.
SEC. 5. Section 48915.5 of the Education Code is amended to read:
48915.5. (a) In a matter involving a pupil with previously
identified exceptional needs who is currently enrolled in a special
education program, the governing board may order the pupil expelled
pursuant to subdivision (b) or (d) of Section 48915 only if all of
the following conditions are met:
(1) An individualized education program team meeting is held and
conducted pursuant to Article 3 (commencing with Section 56340) of
Chapter 2 of Part 30.
(2) The team determines that the misconduct was not caused by, or
was not a direct manifestation of, the pupil's identified disability.
(3) The team determines that the pupil had been appropriately
placed at the time the misconduct occurred.
The term "pupil with previously identified exceptional needs," as
used in this section, means a pupil who meets the requirements of
Section 56026 and who, at the time the alleged misconduct occurred,
was enrolled in a special education program, including enrollment in
nonpublic schools pursuant to Section 56365 and state special
schools.
(b) For purposes of this section, all applicable procedural
safeguards prescribed by federal and state law and regulations apply
to proceedings to expel pupils with previously identified exceptional
needs, except that, notwithstanding Section 56321, subdivision (e)
of Section 56506, or any other provision of law, parental consent is
not required prior to conducting a preexpulsion educational
assessment pursuant to subdivision (e), or as a condition of the
final decision of the local board to expel.
(c) Each local educational agency, pursuant to the requirements of
Section 56195.8, shall develop procedures and timelines governing
expulsion procedures for individuals with exceptional needs.
(d) The parent of each pupil with previously identified
exceptional needs has the right to participate in the individualized
education program team meeting conducted pursuant to subdivision (a)
preceding the commencement of expulsion proceedings, following the
completion of a preexpulsion assessment pursuant to subdivision (e),
through actual participation, representation, or a telephone
conference call. The meeting shall be held at a time and place
mutually convenient to the parent and local educational agency within
the period, if any, of the pupil's preexpulsion suspension. A
telephone conference call may be substituted for the meeting. Each
parent shall be notified of his or her right to participate in the
meeting at least 48 hours prior to the meeting. Unless a parent has
requested a postponement, the meeting may be conducted without the
parent's participation, if the notice required by this subdivision
has been provided. The notice shall specify that the meeting may be
held without the parent's participation, unless the parent requests a
postponement for up to three additional schooldays pursuant to this
subdivision. Each parent may request that the meeting be postponed
for up to three additional schooldays. If a postponement has been
granted, the local educational agency may extend any suspension of a
pupil for the period of postponement if the pupil continues to pose
an immediate threat to the safety of himself, herself, or others and
the local educational agency notifies the parent that the suspension
will be continued during the postponement. However, the suspension
shall not be extended beyond 10 consecutive schooldays unless agreed
to by the parent, or by a court order. If a parent who has received
proper notice of the meeting refuses to consent to an extension
beyond 10 consecutive schooldays and chooses not to participate, the
meeting may be conducted without the parent's participation.
(e) In determining whether a pupil should be expelled, the
individualized education program team shall base its decision on the
results of a preexpulsion educational assessment conducted in
accordance with the guidelines of Section 104.35 of Title 34 of the
Code of Federal Regulations, which shall include a review of the
appropriateness of the pupil's placement at the time of the alleged
misconduct, and a determination of the relationship, if any, between
the pupil's behavior and his or her disability.
In addition to the preexpulsion educational assessment results,
the individualized education program team shall also review and
consider the pupil's health records and school discipline records.
The parent, pursuant to Section 300.504 of Title 34 of the Code of
Federal Regulations, is entitled to written notice of the local
educational agency's intent to conduct a preexpulsion assessment.
The parent shall make the pupil available for the assessment at a
site designated by the local educational agency without delay. The
parent's right to an independent assessment under Section 56329
applies despite the fact that the pupil has been referred for
expulsion.
(f) If the individualized education program team determines that
the alleged misconduct was not caused by, or a direct manifestation
of, the pupil's disability, and if it is determined that the pupil
was appropriately placed, the pupil shall be subject to the
applicable disciplinary actions and procedures prescribed under this
article.
(g) The parent of each pupil with previously identified
exceptional needs has the right to a due process hearing conducted
pursuant to Section 1415 of Title 20 of the United States Code if the
parent disagrees with the decision of the individualized education
program team made pursuant to subdivision (f), or if the parent
disagrees with the decision to rely upon information obtained, or
proposed to be obtained, pursuant to subdivision (e).
(h) No expulsion hearing shall be conducted for an individual with
exceptional needs until all of the following have occurred:
(1) A preexpulsion assessment is conducted.
(2) The individualized education program team meets pursuant to
subdivision (a).
(3) Due process hearings and appeals, if initiated pursuant to
Section 1415 of Title 20 of the United States Code, are completed.
(i) Pursuant to subdivision (a) of Section 48918, the statutory
times prescribed for expulsion proceedings for individuals with
exceptional needs shall commence after the completion of paragraphs
(1), (2), and (3) in subdivision (h).
(j) If an individual with exceptional needs is excluded from
schoolbus transportation, the pupil is entitled to be provided with
an alternative form of transportation at no cost to the pupil or
parent.
SEC. 6. Section 56100 of the Education Code is amended to read:
56100. The State Board of Education shall do all of the
following:
(a) Adopt rules and regulations necessary for the efficient
administration of this part.
(b) Adopt criteria and procedures for the review and approval by
the board of local plans. Local plans may be approved for up to four
years.
(c) Adopt size and scope standards for determining the efficacy of
local plans submitted by special education local plan areas,
pursuant to subdivision (a) of Section 56195.1.
(d) Provide review, upon petition, to any district, special
education local plan area, or county office that appeals a decision
made by the department that affects its providing services under this
part except a decision made pursuant to Chapter 5 (commencing with
Section 56500).
(e) Review and approve a program evaluation plan for special
education programs provided by this part in accordance with Chapter 6
(commencing with Section 56600). This plan may be approved for up
to three years.
(f) Recommend to the Commission on Teacher Credentialing the
adoption of standards for the certification of professional personnel
for special education programs conducted pursuant to this part.
(g) Adopt regulations to provide specific procedural criteria and
guidelines for the identification of pupils as individuals with
exceptional needs.
(h) Adopt guidelines of reasonable pupil progress and achievement
for individuals with exceptional needs. The guidelines shall be
developed to aid teachers and parents in assessing an individual
pupil's education program and the appropriateness of the special
education services.
(i) In accordance with the requirements of federal law, adopt
regulations for all educational programs for individuals with
exceptional needs, including programs administered by other state or
local agencies.
(j) Adopt uniform rules and regulations relating to parental due
process rights in the area of special education.
(k) Adopt rules and regulations regarding the ownership and
transfer of materials and equipment, including facilities, related to
transfer of programs, reorganization, or restructuring of special
education local plan areas.
SEC. 7. Section 56140 of the Education Code is amended to read:
56140. County offices shall do all of the following:
(a) Initiate and submit to the superintendent a countywide plan
for special education which demonstrates the coordination of all
local plans submitted pursuant to Section 56200 and which ensures
that all individuals with exceptional needs residing within the
county, including those enrolled in alternative education programs,
including, but not limited to, alternative schools, charter schools,
opportunity schools and classes, community day schools operated by
school districts, community schools operated by county offices of
education, and juvenile court schools, will have access to
appropriate special education programs and related services.
However, a county office shall not be required to submit a countywide
plan when all the districts within the county elect to submit a
single local plan.
(b) Within 45 days, approve or disapprove any proposed local plan
submitted by a district or group of districts within the county or
counties. Approval shall be based on the capacity of the district or
districts to ensure that special education programs and services are
provided to all individuals with exceptional needs.
(1) If approved, the county office shall submit the plan with
comments and recommendations to the superintendent.
(2) If disapproved, the county office shall return the plan with
comments and recommendations to the district. This district may
immediately appeal to the superintendent to overrule the county
office's disapproval. The superintendent shall make a decision on an
appeal within 30 days of receipt of the appeal.
(3) A local plan may not be implemented without approval of the
plan by the county office or a decision by the superintendent to
overrule the disapproval of the county office.
(c) Participate in the state onsite review of the district's
implementation of an approved local plan.
(d) Join with districts in the county which elect to submit a plan
or plans pursuant to subdivision (c) of Section 56195.1. Any plan
may include more than one county, and districts located in more than
one county. Nothing in this subdivision shall be construed to limit
the authority of a county office to enter into other agreements with
these districts and other districts to provide services relating to
the education of individuals with exceptional needs.
SEC. 8. Section 56156.5 of the Education Code is amended to read:
56156.5. (a) Each district, special education local plan area, or
county office shall be responsible for providing appropriate
education to individuals with exceptional needs residing in licensed
children's institutions and foster family homes located in the
geographical area covered by the local plan.
(b) In multidistrict and district and county office local plan
areas, local written agreements shall be developed, pursuant to
subdivision (f) of Section 56195.7, to identify the public education
entities that will provide the special education services.
(c) If there is no local agreement, special education services for
individuals with exceptional needs residing in licensed children's
institutions shall be the responsibility of the county office
in the county in which the
institution is located, if the county office is part of the special
education local plan area, and special education services for
individuals with exceptional needs residing in foster family homes
shall be the responsibility of the district in which the foster
family home is located. If a county office is not a part of the
special education local plan area, special education services for
individuals with exceptional needs residing in licensed children's
institutions, pursuant to this subdivision, shall be the
responsibility of the responsible local agency or other
administrative entity of the special education local plan area. This
program responsibility shall continue until the time local written
agreements are developed pursuant to subdivision (f) of Section
56195.7.
SEC. 9. Section 56167 of the Education Code is amended to read:
56167. (a) Individuals with exceptional needs who are placed in a
public hospital, state licensed children's hospital, psychiatric
hospital, proprietary hospital, or a health facility for medical
purposes are the educational responsibility of the district, special
education local plan area, or county office in which the hospital or
facility is located, as determined in local written agreements
pursuant to subdivision (e) of Section 56195.7.
(b) For the purposes of this part, "health facility" shall have
the definition set forth in Sections 1250, 1250.2, and 1250.3 of the
Health and Safety Code.
SEC. 10. Article 6 (commencing with Section 56170) of Chapter 2 of
Part 30 of the Education Code is repealed.
SEC. 11. Section 56190 of the Education Code is amended to read:
56190. Each plan submitted under Section 56195.1 shall establish
a community advisory committee. The committee shall serve only in an
advisory capacity.
SEC. 12. Chapter 2.5 (commencing with Section 56195) is added to
Part 30 of the Education Code, to read:
CHAPTER 2.5. GOVERNANCE
Article 1. Local Plans
56195. Each special education local plan area, as defined in
subdivision (d) of Section 56195.1, shall administer local plans
submitted pursuant to Chapter 3 (commencing with Section 56200) and
shall administer the allocation of funds pursuant to Chapter 7.2
(commencing with Section 56836).
56195.1. The governing board of a district shall elect to do one
of the following:
(a) If of sufficient size and scope, under standards adopted by
the board, submit to the superintendent a local plan for the
education of all individuals with exceptional needs residing in the
district in accordance with Chapter 3 (commencing with Section
56200).
(b) In conjunction with one or more districts, submit to the
superintendent a local plan for the education of individuals with
exceptional needs residing in those districts in accordance with
Chapter 3 (commencing with Section 56200). The plan shall include,
through joint powers agreements or other contractual agreements, all
the following:
(1) Provision of a governance structure and any necessary
administrative support to implement the plan.
(2) Establishment of a system for determining the responsibility
of participating agencies for the education of each individual with
exceptional needs residing in the special education local plan area.
(3) Designation of a responsible local agency or alternative
administrative entity to perform functions such as the receipt and
distribution of funds, provision of administrative support, and
coordination of the implementation of the plan. Any participating
agency may perform any of these services required by the plan.
(c) Join with the county office, to submit to the superintendent a
local plan in accordance with Chapter 3 (commencing with Section
56200) to assure access to special education and services for all
individuals with exceptional needs residing in the geographic area
served by the plan. The county office shall coordinate the
implementation of the plan, unless otherwise specified in the plan.
The plan shall include, through contractual agreements, all of the
following:
(1) Establishment of a system for determining the responsibility
of participating agencies for the education of each individual with
exceptional needs residing in the geographical area served by the
plan.
(2) Designation of the county office, of a responsible local
agency, or of any other administrative entity to perform functions
such as the receipt and distribution of funds, provision of
administrative support, and coordination of the implementation of the
plan. Any participating agency may perform any of these services
required by the plan.
(d) The service area covered by the local plan developed under
subdivision (a), (b), or (c) shall be known as the special education
local plan area.
(e) Nothing in this section shall be construed to limit the
authority of a county office and a school district or group of school
districts to enter into contractual agreements for services relating
to the education of individuals with exceptional needs; provided
that, except for instructional personnel service units serving
infants, until a special education local plan area adopts a revised
local plan approved pursuant to Section 56836.03, the county office
of education or school district that reports a unit for funding shall
be the agency that employs the personnel who staff the unit, unless
the combined unit rate and support service ratio of the nonemploying
agency is equal to or lower than that of the employing agency and
both agencies agree that the nonemploying agency will report the unit
for funding.
56195.3. In developing a local plan under Section 56195.1, each
district shall do the following:
(a) Involve special and general teachers selected by their peers
and parents selected by their peers in an active role.
(b) Cooperate with the county office and other school districts in
the geographic areas in planning its option under Section 56195.1
and each fiscal year, notify the department, impacted special
education local plan areas, and participating county offices of its
intent to elect an alternative option from those specified in Section
56195.1, at least one year prior to the proposed effective date of
the implementation of the alternative plan.
(c) Cooperate with the county office to assure that the plan is
compatible with other local plans in the county and any county plan
of a contiguous county.
(d) Submit to the county office for review any plan developed
under subdivision (a) or (b) of Section 56195.1.
56195.5. (a) Each county office and district governing board
shall have authority over the programs it directly maintains,
consistent with the local plan submitted pursuant to Section 56195.1.
In counties with more than one special education local plan area
for which the county office provides services, relevant provisions of
contracts between the county office and its employees governing
wages, hours, and working conditions shall supersede like provisions
contained in a plan submitted under Section 56195.1.
(b) Any county office or district governing board may provide for
the education of individual pupils in special education programs
maintained by other districts or counties, and may include within the
special education programs pupils who reside in other districts or
counties. Section 46600 shall apply to interdistrict attendance
agreements for programs conducted pursuant to this part.
Article 2. Local Requirements
56195.7. In addition to the provisions required to be included in
the local plan pursuant to Chapter 3 (commencing with Section
56200), each special education local plan area that submits a local
plan pursuant to subdivision (b) of Section 56195.1 and each county
office that submits a local plan pursuant to subdivision (c) of
Section 56195.1 shall develop written agreements to be entered into
by entities participating in the plan. The agreements need not be
submitted to the superintendent. These agreements shall include, but
not be limited to, the following:
(a) A coordinated identification, referral, and placement system
pursuant to Chapter 4 (commencing with Section 56300).
(b) Procedural safeguards pursuant to Chapter 5 (commencing with
Section 56500).
(c) Regionalized services to local programs, including, but not
limited to, all of the following:
(1) Program specialist service pursuant to Section 56368.
(2) Personnel development, including training for staff, parents,
and members of the community advisory committee pursuant to Article 3
(commencing with Section 56240).
(3) Evaluation pursuant to Chapter 6 (commencing with Section
56600).
(4) Data collection and development of management information
systems.
(5) Curriculum development.
(6) Provision for ongoing review of programs conducted, and
procedures utilized, under the local plan, and a mechanism for
correcting any identified problem.
(d) A description of the process for coordinating services with
other local public agencies that are funded to serve individuals with
exceptional needs.
(e) A description of the process for coordinating and providing
services to individuals with exceptional needs placed in public
hospitals, proprietary hospitals, and other residential medical
facilities pursuant to Article 5.5 (commencing with Section 56167) of
Chapter 2.
(f) A description of the process for coordinating and providing
services to individuals with exceptional needs placed in licensed
children's institutions and foster family homes pursuant to Article 5
(commencing with Section 56155) of Chapter 2.
(g) A description of the process for coordinating and providing
services to individuals with exceptional needs placed in juvenile
court schools or county community schools pursuant to Section 56150.
(h) A budget for special education and related services that shall
be maintained by the special education local plan area and be open
to the public covering the entities providing programs or services
within the special education local plan area. The budget language
shall be presented in a form that is understandable by the general
public. For each local educational agency or other entity providing
a program or service, the budget, at minimum, shall display the
following:
(1) Expenditures by object code and classification for the
previous fiscal year and the budget by the same object code
classification for the current fiscal year.
(2) The number and type of certificated instructional and support
personnel, including the type of class setting to which they are
assigned, if appropriate.
(3) The number of instructional aides and other qualified
classified personnel.
(4) The number of enrolled individuals with exceptional needs
receiving each type of service provided.
56195.8. (a) Each entity providing special education under this
part shall adopt policies for the programs and services it operates,
consistent with agreements adopted pursuant to subdivision (b) or (c)
of Section 56195.1 or Section 56195.7. The policies need not be
submitted to the superintendent.
(b) The policies shall include, but not be limited to, all of the
following:
(1) Nonpublic, nonsectarian services, including those provided
pursuant to Sections 56365 and 56366.
(2) Review, at a general education or special education teacher's
request, of the assignment of an individual with exceptional needs to
his or her class and a mandatory meeting of the individualized
education program team if the review indicates a change in the pupil'
s placement, instruction, related services, or any combination
thereof. The procedures shall indicate which personnel are
responsible for the reviews and a timetable for completion of the
review.
(3) Procedural safeguards pursuant to Chapter 5 (commencing with
Section 56500).
(4) Resource specialists pursuant to Section 56362.
(5) Transportation, where appropriate, which describes how special
education transportation is coordinated with regular home-to-school
transportation. The policy shall set forth criteria for meeting the
transportation needs of special education pupils. The policy shall
include procedures to ensure compatibility between mobile seating
devices, when used, and the securement systems required by Federal
Motor Vehicle Safety Standard No. 222 (49 C.F.R. 571.222) and to
ensure that schoolbus drivers are trained in the proper installation
of mobile seating devices in the securement systems.
(6) Information on the number of individuals with exceptional
needs who are being provided special education and related services.
(7) Caseloads pursuant to Chapter 4.45 (commencing with Section
56440) of Part 30. The policies, with respect to caseloads, shall
not be developed until guidelines or proposed regulations are issued
pursuant to Section 56441.7. The guidelines or proposed regulations
shall be considered when developing the caseload policy. A statement
of justification shall be attached if the local caseload policy
exceeds state guidelines or proposed regulations.
(c) The policies may include, but are not limited to, provisions
for involvement of district and county governing board members in any
due process hearing procedure activities conducted pursuant to, and
consistent with, state and federal law.
56195.9. The plan for special education shall be developed and
updated cooperatively by a committee of representatives of special
and regular teachers and administrators selected by the groups they
represent and with participation by parent members of the community
advisory committee, or parents selected by the community advisory
committee, to ensure adequate and effective participation and
communication.
SEC. 13. Section 56200 of the Education Code is amended to read:
56200. Each local plan submitted to the superintendent under this
part shall contain all the following:
(a) Compliance assurances, including general compliance with the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec.
794), and this part.
(b) A description of services to be provided by each district and
county office. This description shall demonstrate that all
individuals with exceptional needs shall have access to services and
instruction appropriate to meet their needs as specified in their
individualized education programs.
(c) (1) A description of the governance and administration of the
plan, including the role of county office and district governing
board members.
(2) Multidistrict plans, submitted pursuant to subdivision (b) or
(c) of Section 56170, shall specify the responsibilities of each
participating county office and district governing board in the
policymaking process, the responsibilities of the superintendents of
each participating district and county in the implementation of the
plan, and the responsibilities of district and county administrators
of special education in coordinating the administration of the local
plan.
(d) Copies of joint powers agreements or contractual agreements,
as appropriate, for districts and counties that elect to enter into
those agreements pursuant to subdivision (b) or (c) of Section 56170.
(e) An annual budget plan to allocate instructional personnel
service units, support services, and transportation services directly
to entities operating those services and to allocate regionalized
services funds to the county office, responsible local agency, or
other alternative administrative structure. The annual budget plan
shall be adopted at a public hearing held by the district, special
education local plan area, or county office, as appropriate. Notice
of this hearing shall be posted in each school in the local plan area
at least 15 days prior to the hearing. The annual budget plan may
be revised during the fiscal year, and these revisions may be
submitted to the superintendent as amendments to the allocations set
forth in the plan. However, the revisions shall, prior to submission
to the superintendent, be approved according to the policymaking
process, established pursuant to paragraph (2) of subdivision (c).
(f) Verification that the plan has been reviewed by the community
advisory committee and that the committee had at least 30 days to
conduct this review prior to submission of the plan to the
superintendent.
(g) A description of the identification, referral, assessment,
instructional planning, implementation, and review in compliance with
Chapter 4 (commencing with Section 56300).
(h) A description of the process being utilized to meet the
requirements of Section 56303.
(i) A description of the process being utilized to meet the
requirements of the California Early Intervention Services Act, Title
14 (commencing with Section 95000) of the Government Code.
SEC. 14. Section 56202 is added to the Education Code, to read:
56202. This article shall only apply to districts, county
offices, and special education local plan areas that have not had a
revised local plan approved pursuant to Section 56836.03.
This article shall become inoperative on July 1, 2003, and, as of
January 1, 2004, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2004, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 15. Article 1.1 (commencing with Section 56205) is added to
Chapter 3 of Part 30 of the Education Code, to read:
Article 1.1. State Requirements
56205. Each special education local plan area shall submit a
local plan to the superintendent under this part. The local plan
shall contain all the following:
(a) Compliance assurances, including general compliance with the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec.
794), the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.), federal regulations relating thereto, and this part.
(b) (1) A description of the governance and administration of the
plan, including identification of the governing body of a
multidistrict plan or the individual responsible for administration
in a single district plan, and a description of the elected officials
to whom the governing body or individual is responsible.
(2) A description of the regionalized operations and services
listed in Section 56836.23 and the direct instructional support
provided by program specialists in accordance with Section 56368 to
be provided through the plan.
(3) Multidistrict plans, submitted pursuant to subdivision (b) or
(c) of Section 56195.1, shall specify the responsibilities of each
participating county office and district governing board in the
policymaking process, the responsibilities of the superintendents of
each participating district and county in the implementation of the
plan, and the responsibilities of district and county administrators
of special education in coordinating the administration of the local
plan.
(4) Multidistrict plans, submitted pursuant to subdivision (b) or
(c) of Section 56195.1, shall identify the respective roles of the
administrative unit and the administrator of the special education
local plan area and the individual local education agencies within
the special education local plan area in relation to the following:
(A) The hiring, supervision, evaluation, and discipline of the
administrator of the special education local plan area and staff
employed by the administrative unit in support of the local plan.
(B) The allocation from the state of federal and state funds to
the special education local plan area or to local education agencies
within the special education local plan area.
(C) The operation of special education programs.
(D) Monitoring the appropriate use of federal, state, and local
funds allocated for special education programs.
(E) The preparation of program and fiscal reports required of the
special education local plan area by the state.
(5) The description of the governance and administration of the
plan, and the policymaking process, shall be consistent with
subdivision (f) of Section 56001, subdivision (a) of Section 56195.3,
and Section 56195.9 and shall reflect a schedule of regular
consultations regarding policy and budget development with
representatives of special and regular teachers and administrators
selected by the groups they represent and parent members of the
community advisory committee established pursuant to Article 7
(commencing with Section 56190) of Chapter 2.
(c) A description of the method by which members of the public,
including parents or guardians of individuals with exceptional needs
who are receiving services under the plan, may address questions or
concerns to the governing body or individual identified in paragraph
(1) of subdivision (b).
(d) A description of an alternative resolution process, including
mediation and final and binding arbitration to resolve disputes over
the distribution of funding, the responsibility for service
provision, and other activities specified within the plan. Any
arbitration shall be conducted by the department.
(e) Copies of joint powers agreements or contractual agreements,
as appropriate, for districts and counties that elect to enter into
those agreements pursuant to subdivision (b) or (c) of Section
56195.1.
(f) An annual budget allocation plan that shall be adopted at a
public hearing held by the special education local plan area. Notice
of this hearing shall be posted in each school in the local plan
area at least 15 days prior to the hearing. The annual budget
allocation plan may be revised during any fiscal year, and these
revisions may be submitted to the superintendent as amendments to the
allocations set forth in the local plan. However, the revisions
shall, prior to submission to the superintendent, be approved
according to the policymaking process established pursuant to
paragraph (3) of subdivision (b) and consistent with subdivision (f)
of Section 56001 and Section 56222. The annual budget plan shall
separately identify the allocations for all of the following:
(1) Funds received in accordance with Chapter 7.2 (commencing with
Section 56836).
(2) Administrative costs of the plan.
(3) Special education services to pupils with severe disabilities
and low incidence disabilities.
(4) Special education services to pupils with nonsevere
disabilities.
(5) Supplemental aids and services to meet the individual needs of
pupils placed in regular education classrooms and environments.
(6) Regionalized operations and services, and direct instructional
support by program specialists in accordance with Article 6
(commencing with Section 56836.23) of Chapter 7.2.
(7) The use of property taxes allocated to the special education
local plan area pursuant to Section 2572.
(g) An annual service plan shall be adopted at a public hearing
held by the special education local plan area. Notice of this
hearing shall be posted in each school in the special education local
plan area at least 15 days prior to the hearing. The annual service
plan may be revised during any fiscal year, and these revisions may
be submitted to the superintendent as amendments to the plan.
However, the revisions shall, prior to submission to the
superintendent, be approved according to the policymaking process
established pursuant to paragraph (3) of subdivision (b) and
consistent with subdivision (f) of Section 56001 and Section 56222.
The annual service plan shall include a description of services to be
provided by each district and county office, including the nature of
the services and the location at which the services will be
provided, including alternative schools, charter schools, opportunity
schools and classes, community day schools operated by school
districts, community schools operated by county offices of education,
and juvenile court schools regardless of whether the district or
county office of education is participating in the local plan. This
description shall demonstrate that all individuals with exceptional
needs shall have access to services and instruction appropriate to
meet their needs as specified in their individualized education
programs.
(h) Verification that the plan has been reviewed by the community
advisory committee and that the committee had at least 30 days to
conduct this review prior to submission of the plan to the
superintendent.
(i) A description of the identification, referral, assessment,
instructional planning, implementation, and review in compliance with
Chapter 4 (commencing with Section 56300).
(j) A description of the process being utilized to meet the
requirements of Section 56303.
(k) A description of the process being utilized to meet the
requirements of the California Early Intervention Services Act, Title
14 (commencing with Section 95000) of the Government Code.
(l) The local plan, budget allocation plan, and annual service
plan shall be written in language that is understandable to the
general public.
56206. As a part of the local plan submitted pursuant to Section
56205, each special education local plan area shall describe how
specialized equipment and services will be distributed within the
local plan area in a manner that minimizes the necessity to serve
pupils in isolated sites and maximizes the opportunities to serve
pupils in the least restrictive environments.
56207. (a) No educational programs and services already in
operation in school districts or a county office of education
pursuant to Part 30 (commencing with Section 56000) shall be
transferred to another school district or a county office of
education or from a county office of education to a school district
unless the special education local plan area has developed a plan for
the transfer which addresses, at a minimum, all of the following:
(1) Pupil needs.
(2) The availability of the full continuum of services to affected
pupils.
(3) The functional continuation of the current individualized
education programs of all affected pupils.
(4) The provision of services in the least restrictive environment
from which affected pupils can benefit.
(5) The maintenance of all appropriate support services.
(6) The assurance that there will be compliance with all federal
and state laws and regulations and special education local plan area
policies.
(7) The means through which parents and staff were represented in
the planning process.
(b) The date on which the transfer will take effect may be no
earlier than the first day of the second fiscal year beginning after
the date on which the sending or receiving agency has informed the
other agency and the governing body or individual identified in
paragraph (1) of subdivision (b) of Section 56205, unless the
governing body or individual identified in paragraph (1) of
subdivision (b) of Section 56205 unanimously approves the transfer
taking effect on the first day of the first fiscal year following
that date.
(c) If either the sending or receiving agency disagree with the
proposed transfer, the matter shall be resolved by the alternative
resolution process established pursuant to subdivision (d) of Section
56205.
56208. This article shall apply to special education local plan
areas that are submitting a revised local plan for approval pursuant
to Section 56836.03 or that have an approved revised local plan
pursuant to Section 56836.03.
SEC. 16. Section 56210 of the Education Code is amended to read:
56210. (a) It is the intent of the Legislature in enacting this
article to ensure that individuals with exceptional needs residing in
special education local plan areas with small or sparse populations
have equitable access to the programs and services they may require.
It is further the intent of the Legislature to provide a guaranteed
minimum level of authorized instructional personnel service units to
special education local plan areas with small or sparse populations
and the means through which these special education local plan areas
may achieve planned orderly growth and maintenance of services
through the local planning process. It is also the intent of the
Legislature to relieve special education local plan areas with small
or sparse populations from the burdensome dependency upon the annual
waiver authority of Sections 56728.6, 56728.8, and 56761 so that
individuals with exceptional needs residing in those areas may have
equitable access to required programs and services.
(b) It is the further intent of the Legislature in enacting this
article that special education local plan areas with small or sparse
populations be provided with supplemental funding to facilitate their
ability to perform the regionalized service functions listed in
Section 56780 and provide the direct instructional support of program
specialists in accordance with Section 56368.
(c) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 17. Section 56211 of the Education Code is amended to read:
56211. (a) A special education local plan area submitting a local
plan, pursuant to subdivision (c) of Section 56195.1, which includes
all of the school districts located in the county submitting the
plan, except those participating in a countywide special education
local plan area located in an adjacent county, and which meets the
criteria for special education local plan areas with small or sparse
populations set forth in Section 56212, is eligible to request that
designation in its local plan application and may request exemption
for the three-year period covered by its approved plan from
compliance with one or more of the standards, ratios, and criteria
specified in subdivision (b). In requesting the designation in its
local plan application, the special education local plan area shall
include a maintenance of service section, pursuant to Section 56213,
in which it may request authorization to operate pursuant to the
provisions of this article for the three-year period covered by its
approved local plan. Each request shall specify which of the
standards, ratios, proportions, and criteria for which any exemption
is requested, and why compliance with the standards, ratios,
proportions, and criteria would prevent the provision of a free
appropriate public education or would create undue hardship.
(b) An eligible special education local plan area submitting a
local plan application pursuant to this section may request exemption
from the standards, ratios, and criteria set forth in Sections
56728.6, 56728.8 and 56760 pertaining to the authorization,
recapture, retention, and operation of instructional personnel
service units.
(c) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 18. Section 56211 is added to the Education Code, to read:
56211. A special education local plan area submitting a local
plan, pursuant to subdivision (c) of Section 56195.1, which includes
all of the school districts located in the county submitting the
plan, except those participating in a countywide special education
local plan area located in an adjacent county, and which meets the
criteria for special education local plan areas with small
populations set forth in Section 56212, is eligible to request that
designation in its local plan application.
This section shall become operative on July 1, 1998.
SEC. 19. Section 56212 of the Education Code is amended to read:
56212. An eligible special education local plan area, which
submits a local plan under the provisions of Section 56211, may
request designation as a small or sparsely populated special
education local plan area in one of the following categories:
(a) A necessary small special education local plan area in which
the total enrollment in kindergarten and grades 1 to 12, inclusive,
is less than 15,000, and which includes all of the school districts
located in the county or counties participating in the local plan.
(b) A sparsely populated special education local plan area in
which the total enrollment in kindergarten and grades 1 to 12,
inclusive, is less than 25,000, in which the combined pupil density
ratio is not more than 20 pupils in those grades per square mile, and
which includes all of the school districts located in the county
submitting the plan except those that are participants in a
countywide special education local plan area located in an adjacent
county.
(c) A special education local plan area with a sparsely populated
county in which a special education local plan area includes all of
the districts in two or more adjacent counties and in which at least
one of the counties would have met the criteria set forth in
subdivision (a) or (b) of this section if the districts and the
county office of education had elected to submit a single county
plan.
(d) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 20. Section 56212 is added to the Education Code, to read:
56212. An eligible special education local plan area, which
submits a local plan under the provisions of Section 56211, may
request designation as a necessary small special education local plan
area if its total reported units of average daily attendance in
kindergarten and grades 1 to 12, inclusive, is less than 15,000, and
if it includes all of the school districts located in the county or
counties participating in the local plan.
This section shall become operative on July 1, 1998.
SEC. 21. Section 56213 of the Education Code is amended to read:
56213. (a) Each eligible special education local plan area that
submits a local plan pursuant to Section 56211 and that elects
exemptions from the standards, ratios, proportions, and criteria set
forth in Sections 56728.6, 56728.8, and 56760 pertaining to the
authorization, recapture, retention, and operation of instructional
personnel service units shall, for the duration of its local plan,
retain, as minimum annual authorization, the number of authorized
instructional personnel service units, and portions thereof, that it
reported as operated at the second principal apportionment of the
fiscal year immediately preceding the initial year of implementation
of the local plan submitted pursuant to this article.
(b) In addition to the contents required to be included in the
local plan pursuant to Section 56200, a local plan application
submitted pursuant to this article shall include a maintenance of
service section in which the eligible special education local plan
area shall project the type and total number of additional
instructional personnel service units, and portions thereof, it will
require for each year of the duration of the local plan, the
locations in which instructional personnel service units will be
utilized, their estimated caseloads, and a description of the
services to be provided.
(c) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 22. Section 56214 of the Education Code is amended to read:
56214. Each small or sparsely populated special education local
plan area which anticipates that its service needs will require
instructional personnel service units, or portions thereof, in excess
of those authorized in its approved local plan may submit, prior to
March 1 of any year, an amendment to the maintenance of service
section of its local plan in which it may request an increase in its
total number of authorized instructional personnel service units
beginning in the following year. The amendment shall project the
type and total number of additional instructional personnel service
units, and portions thereof, the small or sparsely populated special
education local plan area will require for each remaining year of the
duration of the local plan, the locations in which additional
instructional personnel service units will be utilized, their
estimated caseloads, and a description of the services to be
provided.
This section shall become inoperative on July 1, 1998, and, as of
January 1, 1999, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 1999, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 23. Section 56214.5 of the Education Code is amended to read:
56214.5. A special education local plan area which ceases meeting
the criteria set forth in Sections 56211 and 56212 during any year
in which the local plan area is implementing an approved local plan
pursuant to this article shall retain the exemptions authorized
pursuant to Section 56213 and the then current level of authorized
instructional personnel service units for the following year.
This section shall become inoperative on July 1, 1998, and, as of
January 1, 1999, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 1999, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 24. Section 56217 of the Education Code is amended to read:
56217. Plans and amendments submitted pursuant to this article
shall be approved by the State Board of Education prior to the
implementation of those plans and amendments.
This section shall become inoperative on July 1, 1998, and, as of
January 1, 1999, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 1999, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 25. Section 56218 of the Education Code is amended to read:
56218. Instructional personnel service units authorized pursuant
to this article shall not increase the statewide total number of
instructional personnel service units for the purposes of state
apportionments unless an appropriation specifically for an increase
in the number of instructional personnel service units is made in the
annual Budget Act or other legislation. If an appropriation is
made, instructional personnel service units authorized pursuant to
this article shall be included in the increased number of units and
shall be funded only by the appropriation and no other funds may be
apportioned for them.
This section shall become inoperative on July 1, 1998, and, as of
January 1, 1999, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 1999, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 26. Article 2 (commencing with Section 56220) of Chapter 3 of
Part 30 of the Education Code is repealed.
SEC. 27. Section 56325 of the Education Code is amended to read:
56325. (a) Whenever a pupil transfers into a school district from
a school district not operating programs under the same local plan
in which he or she was last enrolled in a special education program,
the administrator of a local program under this part shall ensure
that the pupil is immediately provided an interim placement for a
period not to exceed 30 days. The interim placement must be in
conformity with an individualized education program, unless the
parent or guardian agrees otherwise. The individualized education
program implemented during the interim placement may be either the
pupil's existing individualized education program, implemented to the
extent possible within existing resources, which may be implemented
without complying with subdivision (a) of Section 56321, or a new
individualized education program developed pursuant to Section 56321.
(b) Before the expiration of the 30-day period, the interim
placement shall be reviewed by the individualized education program
team and a final recommendation shall be made by the team in
accordance with the requirements of this chapter. The team may
utilize information, records, and reports from the school district or
county program from which the pupil transferred.
(c) Whenever a pupil described in subdivision (a) is placed and
residing in a residential nonpublic, nonsectarian school, the special
education local plan area making that placement shall continue to be
responsible for the funding of the placement for the remainder of
the school year.
SEC. 28. Section 56342 of the Education Code is amended to read:
56342. The individualized education program team shall review the
assessment results, determine eligibility, determine the content of
the individualized education program, consider local transportation
policies and criteria developed pursuant to paragraph (5) of
subdivision (b) of Section 56195.8, and make program placement
recommendations.
Prior to recommending a new placement in a nonpublic, nonsectarian
school, the individualized education program team shall submit the
proposed recommendation to the local governing board of the district
and special education local plan area for review and recommendation
regarding the cost of the placement.
The local governing board shall complete its review and make its
recommendations, if any, at the next regular meeting of the board. A
parent or representative shall have the right to appear before the
board and submit written and oral evidence regarding the need for
nonpublic school placement for his or her child. Any recommendations
of the board shall be considered at an individualized education
program team meeting, to be held within five days of the board's
review.
Notwithstanding Section 56344, the time limit for the development
of an individualized education program shall be waived for a period
not to exceed 15 additional days to permit the local governing board
to meet its review and recommendation requirements.
SEC. 29. Section 56360 of the Education Code is amended to read:
56360. Each special education local plan area shall ensure that a
continuum of program options is available to meet the needs of
individuals with exceptional needs for special education and related
services, as required by the Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.) and federal regulations relating
thereto.
SEC. 30. Section 56361 of the Education Code is amended to read:
56361. The continuum of program options shall include, but not
necessarily be limited to, all of the following or any combination of
the following:
(a) Regular education programs consistent with subparagraph (B) of
paragraph (5) of Section 1412 and clause (iv) of subparagraph (C) of
paragraph (1) of subsection (a) of Section 1414 of Title 20 of the
United States Code and implementing regulations.
(b) A resource specialist program pursuant to Section 56362.
(c) Designated instruction and services pursuant to Section 56363.
(d) Special classes and centers pursuant to Section 56364.
(e) Nonpublic, nonsectarian school services pursuant to Section
56365.
(f) State special schools pursuant to Section 56367.
(g) Instruction in settings other than classrooms where specially
designed instruction may occur.
(h) Itinerant instruction in classrooms, resource rooms, and
settings other than classrooms where specially designed instruction
may occur to the extent required by federal law or regulation.
(i) Instruction using telecommunication, and instruction in the
home, in hospitals, and in other institutions to the extent required
by federal law or regulation.
SEC. 31. Section 56362 of the Education Code is amended to read:
56362. (a) The resource specialist program shall provide, but not
be limited to, all of the following:
(1) Provision for a resource specialist or specialists who shall
provide instruction and services for those pupils whose needs have
been identified in an individualized education program developed by
the individualized education program team and who are assigned to
regular classroom teachers for a majority of a schoolday.
(2) Provision of information and assistance to individuals with
exceptional needs and their parents.
(3) Provision of consultation, resource information, and material
regarding individuals with exceptional needs to their parents and to
regular staff members.
(4) Coordination of special education services with the regular
school programs for each individual with exceptional needs enrolled
in the resource specialist program.
(5) Monitoring of pupil progress on a regular basis, participation
in the review and revision of individualized education programs, as
appropriate, and referral of pupils who do not demonstrate
appropriate progress to the individualized education program team.
(6) Emphasis at the secondary school level on academic
achievement, career and vocational development, and preparation for
adult life.
(b) The resource specialist program shall be under the direction
of a resource specialist who is a credentialed special education
teacher, or who has a clinical services credential with a special
class authorization, who has had three or more years of teaching
experience, including both regular and special education teaching
experience, as defined by rules and regulations of the Commission on
Teacher Credentialing and who has demonstrated the competencies for a
resource specialist, as established by the Commission on Teacher
Credentialing.
(c) Caseloads for resource specialists shall be stated in the
local policies developed pursuant to Section 56195.8 and in
accordance with regulations established by the board. No resource
specialist shall have a caseload which exceeds 28 pupils.
(d) Resource specialists shall not simultaneously be assigned to
serve as resource specialists and to teach regular classes.
(e) Resource specialists shall not enroll a pupil for a majority
of a schoolday without prior approval by the superintendent.
(f) At least 80 percent of the resource specialists within a local
plan shall be provided with an instructional aide.
SEC. 32. Section 56364 of the Education Code is amended to read:
56364. (a) Special classes and centers that enroll pupils with
similar and more intensive educational needs shall be available. The
classes and centers shall enroll the pupils when the nature or
severity of the disability precludes their participation in the
regular school program for a majority of a schoolday. Special
classes and centers and other removal of individuals with exceptional
needs from the regular education environment shall occur only when
education in regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily due to the nature or
severity of the exceptional need.
In providing or arranging for the provision of activities, each
public agency shall ensure that each individual with exceptional
needs participates in those activities with nondisabled pupils to the
maximum extent appropriate to the needs of the individual with
exceptional needs, including nonacademic and extracurricular services
and activities. Special classes and centers shall meet standards
adopted by the board.
(b) This section shall not apply to any special education local
plan area that has a revised local plan approved pursuant to Section
56836.03. This section shall apply to special education local plan
areas that have not had a revised local plan approved pursuant to
that section.
(c) This section shall become inoperative on July 1, 2003, and, as
of January 1, 2004, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2004, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 33. Section 56364.5 is added to the Education Code, to read:
56364.5. (a) Special classes and centers that enroll pupils with
similar and more intensive educational needs shall be available. The
classes and centers shall enroll pupils when the nature or severity
of the disability precludes their participation in the regular school
program for all or significant portions of a schoolday. Special
classes and centers and other removal of individuals with exceptional
needs from the regular education environment shall occur only when
education in regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily due to the nature or
severity of the exceptional needs.
(b) In providing or arranging for the provision of activities,
each public agency shall ensure that each individual with exceptional
needs participates in those activities with nondisabled pupils to
the maximum extent appropriate to the needs of the individual with
exceptional needs, including nonacademic and extracurricular services
and activities. Special classes and centers shall meet standards
adopted by the board.
(c) This section shall only apply to special education local plan
areas that have had a revised local plan approved pursuant to Section
56836.03.
SEC. 34. Section 56366.2 of the Education Code is amended to read:
56366.2. (a) A district, special education local plan area,
county office, nonpublic, nonsectarian school, or nonpublic,
nonsectarian agency may petition the superintendent to waive one or
more of the requirements under Sections 56365, 56366, 56366.3,
56366.6, and 56366.7. The petition shall state the reasons for the
waiver request, and shall include the following:
(1) Sufficient documentation to demonstrate that the waiver is
necessary to the content and implementation of a specific pupil's
individualized education program and the pupil's current placement.
(2) The period of time that the waiver will be effective during
any one school year.
(3) Documentation and assurance that the waiver does not abrogate
any right provided individuals with exceptional needs and their
parents or guardians under state or federal law, and does not hinder
the compliance of a district, special education local plan area, or
county office with the Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.), Section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. Sec. 794), the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations
relating thereto.
(b) No waiver shall be granted for reimbursement of those costs
prohibited under Article 4 (commencing with Section 56836.20) of
Chapter 7.2 of Part 30 or for the certification requirements pursuant
to Section 56366.1 unless approved by the board pursuant to Section
56101.
(c) In submitting the annual report on waivers granted under
Section 56101 and this section to the State Board of Education, the
superintendent shall specify information related to the provision of
special education and related services to individuals with
exceptional needs through contracts with nonpublic, nonsectarian
schools and agencies located in the state, nonpublic, nonsectarian
school and agency placements in facilities located out of state, and
the specific section waived pursuant to this section.
SEC. 35. Section 56366.9 is added to the Education Code, to read:
56366.9. A licensed children's institution at which individuals
with exceptional needs reside shall not require as a condition of
residential placement that it provide the appropriate educational
programs to those individuals through a nonpublic, nonsectarian
school or agency owned or operated by a licensed children's
institution. Those services may only be provided if the special
education local plan area determines that alternative educational
programs are not available.
SEC. 36. Section 56370 of the Education Code is amended to read:
56370. A transfer of special education programs from a school
district to the county superintendent of schools or to other school
districts, or from the county superintendent of schools to school
districts, shall not be approved by the Superintendent of Public
Instruction if the transfer would result in diminishing the level of
services or the opportunity of the affected pupils to interact with
the general school population, as required in the individualized
education programs of the affected pupils.
This section shall not apply to any special education local plan
area that has a revised local plan approved pursuant to Section
56836.03. This section shall apply to special education local plan
areas that have not had a revised local plan approved pursuant to
this section.
This section shall become inoperative on July 1, 2003, and, as of
January 1, 2004, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2004, deletes or extends
the dates on which it
becomes inoperative and is repealed.
SEC. 37. Chapter 4.3 (commencing with Section 56400) of Part 30,
of the Education Code is repealed.
SEC. 38. Section 56425 of the Education Code is amended to read:
56425. As a condition of receiving state aid pursuant to this
part, each district, special education local plan area, or county
office that operated early education programs for individuals with
exceptional needs younger than three years of age, as defined in
Section 56026, and that received state or federal aid for special
education for those programs in the 1980-81 fiscal year, shall
continue to operate early education programs in the 1981-82 fiscal
year and each fiscal year thereafter.
If a district or county office offered those programs in the
1980-81 fiscal year but in a subsequent year transfers the programs
to another district or county office in the special education local
plan area, the district or county office shall be exempt from the
provisions of this section in any year when the programs are offered
by the district or county office to which they were transferred.
A district, special education local plan area, or county office
that is required to offer a program pursuant to this section shall be
eligible for funding pursuant to Chapter 7 (commencing with Section
56700) of Part 30.
This section shall become inoperative on July 1, 1998, and, as of
January 1, 1999, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 1999, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 39. Section 56425 is added to the Education Code, to read:
56425. As a condition of receiving state aid pursuant to this
part, each district, special education local plan area, or county
office that operated early education programs for individuals with
exceptional needs younger than three years of age, as defined in
Section 56026, and that received state or federal aid for special
education for those programs in the 1980-81 fiscal year, shall
continue to operate early education programs in the 1981-82 fiscal
year and each fiscal year thereafter.
If a district or county office offered those programs in the
1980-81 fiscal year but in a subsequent year transfers the programs
to another district or county office in the special education local
plan area, the district or county office shall be exempt from the
provisions of this section in any year when the programs are offered
by the district or county office to which they were transferred.
A district, special education local plan area, or county office
that is required to offer a program pursuant to this section shall be
eligible for funding pursuant to Section 56432.
This section shall become operative on July 1, 1998.
SEC. 40. Section 56425.5 of the Education Code is amended to read:
56425.5. The Legislature hereby finds and declares that early
education programs for infants identified as individuals with
exceptional needs that provide educational services with active
parent involvement can significantly reduce the potential impact of
many disabling conditions, and positively influence later development
when the child reaches schoolage.
Early education programs funded pursuant to Sections 56427, 56428,
and 56728.8 shall provide a continuum of program options provided by
a transdisciplinary team to meet the multiple and varied needs of
infants and their families. Recognizing the parent as the infant's
primary teacher, it is the Legislature's intent that early education
programs shall include opportunities for the family to receive home
visits and to participate in family involvement activities pursuant
to Sections 56426.1 and 56426.4. It is the intent of the Legislature
that, as an infant grows older, program emphasis would shift from
home-based services to a combination of home-based and group
services.
It is further the intent of the Legislature that services rendered
by state and local agencies serving infants with exceptional needs
and their families be coordinated and maximized.
This section shall become inoperative on July 1, 1998, and, as of
January 1, 1999, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 1999, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 41. Section 56425.5 is added to the Education Code, to read:
56425.5. The Legislature hereby finds and declares that early
education programs for infants identified as individuals with
exceptional needs that provide educational services with active
parent involvement, can significantly reduce the potential impact of
many disabling conditions, and positively influence later development
when the child reaches schoolage.
Early education programs funded pursuant to Sections 56427, 56428,
and 56432 shall provide a continuum of program options provided by a
transdisciplinary team to meet the multiple and varied needs of
infants and their families. Recognizing the parent as the infant's
primary teacher, it is the Legislature's intent that early education
programs shall include opportunities for the family to receive home
visits and to participate in family involvement activities pursuant
to Sections 56426.1 and 56426.4. It is the intent of the Legislature
that, as an infant grows older, program emphasis would shift from
home-based services to a combination of home-based and group
services.
It is further the intent of the Legislature that services rendered
by state and local agencies serving infants with exceptional needs
and their families be coordinated and maximized.
This section shall become operative on July 1, 1998.
SEC. 42. Section 56426 of the Education Code is amended to read:
56426. An early education program shall include services
specially designed to meet the unique needs of infants, from birth to
three years of age, and their families. The primary purpose of an
early education program is to enhance development of the infant. To
meet this purpose, the program shall focus upon the infant and his or
her family, and shall include home visits, group services, and
family involvement activities. Early education programs funded
pursuant to Sections 56427, 56428, and 56728.8 shall include, as
program options, home-based services pursuant to Section 56426.1, and
home-based and group services pursuant to Section 56426.2 and shall
be provided in accordance with the Individuals with Disabilities
Education Act (20 U.S.C. Secs. 1471 to 1485, incl.), and the
California Early Intervention Services Act, Title 14 (commencing with
Section 95000) of the Government Code.
This section shall become inoperative on July 1, 1998, and, as of
January 1, 1999, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 1999, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 43. Section 56426 is added to the Education Code, to read:
56426. An early education program shall include services
specially designed to meet the unique needs of infants, from birth to
three years of age, and their families. The primary purpose of an
early education program is to enhance development of the infant. To
meet this purpose, the program shall focus upon the infant and his or
her family, and shall include home visits, group services, and
family involvement activities. Early education programs funded
pursuant to Sections 56427, 56428, and 56432 shall include, as
program options, home-based services pursuant to Section 56426.1, and
home-based and group services pursuant to Section 56426.2 and shall
be provided in accordance with the Individuals with Disabilities
Education Act (20 U.S.C. Secs. 1471 to 1485, incl.), and the
California Early Intervention Services Act, Title 14 (commencing with
Section 95000) of the Government Code.
This section shall become operative on July 1, 1998.
SEC. 44. Section 56426.1 of the Education Code is amended to read:
56426.1. (a) Home-based early education services funded pursuant
to Sections 56427, 56428, and 56728.8 shall include, but not be
limited to, all of the following:
(1) Observing the infant's behavior and development in his or her
natural environment.
(2) Presenting activities that are developmentally appropriate for
the infant and are specially designed, based on the infant's
exceptional needs, to enhance the infant's development. Those
activities shall be developed to conform with the infant's
individualized family service plan and to ensure that they do not
conflict with his or her medical needs.
(3) Modeling and demonstrating developmentally appropriate
activities for the infant to the parents, siblings, and other
caregivers, as designated by the parent.
(4) Interacting with the family members and other caregivers, as
designated by the parent, to enhance and reinforce their development
of skills necessary to promote the infant's development.
(5) Discussing parental concerns related to the infant and the
family, and supporting parents in coping with their infant's needs.
(6) Assisting parents to solve problems, to seek other services in
their community, and to coordinate the services provided by various
agencies.
(b) The frequency of home-based services shall be once or twice a
week, depending on the needs of the infant and the family.
(c) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 45. Section 56426.1 is added to the Education Code, to read:
56426.1. (a) Home-based early education services funded pursuant
to Sections 56427, 56428, and 56432 shall include, but not be limited
to, all of the following:
(1) Observing the infant's behavior and development in his or her
natural environment.
(2) Presenting activities that are developmentally appropriate for
the infant and are specially designed, based on the infant's
exceptional needs, to enhance the infant's development. Those
activities shall be developed to conform with the infant's
individualized family service plan and to ensure that they do not
conflict with his or her medical needs.
(3) Modeling and demonstrating developmentally appropriate
activities for the infant to the parents, siblings, and other
caregivers, as designated by the parent.
(4) Interacting with the family members and other caregivers, as
designated by the parent, to enhance and reinforce their development
of skills necessary to promote the infant's development.
(5) Discussing parental concerns related to the infant and the
family, and supporting parents in coping with their infant's needs.
(6) Assisting parents to solve problems, to seek other services in
their community, and to coordinate the services provided by various
agencies.
(b) The frequency of home-based services shall be once or twice a
week, depending on the needs of the infant and the family.
(c) This section shall become operative on July 1, 1998.
SEC. 46. Section 56426.2 of the Education Code is amended to read:
56426.2. (a) Early education services funded pursuant to Sections
56427, 56428, and 56728.8 shall be provided through both home visits
and group settings with other infants, with or without the parent.
Home-based and group services shall include, but not be limited to,
all of the following:
(1) All services identified in subdivision (a) of Section 56426.1.
(2) Group and individual activities that are developmentally
appropriate and specially designed, based on the infant's exceptional
needs, to enhance the infant's development. Those activities shall
be developed to conform with the infant's individualized family
service plan and to ensure that they do not conflict with his or her
medical needs.
(3) Opportunities for infants to socialize and participate in play
and exploration activities.
(4) Transdisciplinary services by therapists, psychologists, and
other specialists as appropriate.
(5) Access to various developmentally appropriate equipment and
specialized materials.
(6) Opportunities for family involvement activities, including
parent education and parent support groups.
(b) Services provided in a center under this chapter shall not
include child care or respite care.
(c) The frequency of group services shall not exceed three hours a
day for up to, and including, three days a week, and shall be
determined on the basis of the needs of the infant and the family.
(d) The frequency of home visits provided in conjunction with
group services shall range from one to eight visits per month,
depending on the needs of the infant and the family.
(e) Group services shall be provided on a ratio of no more than
four infants to one adult.
(f) Parent participation in group services shall be encouraged.
(g) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 47. Section 56426.2 is added to the Education Code, to read:
56426.2. (a) Early education services funded pursuant to Sections
56427, 56428, and 56432 shall be provided through both home visits
and group settings with other infants, with or without the parent.
Home-based and group services shall include, but not be limited to,
all of the following:
(1) All services identified in subdivision (a) of Section 56426.1.
(2) Group and individual activities that are developmentally
appropriate and specially designed, based on the infant's exceptional
needs, to enhance the infant's development. Those activities shall
be developed to conform with the infant's individualized family
service plan and to ensure that they do not conflict with his or her
medical needs.
(3) Opportunities for infants to socialize and participate in play
and exploration activities.
(4) Transdisciplinary services by therapists, psychologists, and
other specialists as appropriate.
(5) Access to various developmentally appropriate equipment and
specialized materials.
(6) Opportunities for family involvement activities, including
parent education and parent support groups.
(b) Services provided in a center under this chapter shall not
include child care or respite care.
(c) The frequency of group services shall not exceed three hours a
day for up to, and including, three days a week, and shall be
determined on the basis of the needs of the infant and the family.
(d) The frequency of home visits provided in conjunction with
group services shall range from one to eight visits per month,
depending on the needs of the infant and the family.
(e) Group services shall be provided on a ratio of no more than
four infants to one adult.
(f) Parent participation in group services shall be encouraged.
(g) This section shall become operative on July 1, 1998.
SEC. 48. Section 56426.25 of the Education Code is amended to
read:
56426.25. The maximum service levels set forth in Sections
56426.1 and 56426.2 apply only for purposes of the allocation of
funds for early education programs pursuant to Sections 56427, 56428,
and 56728.8, and may be exceeded by a district, special education
local plan area, or county office, in accordance with the infants'
individualized family service plan, provided that no change in the
level of entitlement to state funding under this part thereby
results.
This section shall become inoperative on July 1, 1998, and, as of
January 1, 1999, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 1999, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 49. Section 56426.25 is added to the Education Code, to read:
56426.25. The maximum service levels set forth in Sections
56426.1 and 56426.2 apply only for purposes of the allocation of
funds for early education programs pursuant to Sections 56427, 56428,
and 56432, and may be exceeded by a district, special education
local plan area, or county office, in accordance with the infants'
individualized family service plan, provided that no change in the
level of entitlement to state funding under this part thereby
results.
This section shall become operative on July 1, 1998.
SEC. 50. Section 56426.4 of the Education Code is amended to read:
56426.4. (a) Family involvement activities funded pursuant to
Sections 56427, 56428, and 56728.8 shall support family members in
meeting the practical and emotional issues and needs of raising their
infant. These activities may include, but are not limited to, the
following:
(1) Educational programs that present information or demonstrate
techniques to assist the family to promote their infant's
development.
(2) Parent education and training to assist families in
understanding, planning for, and meeting the unique needs of their
infant.
(3) Parent support groups to share similar experiences and
possible solutions.
(4) Instruction in making toys and other materials appropriate to
their infant's exceptional needs and development.
(b) The frequency of family involvement activities shall be at
least once a month.
(c) Participation by families in family involvement activities
shall be voluntary.
(d) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 51. Section 56426.4 is added to the Education Code, to read:
56426.4. (a) Family involvement activities funded pursuant to
Sections 56427, 56428, and 56432 shall support family members in
meeting the practical and emotional issues and needs of raising their
infant. These activities may include, but are not limited to, the
following:
(1) Educational programs that present information or demonstrate
techniques to assist the family to promote their infant's
development.
(2) Parent education and training to assist families in
understanding, planning for, and meeting the unique needs of their
infant.
(3) Parent support groups to share similar experiences and
possible solutions.
(4) Instruction in making toys and other materials appropriate to
their infant's exceptional needs and development.
(b) The frequency of family involvement activities shall be at
least once a month.
(c) Participation by families in family involvement activities
shall be voluntary.
(d) This section shall become operative on July 1, 1998.
SEC. 52. Section 56427 of the Education Code is amended to read:
56427. (a) Not less than two million three hundred twenty-four
thousand dollars ($2,324,000) of the federal discretionary funds
appropriated to the State Department of Education under the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.) in any fiscal year shall be expended for early education
programs for infants with exceptional needs and their families, until
the department determines, and the Legislature concurs, that the
funds are no longer needed for that purpose.
(b) Programs ineligible to receive funding pursuant to Section
56425 or 56728.8 may receive funding pursuant to subdivision (a).
(c) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 53. Section 56427 is added to the Education Code, to read:
56427. (a) Not less than two million three hundred twenty-four
thousand dollars ($2,324,000) of the federal discretionary funds
appropriated to the State Department of Education under the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.) in any fiscal year shall be expended for early education
programs for infants with exceptional needs and their families, until
the department determines, and the Legislature concurs, that the
funds are no longer needed for that purpose.
(b) Programs ineligible to receive funding pursuant to Section
56425 or 56432 may receive funding pursuant to subdivision (a).
(c) This section shall become operative on July 1, 1998.
SEC. 54. Section 56429 of the Education Code is amended to read:
56429. In order to assure the maximum utilization and
coordination of local early education services, eligibility for the
receipt of funds pursuant to Section 56425, 56427, 56428, or 56728.8
is conditioned upon the approval by the superintendent of a local
plan for early education services, which approval shall apply for not
less than one, nor more than four years. The local plan shall
identify existing public and private early education services, and
shall include an interagency plan for the delivery of early education
services in accordance with the California Early Intervention
Services Act, Title 14 (commencing with Section 95000) of the
Government Code.
This section shall become inoperative on July 1, 1998, and, as of
January 1, 1999, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 1999, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 55. Section 56429 is added to the Education Code, to read:
56429. In order to assure the maximum utilization and
coordination of local early education services, eligibility for the
receipt of funds pursuant to Section 56425, 56427, 56428, or 56432 is
conditioned upon the approval by the superintendent of a local plan
for early education services, which approval shall apply for not less
than one, nor more than four, years. The local plan shall identify
existing public and private early education services, and shall
include an interagency plan for the delivery of early education
services in accordance with the California Early Intervention
Services Act, Title 14 (commencing with Section 95000) of the
Government Code.
This section shall become operative on July 1, 1998.
SEC. 56. Section 56430 of the Education Code is amended to read:
56430. (a) Early education services may be provided by any of the
following methods:
(1) Directly by a local educational agency.
(2) Through an interagency agreement between a local educational
agency and another public agency.
(3) Through a contract with another public agency pursuant to
Section 56369.
(4) Through a contract with a certified nonpublic, nonsectarian
school, or nonpublic, nonsectarian agency pursuant to Section 56366.
(5) Through a contract with a nonsectarian hospital in accordance
with Section 56361.5.
(b) Contracts or agreements with agencies identified in
subdivision (a) for early education services are strongly encouraged
when early education services are currently provided by another
agency, and when found to be a cost-effective means of providing the
services. The placement of individual infants under the contract
shall not require specific approval by the governing board of the
district or the county office.
(c) Early education services provided under this chapter shall be
funded pursuant to Sections 56427, 56428, and 56728.8. Early
education programs shall not be funded pursuant to any of Sections
56740 to 56743, inclusive.
(d) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 57. Section 56430 is added to the Education Code, to read:
56430. (a) Early education services may be provided by any of the
following methods:
(1) Directly by a local educational agency.
(2) Through an interagency agreement between a local educational
agency and another public agency.
(3) Through a contract with another public agency pursuant to
Section 56369.
(4) Through a contract with a certified nonpublic, nonsectarian
school, or nonpublic, nonsectarian agency pursuant to Section 56366.
(5) Through a contract with a nonsectarian hospital in accordance
with Section 56361.5.
(b) Contracts or agreements with agencies identified in
subdivision (a) for early education services are strongly encouraged
when early education services are currently provided by another
agency, and when found to be a cost-effective means of providing the
services. The placement of individual infants under the contract
shall not require specific approval by the governing board of the
district or the county office.
(c) Early education services provided under this chapter shall be
funded pursuant to Sections 56427, 56428, and 56432.
(d) This section shall become operative on July 1, 1998.
SEC. 58. Section 56432 is added to the Education Code, to read:
56432. (a) For the 1998-99 fiscal year and each fiscal year
thereafter, a special education local plan area shall be eligible for
state funding of those instructional personnel service units
operated and fundable for services to individuals with exceptional
needs younger than three years of age at the second principal
apportionment of the prior fiscal year, as long as the pupil count of
these pupils divided by the number of instructional personnel
service units is not less than the following:
(1) For special classes and centers--12, based on the unduplicated
pupil count.
(2) For resource specialist programs--24, based on the
unduplicated pupil count.
(3) For designated instruction and services--12, based on the
unduplicated pupil count, or 39, based on the duplicated pupil count.
(b) A special education local plan area shall be eligible for
state funding of instructional personnel service units for services
to individuals with exceptional needs younger than three years of age
in excess of the number of instructional personnel service units
operated and fundable at the second principal apportionment of the
prior fiscal year only with the authorization of the superintendent.
(c) The superintendent shall base the authorization of funding for
special education local plan areas pursuant to this section,
including the reallocation of instructional personnel service units,
upon criteria that shall
include, but not be limited to, the following:
(1) Changes in the total number of pupils younger than three years
of age enrolled in special education programs.
(2) High- and low-average caseloads per instructional personnel
service unit for each instructional setting.
(d) Infant programs in special classes and centers funded pursuant
to this item shall be supported by two aides, unless otherwise
required by the superintendent.
(e) Infant services in resource specialist programs funded
pursuant to this item shall be supported by one aide.
(f) When units are allocated pursuant to this subdivision, the
superintendent shall allocate only the least expensive unit
appropriate.
(g) Notwithstanding Sections 56211 and 56212, a special education
local plan area may apply for, and the superintendent may grant, a
waiver of any of the standards and criteria specified in this section
if compliance would prevent the provision of a free, appropriate
public education or would create undue hardship. In granting the
waivers, the superintendent shall give priority to the following
factors:
(1) Applications from special education local plan areas for
waivers for a period not to exceed three years to specifically
maintain or increase the level of special education services
necessary to address the special education service requirements of
individuals with exceptional needs residing in sparsely populated
districts or attending isolated schools designated in the
application.
(A) Sparsely populated districts are school districts that meet
one of the following conditions:
(i) A school district or combination of contiguous school
districts in which the total enrollment is less than 600 pupils,
kindergarten and grades 1 to 12, inclusive, and in which one or more
of the school facilities is an isolated school.
(ii) A school district or combination of contiguous school
districts in which the total pupil density ratio is less than 15
pupils, kindergarten and grades 1 to 12, inclusive, per square mile
and in which one or more of the school facilities is an isolated
school.
(B) Isolated schools are schools with enrollments of less than 600
pupils, kindergarten and grades 1 to 12, inclusive, that meet one or
more of the following conditions:
(i) The school is located more than 45 minutes average driving
time over commonly used and well-traveled roads from the nearest
school, including schools in adjacent special education local plan
areas, with an enrollment greater than 600 pupils, kindergarten and
grades 1 to 12, inclusive.
(ii) The school is separated, by roads that are impassable for
extended periods of time due to inclement weather, from the nearest
school, including schools in adjacent special education local plan
areas, with an enrollment greater than 600 pupils, kindergarten and
grades 1 to 12, inclusive.
(iii) The school is of a size and location that, when its
enrollment is combined with the enrollments of the two largest
schools within an average driving time of not more than 30 minutes
over commonly used and well-traveled roads, including schools in
adjacent special education local plan areas, the combined enrollment
is less than 600 pupils, kindergarten and grades 1 to 12, inclusive.
(iv) The school is the one of normal attendance for a severely
disabled individual, as defined in Section 56030.5, or an individual
with a low-incidence disability, as defined in Section 56026.5, who
otherwise would be required to be transported more than 75 minutes,
average one-way driving time over commonly used and well-traveled
roads, to the nearest appropriate program.
(2) The location of licensed children's institutions, foster
family homes, residential medical facilities, or similar facilities
that serve children younger than three years of age and are within
the boundaries of a local plan if 3 percent or more of the local plan'
s unduplicated pupil count resides in those facilities.
(h) By authorizing units pursuant to this section, the
superintendent shall not increase the statewide total number of
instructional personnel service units for purposes of state
apportionments unless an appropriation specifically for growth in the
number of instructional personnel service units is made in the
annual Budget Act or other legislation. If that growth appropriation
is made, units authorized by the superintendent pursuant to this
section are subject to the restrictions that the units shall be
funded only by that growth appropriation and no other funds may be
apportioned for the units.
(i) The superintendent shall monitor the use of instructional
personnel service units retained or authorized by the granting of
waivers pursuant to subdivision (h) to ensure that the instructional
personnel service units are used in a manner wholly consistent with
the basis for the waiver request.
(j) This section shall become operative on July 1, 1998.
SEC. 59. Section 56441.14 of the Education Code is amended to
read:
56441.14. Criteria and options for meeting the special education
transportation needs of individuals with exceptional needs between
the ages of three and five, inclusive, shall be included in the local
transportation policy required pursuant to paragraph (5) of
subdivision (b) of Section 56195.8.
SEC. 60. Section 56448 of the Education Code is repealed.
SEC. 61. Section 56449 of the Education Code is repealed.
SEC. 62. Section 56500 of the Education Code is amended to read:
56500. As used in this chapter, "public education agency" means a
district, special education local plan area, or county office,
depending on the category of local plan elected by the governing
board of a school district pursuant to Section 56195.1, or any other
public agency providing special education or related services.
SEC. 63. Section 56832 is added to the Education Code, to read:
56832. (a) This chapter shall become inoperative on July 1, 1998,
and, as of January 1, 1999, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 1999, deletes
or extends the dates on which it becomes inoperative and is
repealed.
(b) Notwithstanding subdivision (a), this chapter, as it existed
on December 31, 1998, shall apply until June 30, 2001, for the
purpose of recertifications of amounts funded under this chapter.
SEC. 64. Chapter 7.1 (commencing with Section 56835) is added to
Part 30 of the Education Code, to read:
CHAPTER 7.1. EQUALIZATION FOR 1997-98 FISCAL YEAR
56835. It is the intent of the Legislature in enacting this
chapter to provide a mechanism for computing a one-time equalization
adjustment for local educational agencies providing special education
and related services. It is further the intent of the Legislature
to make equalization adjustments pursuant to this chapter for the
1997-98 fiscal year only to the extent funds are appropriated for
that purpose. This chapter shall not be construed to establish any
equalization entitlement in any fiscal year subsequent to the 1997-98
fiscal year.
56835.01. For the purposes of computing equalization adjustments
for the 1997-98 fiscal year, the superintendent shall make the
following computations to determine the special education services
unit rates for services provided to pupils who are severely disabled
and pupils who are not severely disabled for each district and each
county office as follows:
(a) To determine the special education services unit rate for
teachers of special day classes and centers for pupils who are
severely disabled for the school district or county office of
education, make the following computations:
(1) Add one to the support services quotient for severely disabled
pupils for the annual apportionment for the 1995-96 fiscal year
computed pursuant to subdivision (c) of Section 56737 and subdivision
(c) of Section 56828, if applicable.
(2) Multiply the sum computed in paragraph (1) by the
instructional personnel services unit rate for special day classes
computed for the annual apportionment for the 1995-96 fiscal year
pursuant to the applicable provisions of subdivision (a) of Section
56721, subdivision (a) of Section 56722, Sections 56723 and 56724,
and subdivision (c) of Section 56828.
(3) Subtract the amount computed in subdivision (c) from the rate
computed in paragraph (2). This is the special education services
unit rate for teachers of special day classes and centers for pupils
who are severely disabled to be used for the purpose of computing
equalization adjustments for the district or county office pursuant
to this chapter.
(b) For the purpose of computing, pursuant to subdivision (d), the
average special education services unit rate for services to pupils
who are not severely disabled, make the following computations for
each district and county office:
(1) Determine the special education services unit rate for
teachers of special day classes and centers for pupils with
exceptional needs who are not severely disabled by making the
following computations:
(A) Add one to the support services quotient for pupils with
exceptional needs who are not severely disabled for the annual
apportionment for the 1995-96 fiscal year computed pursuant to
subdivision (b) of Section 56737 and subdivision (c) of Section
56828, if applicable.
(B) Multiply the sum computed in subparagraph (A) by the
instructional personnel services unit rate for special day classes
computed for the annual apportionment for the 1995-96 fiscal year
pursuant to the applicable provisions of subdivision (a) of Section
56721, subdivision (a) of 56722, Sections 56723 and 56724, and
subdivision (c) of Section 56828.
(C) Multiply the number of instructional personnel services units
for teachers of special day classes and centers for pupils who are
not severely disabled reported for the district or county office for
the annual apportionment for the 1995-96 fiscal year by the rate
computed in subparagraph (B).
(2) Determine the special education services unit rate for
resource specialists for the district or county office by making the
following computations:
(A) Add one to the support services quotient for pupils with
exceptional needs who are not severely disabled for the annual
apportionment for the 1995-96 fiscal year computed pursuant to
subdivision (b) of Section 56737 and subdivision (c) of Section
56828, if applicable.
(B) Multiply the sum computed in subparagraph (A) by the
instructional personnel services unit rate for resource specialists
computed for the annual apportionment for the 1995-96 fiscal year
pursuant to the applicable provisions of subdivision (b) of Section
56721, subdivisions (d) and (e) of Section 56722, Sections 56723 and
56724, and subdivision (c) of Section 56828.
(C) Multiply the number of instructional personnel services units
for resource specialists reported for the district or county office
for the annual apportionment for the 1995-96 fiscal year by the rate
computed in subparagraph (B).
(3) Determine the special education services unit rate for
designated instruction and services by making the following
computations:
(A) Add one to the support services quotient for pupils with
exceptional needs who are not severely disabled computed for the
annual apportionment for the 1995-96 fiscal year pursuant to
subdivision (b) of Section 56737 and subdivision (c) of Section
56828, if applicable.
(B) Multiply the sum computed in subparagraph (A) by the
instructional personnel services unit rate for designated instruction
and services computed for the annual apportionment for the 1995-96
fiscal year pursuant to the applicable provisions of subdivision (c)
of Section 56721, subdivision (f) of Section 56722, Sections 56723
and 56724, and subdivision (c) of Section 56828.
(C) Multiply the number of instructional personnel services units
for designated instruction and services reported for the district or
county office for the annual apportionment for the 1995-96 fiscal
year by the rate computed in subparagraph (B).
(c) For each district and county office, divide the amount
computed pursuant to Article 6 (commencing with Section 56750) of
Chapter 6 for the district or county office by the total number of
instructional personnel services units reported for the types of
special education services units specified in subdivision (a) and
paragraphs (1), (2), and (3) of subdivision (b) for the annual
apportionment for the 1995-96 fiscal year.
(d) For each district and county office, to determine the average
special education services unit rate for services to pupils who are
not severely disabled, make the following computations:
(1) Add the amounts computed for services to pupils who are not
severely disabled pursuant to subparagraph (C) of paragraph (1),
subparagraph (C) of paragraph (2), and subparagraph (C) of paragraph
(3) of subdivision (b).
(2) Add the total number of instructional personnel services units
for teachers of special day classes and centers for pupils who are
not severely disabled, resource specialists, and designated
instruction and services reported for the district or county office
for the annual apportionment for the 1995-96 fiscal year.
(3) Divide the amount computed in paragraph (1) by the number
computed in paragraph (2).
(4) Subtract the amount computed in subdivision (c) from the rate
computed in paragraph (3). This is the average special education
services unit rate for services to pupils who are not severely
disabled for the district or county office.
56835.02. For the purposes of computing equalization adjustments
for the 1997-98 fiscal year, the superintendent shall make the
following computations to determine the special education services
unit rates for instructional aides for pupils with exceptional needs
for each district and each county office:
(a) To determine the special education services unit rate for
instructional aides for pupils who are severely disabled for the
district or county office, make the following computations:
(1) Add one to the support services quotient for severely disabled
pupils for the annual apportionment for the 1995-96 fiscal year
computed pursuant to subdivision (c) of Section 56737 and subdivision
(c) of Section 56828, if applicable.
(2) Multiply the sum computed in paragraph (1) by the
instructional personnel services unit rate for instructional aides
computed for the annual apportionment for the 1995-96 fiscal year
pursuant to the applicable provisions of subdivision (d) of Section
56721, Sections 56722, 56723, and 56724, and subdivision (c) of
Section 56828.
(b) To determine the unit rate for instructional aides for pupils
with exceptional needs who are not severely disabled for the district
or county office, make the following computations:
(1) Add one to the support services quotient for pupils with
exceptional needs who are not severely disabled for the annual
apportionment for the 1995-96 fiscal year computed pursuant to
subdivision (b) of Section 56737 and subdivision (c) of Section
56828, if applicable.
(2) Multiply the sum computed in paragraph (1) by the
instructional personnel services unit rate for instructional aides
computed for the annual apportionment for the 1995-96 fiscal year
pursuant to the applicable provisions of subdivision (d) of Section
56721, Sections 56722, 56723, and 56724, and subdivision (c) of
Section 56828.
56835.03. For the 1997-98 fiscal year only, the superintendent
shall make the following computations to determine the amounts of the
equalization adjustment, if any, for the types of special education
services units described in Sections 56835.01 and 56835.02 for each
district and county office:
(a) To arrive at the statewide average unit rate for each type of
special education services unit for the 1995-96 fiscal year, as
computed for districts and county offices pursuant to Sections
56835.01 and 56835.02, perform the following computations:
(1) Make the following computations to determine the statewide
average unit rates for districts for the following types of special
education services units:
(A) To determine the statewide average unit rate for teachers of
special day classes and centers for pupils who are severely disabled:
(i) Multiply the special education services unit rate for teachers
of special day classes and centers for pupils who are severely
disabled computed for each district pursuant to subdivision (a) of
Section 56835.01 by the total number of instructional personnel
services units reported for teachers of special day classes and
centers for pupils who are severely disabled for the district for the
annual apportionment for the 1995-96 fiscal year.
(ii) Total the products for each district computed pursuant to
clause (i).
(iii) Total the number of instructional personnel services units
for teachers of special day classes and centers for pupils who are
severely disabled reported for each district for the annual
apportionment for the 1995-96 fiscal year.
(iv) Divide the sum computed pursuant to clause (ii) by the sum
computed pursuant to clause (iii).
(B) To determine the statewide average unit rate for special
education services to pupils who are not severely disabled:
(i) Multiply the average special education services unit rate for
services to pupils who are not severely disabled computed for each
district pursuant to subdivision (d) of Section 56835.01 by the total
number of instructional personnel services units for pupils who are
not severely disabled reported for the district for the annual
apportionment for the 1995-96 fiscal year.
(ii) Total the products for each district computed pursuant to
clause (i).
(iii) Total the number of instructional personnel services units
for special education services to pupils who are not severely
disabled reported for each district for the annual apportionment for
the 1995-96 fiscal year.
(iv) Divide the sum computed pursuant to clause (ii) by the sum
computed pursuant to clause (iii).
(C) To determine the statewide average unit rate for instructional
aides for pupils who are severely disabled:
(i) Multiply the special education services unit rate for
instructional aides for pupils who are severely disabled computed for
each district pursuant to subdivision (a) of Section 56835.02 by the
total number of instructional personnel services units for
instructional aides for pupils who are severely disabled reported for
the district for the annual apportionment for the 1995-96 fiscal
year.
(ii) Total the products for each district computed pursuant to
clause (i).
(iii) Total the number of instructional personnel services units
for instructional aides for pupils who are severely disabled reported
for each district for the annual apportionment for the 1995-96
fiscal year.
(iv) Divide the sum computed pursuant to clause (ii) by the sum
computed pursuant to clause (iii).
(D) To determine the statewide average unit rate for instructional
aides for pupils who are not severely disabled:
(i) Multiply the special education services unit rate for
instructional aides for pupils who are not severely disabled computed
for each district pursuant to subdivision (b) of Section 56835.02 by
the total number of instructional personnel services units for
instructional aides for pupils who not are severely disabled reported
for the district for the annual apportionment for the 1995-96 fiscal
year.
(ii) Total the products for each district computed pursuant to
clause (i).
(iii) Total the number of instructional personnel services units
for instructional aides for pupils who are not severely disabled
reported for each district for the annual apportionment for the
1995-96 fiscal year.
(iv) Divide the sum computed pursuant to clause (ii) by the sum
computed pursuant to clause (iii).
(2) Make the following computations to determine the statewide
average special education services unit rates for county offices for
the following types of special education services units:
(A) To determine the statewide average unit rate for teachers of
special day classes and centers for pupils who are severely disabled:
(i) Multiply the special education services unit rate for teachers
of special day classes and centers for pupils who are severely
disabled computed for each county office pursuant to subdivision (a)
of Section 56835.01 by the total number of instructional personnel
services units reported for teachers of special day classes and
centers for pupils who are severely disabled for the county office
for the annual apportionment for the 1995-96 fiscal year.
(ii) Total the products for each county office computed pursuant
to clause (i).
(iii) Total the number of instructional personnel services units
for teachers of special day classes and centers for pupils who are
severely disabled reported for each county office for the annual
apportionment for the 1995-96 fiscal year.
(iv) Divide the sum computed pursuant to clause (ii) by the sum
computed pursuant to clause (iii).
(B) To determine the statewide average unit rate for special
education services to pupils who are not severely disabled:
(i) Multiply the average special education services unit rate for
services to pupils who are not severely disabled computed for each
county office pursuant to subdivision (d) of Section 56835.01 by the
total number of instructional personnel services units reported for
pupils who are not severely disabled reported for the county office
for the annual apportionment for the 1995-96 fiscal year.
(ii) Total the products for each county office computed pursuant
to clause (i).
(iii) Total the number of instructional personnel services units
for special education services to pupils who are not severely
disabled reported for each county office for the annual apportionment
for the 1995-96 fiscal year.
(iv) Divide the sum computed pursuant to clause (ii) by the sum
computed pursuant to clause (iii).
(C) To determine the statewide average unit rate for instructional
aides for pupils who are severely disabled:
(i) Multiply the special education services unit rate for
instructional aides for pupils who are severely disabled computed for
each county office pursuant to subdivision (a) of Section 56835.02
by the total number of instructional personnel services units for
instructional aides for pupils who are severely disabled reported for
the county office for the annual apportionment for the 1995-96
fiscal year.
(ii) Total the products for each county office computed pursuant
to clause (i).
(iii) Total the number of instructional personnel services units
for instructional aides for pupils who are severely disabled reported
for each county office for the annual apportionment for the 1995-96
fiscal year.
(iv) Divide the sum computed pursuant to clause (ii) by the sum
computed pursuant to clause (iii).
(D) To determine the statewide average unit rate for instructional
aides for pupils who are not severely disabled:
(i) Multiply the special education services unit rate for
instructional aides for pupils who are not severely disabled computed
for each county office pursuant to subdivision (b) of Section
56835.02 by the total number of instructional personnel services
units for instructional aides for pupils who are not severely
disabled reported for the county office for the annual apportionment
for the 1995-96 fiscal year.
(ii) Total the products for each county office computed pursuant
to clause (i).
(iii) Total the number of instructional personnel services units
for instructional aides for pupils who are not severely disabled
reported for each county office for the annual apportionment for the
1995-96 fiscal year.
(iv) Divide the sum computed pursuant to clause (ii) by the sum
computed pursuant to clause (iii).
(b) Make the following computations to determine the difference
between the unit rate computed for each type of special education
services unit for each district and county office and the statewide
average unit rate computed in subdivision (a) for each type of
special education services unit for districts and county offices:
(1) For each district, make the following computations:
(A) Subtract the special education services unit rate for teachers
of special day classes and centers for pupils who are severely
disabled computed for the district pursuant to subdivision (a) of
Section 56835.01 from the statewide average unit rate for teachers of
special day classes and centers for pupils who are severely disabled
computed pursuant to subparagraph (A) of paragraph (1) of
subdivision (a).
(B) Subtract the average special education services unit rate for
services to pupils who are not severely disabled computed for the
district pursuant to subdivision (d) of Section 56835.01 from the
statewide average unit rate for services to pupils who are not
severely disabled computed pursuant to subparagraph (B) of paragraph
(1) of subdivision (a).
(C) Subtract the special education services unit rate for
instructional aides for pupils who are severely disabled computed for
the district pursuant to subdivision (a) of Section 56835.02 from
the statewide average unit rate for instructional aides for pupils
who are severely disabled computed pursuant to subparagraph (C) of
paragraph (1) of subdivision (a).
(D) Subtract the special education services unit rate for
instructional aides for pupils who are not severely disabled computed
for the district pursuant to subdivision (b) of Section 56835.02
from the statewide average unit rate for instructional aides for
pupils who are not severely disabled computed pursuant to
subparagraph (D) of paragraph (1) of subdivision (a).
(2) For each county office, make the following computations:
(A) Subtract the special education services unit rate for teachers
of special day classes and centers for pupils who are severely
disabled computed for the county office pursuant to subdivision (a)
of Section 56835.01 from the statewide average unit rate for teachers
of special day classes and centers for pupils who are severely
disabled computed pursuant to subparagraph (A) of paragraph (2) of
subdivision (a).
(B) Subtract the average special education services unit rate for
services to pupils who are not severely disabled computed for the
county office pursuant to subdivision (d) of Section 56835.01 from
the statewide average unit rate for services to pupils who are not
severely disabled computed pursuant to subparagraph (B) of paragraph
(2) of subdivision (a).
(C) Subtract the
special education services unit rate for instructional aides for
pupils who are severely disabled computed for the county office
pursuant to subdivision (a) of Section 56835.02 from the statewide
average unit rate for instructional aides for pupils who are severely
disabled computed pursuant to subparagraph (C) of paragraph (2) of
subdivision (a).
(D) Subtract the special education services unit rate for
instructional aides for pupils who are not severely disabled computed
for the county office pursuant to subdivision (b) of Section
56835.02 from the statewide average unit rate for instructional aides
for pupils who are not severely disabled computed pursuant to
subparagraph (D) of paragraph (2) of subdivision (a).
(c) For each district and county office, multiply the difference
in the unit rate determined for each type of special education
services unit pursuant to subdivision (b) by the total number of
units of that type of special education services unit that were
reported for the district or county office at the annual
apportionment for the 1995-96 fiscal year.
(d) For each district and county office, add the amounts computed
pursuant to subdivision (c) for the district or county office that
are zero or greater. Each district and county office having an
amount that is zero or greater shall receive an equalization
adjustment in the amount computed pursuant to subdivision (g).
(e) Total the amounts computed pursuant to subdivision (d) for
each district and county office to determine the total statewide
amount necessary to fully fund this section in the 1997-98 fiscal
year.
(f) Divide the amount that is actually appropriated for the
1997-98 fiscal year for the purpose of equalization pursuant to this
chapter by the amount computed pursuant to subdivision (e) to
determine the percentage of the amount computed for each district and
county office pursuant to subdivision (d) that will be funded
pursuant to this section.
(g) For the 1997-98 fiscal year to determine the amount of the
equalization adjustment to apportion to each eligible district and
county office pursuant to this section, multiply the amount computed
pursuant to subdivision (d) by the percentage computed pursuant to
subdivision (f). The superintendent shall apportion an equalization
adjustment for the 1997-98 fiscal year in the amount equal to that
product to the district or county office.
56835.04. (a) The data certified by the State Department of
Education to the Controller for the 1995-96 fiscal year with respect
to apportionments computed under Chapter 7 (commencing with Section
56700) shall be used for the purposes of making computations based
upon the 1995-96 fiscal year pursuant to this chapter.
(b) For purposes of this chapter, information reported "for the
1995-96 annual apportionment" means the data meeting the requirements
of subdivision (a), as certified in March 1997.
56835.05. (a) The department shall continuously monitor and
review all special education programs approved under this chapter to
assure that all funds appropriated to districts and county offices
under this chapter are expended for the purposes intended.
(b) Funds apportioned to districts and county offices pursuant to
this chapter shall be expended exclusively for programs operated
under this part.
56835.06. Regardless of when this act becomes effective, it is
the intent of the Legislature to make the apportionments for the
equalization adjustments computed pursuant to this chapter for the
entire 1997-98 fiscal year.
56835.07. This chapter shall become inoperative on July 1, 1998,
and, as of January 1, 1999, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 1999, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 65. Chapter 7.2 (commencing with Section 56836) is added to
Part 30 of the Education Code, to read:
CHAPTER 7.2. SPECIAL EDUCATION FUNDING
Article 1. Administration
56836. Commencing with the 1998-99 fiscal year and for each
fiscal year thereafter, apportionments to special education local
plan areas for special education programs operated by, and services
provided by, districts, county offices, and special education local
plan areas shall be computed pursuant to this chapter.
56836.01. Commencing with the 1998-99 fiscal year and each fiscal
year thereafter, the administrator of each special education local
plan area, in accordance with the local plan approved by the
superintendent, shall be responsible for the following:
(a) The fiscal administration of the annual budget allocation plan
for special education programs of school districts and county
superintendents of schools composing the special education local plan
area.
(b) The allocation of state and federal funds allocated to the
special education local plan area for the provision of special
education and related services by those entities.
(c) The reporting and accounting requirements prescribed by this
part.
56836.02. (a) The superintendent shall apportion funds from
Section A of the State School Fund to districts and county offices of
education in accordance with the allocation plan adopted pursuant to
subdivision (f) of Section 56205, unless the local plan approved by
the superintendent specified that they be apportioned to the
administrative unit of the special education local plan area. If the
local plan specifies that the funds be apportioned to the
administrative unit of the special education local plan area, the
administrator of the special education local plan area shall, upon
receipt, distribute the funds in accordance with the allocation plan
adopted pursuant to subdivision (f) of Section 56205. Unless the
local plan approved by the superintendent specifies an alternative
method of distributing state and local funds among the participating
local educational agencies, the funds shall be distributed by the
special education local plan area as allocated instructional
personnel service units and operated as computed in Chapter 7
(commencing with Section 56700) as that chapter existed on December
31, 1998, or Chapter 7.1 (commencing with Section 56835).
(b) The superintendent shall apportion funds for regionalized
services and program specialists from Section A of the State School
Fund to the administrative unit of each special education local plan
area. Upon receipt, the administrator of a special education local
plan area shall direct the administrative unit of the special
education local plan area to distribute the funds in accordance with
the allocation plan adopted pursuant to subdivision (f) of Section
56205.
56836.03. (a) On or after January 1, 1998, each special education
local plan area shall submit a revised local plan. Each special
education local plan area shall submit its revised local plan not
later than the time it is required to submit its local plan pursuant
to subdivision (b) of Section 56100 and the revised local plan shall
meet the requirements of Chapter 3 (commencing with Section 56200).
(b) Until the superintendent has approved the revised local plan
and the special education local plan area begins to operate under the
revised local plan, each special education local plan area shall
continue to operate under the programmatic, reporting, and accounting
requirements prescribed by the State Department of Education for the
purposes of Chapter 7 (commencing with Section 56700) as that
chapter existed on December 31, 1998. The department shall develop
transition guidelines, and, as necessary, transition forms, to
facilitate a transition from the reporting and accounting methods
required for Chapter 7 (commencing with Section 56700) as that
chapter existed on December 31, 1998, and related provisions of this
part, to the reporting and accounting methods required for this
chapter. Under no circumstances shall the transition guidelines
exceed the requirements of the provisions described in paragraphs (1)
and (2). The transition guidelines shall, at a minimum, do the
following:
(1) Describe the method for accounting for the instructional
service personnel units and caseloads, as required by Chapter 7
(commencing with Section 56700) as that chapter existed on December
31, 1998.
(2) Describe the accounting that is required to be made, if any,
for the purposes of Sections 56030, 56140, 56156.5, 56361.5, 56362,
56363.3, 56365.5, 56366.2, 56366.3, 56370, 56441.5, 56441.7, and
56447.
(c) Commencing with the 1997-98 fiscal year, through and including
the fiscal year in which equalization among special education local
plan areas has been achieved, the board shall not approve any
proposal to divide a special education local plan area into two or
more units, unless the division has no net impact on state costs for
special education; provided, however, that the board may approve a
proposal that was initially submitted to the department prior to
January 1, 1997.
56836.04. (a) The superintendent shall continuously monitor and
review all special education programs approved under this part to
assure that all funds appropriated to special education local plan
areas under this part are expended for the purposes intended.
(b) Funds apportioned to special education local plan areas
pursuant to this chapter shall be expended exclusively for programs
operated under this part.
56836.05. Apportionments made under this part shall be made by
the superintendent as early as practicable in the fiscal year. Upon
order of the superintendent, the Controller shall draw warrants upon
the money appropriated, in favor of the eligible special education
local plan areas.
Article 2. Computation of Apportionments
56836.06. For the purposes of this article, the following terms
or phrases shall have the following meanings, unless the context
clearly requires otherwise:
(a) "Average daily attendance reported for the special education
local plan area" means the total of the following:
(1) The total number of units of average daily attendance reported
for the second principal apportionment pursuant to Section 41601 for
all pupils enrolled in the district or districts that are a part of
the special education local plan area.
(2) The total number of units of average daily attendance reported
pursuant to Section 41601 for all pupils enrolled in schools
operated by the county office or offices that compose the special
education local plan area, or for those county offices that are a
part of more than one special education local plan area, that portion
of the average daily attendance of pupils enrolled in the schools
operated by the county office that are under the jurisdiction of the
special education local plan area.
(b) "Special education local plan area" includes the school
district or districts and county office or offices of education
composing the special education local plan area.
(c) "The fiscal year in which equalization among special education
local plan areas has been achieved" means the first fiscal year in
which each special education local plan area is funded at or above
the statewide target amount per unit of average daily attendance, as
computed pursuant to Section 56836.11.
56836.08. (a) For the 1998-99 fiscal year, the superintendent
shall make the following computations to determine the amount of
funding for each special education local plan area:
(1) Add the amount of funding per unit of average daily attendance
computed for the special education local plan area pursuant to
paragraph (1) of subdivision (a) of Section 56836.10 to the inflation
adjustment computed pursuant to subdivision (d) for the 1998-99
fiscal year.
(2) Multiply the amount computed in paragraph (1) by the units of
average daily attendance reported for the special education local
plan area for the 1997-98 fiscal year.
(3) Add the actual amount of the equalization adjustment, if any,
computed for the 1998-99 fiscal year pursuant to Section 56836.14 to
the amount computed in paragraph (2).
(4) Add or subtract, as appropriate, the adjustment for growth
computed pursuant to Section 56836.15 from the amount computed in
paragraph (3).
(5) Add the special disabilities adjustment computed pursuant to
Article 2.5 (commencing with Section 56836.155).
(b) For the 1999-2000 fiscal year and each fiscal year thereafter,
the superintendent shall make the following computations to
determine the amount of funding for each special education local plan
area for the fiscal year in which the computation is made:
(1) Add the amount of funding per unit of average daily attendance
computed for the special education local plan area for the prior
fiscal year pursuant to Section 56836.10 to the inflation adjustment
computed pursuant to subdivision (d) for the fiscal year in which the
computation is made.
(2) Multiply the amount computed in paragraph (1) by the units of
average daily attendance reported for the special education local
plan area for the prior fiscal year.
(3) Add the actual amount of the equalization adjustment, if any,
computed for the special education local plan area for the fiscal
year in which the computation is made pursuant to Section 56836.14 to
the amount computed in paragraph (2).
(4) Add or subtract, as appropriate, the adjustment for growth or
decline in enrollment, if any, computed for the special education
local plan area for the fiscal year in which the computation is made
pursuant to Section 56836.15 from the amount computed in paragraph
(3).
(5) Add the special disabilities adjustment computed pursuant to
Article 2.5 (commencing with Section 56836.155) and increased
pursuant to subparagraph (D) if the adjusted funding per unit of
average daily attendance of the special education local plan area is
below the statewide target amount per unit of average daily
attendance as determined pursuant to subparagraphs (A) to (C),
inclusive, as follows:
(A) Calculate the adjusted amount of funding per unit of average
daily attendance for each special education local plan area, measured
in dollars and cents, using the methodology contained in subdivision
(a) of Section 56836.10, except that the amount used from the
computation in Section 56836.09 shall be reduced by the amount
computed pursuant to Article 2.5 (commencing with Section 56836.155).
(B) Determine the statewide target amount per unit of average
daily attendance, measured in dollars and cents and rounded up to the
nearest 50 cents ($0.50), as computed pursuant to subdivision (a) of
Section 56836.11.
(C) The adjusted funding per unit of average daily attendance is
below the statewide target amount if the amount calculated pursuant
to subparagraph (A), subtracted from the amount calculated pursuant
to subparagraph (B), yields a positive value.
(D) If the computation made pursuant to subparagraph (C) yields a
positive value, increase the special disabilities adjustment in the
1999-2000 fiscal year and each year thereafter by the percent
increase in growth in average daily attendance reported by the
special education local plan area and the inflation factor computed
pursuant to subdivision (b) of Section 42238.1 for the applicable
fiscal year.
(E) Inclusion of the special disabilities adjustment in the total
funding of a special education local plan area shall neither change
nor be included in the computation of equalization funding pursuant
to Section 56836.12 or the computations made after this computation
that precede the computation in Section 56836.12.
(c) For the 1998-99 fiscal year and each fiscal year thereafter,
the superintendent shall make the following computations to determine
the amount of General Fund moneys that the special education local
plan area may claim:
(1) Add the total of the amount of property taxes allocated to the
special education local plan area pursuant to Section 2572 for the
fiscal year in which the computation is made to the amount of federal
funds allocated to the special education local plan area pursuant to
Part B of the Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.) for the fiscal year in which the computation is
made.
(2) Add the amount of funding computed for the special education
local plan area pursuant to subdivision (a) for the 1998-99 fiscal
year, and commencing with the 1999-2000 fiscal year and each fiscal
year thereafter, the amount computed for the fiscal year in which the
computations were made pursuant to subdivision (b) to the amount of
funding computed for the special education local plan area pursuant
to Article 3 (commencing with Section 56836.16).
(3) Subtract the sum computed in paragraph (1) from the sum
computed in paragraph (2).
(d) For the 1998-99 fiscal year and each fiscal year thereafter,
the superintendent shall make the following computations to determine
the inflation adjustment for the fiscal year in which the
computation is made:
(1) For the 1998-99 fiscal year, multiply the statewide target
amount per unit of average daily attendance for special education
local plan areas for the 1997-98 fiscal year computed pursuant to
paragraph (3) of Section 56836.11 by the inflation factor computed
pursuant to subdivision (b) of Section 42238.1 for the 1998-99 fiscal
year.
(2) For the 1999-2000 fiscal year and each fiscal year thereafter,
multiply the statewide target amount per unit of average daily
attendance for special education local plan areas for the prior
fiscal year computed pursuant to Section 56836.11 by the inflation
factor computed pursuant to subdivision (b) of Section 42238.1 for
the fiscal year in which the computation is made.
56836.09. For the purpose of computing the amount to apportion to
each special education local plan area for the 1998-99 fiscal year,
the superintendent shall compute the total amount of funding received
by the special education local plan area for the 1997-98 fiscal year
as follows:
(a) Add the following amounts that were received for the 1997-98
fiscal year:
(1) The total amount of federal funds available to the state
pursuant to Part B of the Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.) allocated to the special education
local plan area for the purposes of special education for individuals
with exceptional needs enrolled in kindergarten and grades 1 to 12,
inclusive.
(2) The total amount of federal funds available to the state
pursuant to Part B of the Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.) allocated to the special education
local plan area for the purposes of providing preschool and related
services to individuals with exceptional needs who are ages 3 to 5
years, inclusive, pursuant to Chapter 4.45 (commencing with Section
56440).
(3) The total amount of property taxes allocated to the special
education local plan area pursuant to Section 2572.
(4) The total amount of General Fund moneys allocated to the
special education local plan area pursuant to Chapter 7 (commencing
with Section 56700) plus the total amount received for equalization
pursuant to Chapter 7.1 (commencing with Section 56835), as those
chapters existed on December 31, 1998.
(5) The total amount of General Fund moneys and federal funds
available to the state pursuant to Part B of the Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) allocated to
another special education local plan area for any pupils with
exceptional needs who are served by the other special education local
plan area but who are residents of the special education local plan
area for which this computation is being made.
(b) Add the following amounts received in the 1997-98 fiscal year:
(1) The total amount determined for the special education local
plan area for the purpose of providing nonpublic, nonsectarian school
services to licensed children's institutions, foster family homes,
residential medical facilities, and other similar facilities for the
1997-98 fiscal year pursuant to Article 3 (commencing with Section
56836.16).
(2) The total amount of General Fund moneys and federal funds
available to the state pursuant to Part B of the Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) allocated
for any pupils with exceptional needs who are served by the special
education local plan area but who do not reside within the boundaries
of the special education local plan area.
(3) The total amount of General Fund moneys allocated to the
special education local plan area to perform the regionalized
operations and services functions listed in Article 6 (commencing
with Section 56836.23) and to provide the direct instructional
support of program specialists in accordance with Section 56368.
(4) The total amount of General Fund moneys allocated to the
special education local plan area for individuals with exceptional
needs younger than three years of age pursuant to Chapter 7
(commencing with Section 56700), as that chapter existed on December
31, 1998.
(5) The total amount of General Fund moneys allocated to local
education agencies within the special education local plan area
pursuant to Section 56771, as that section existed on December 31,
1998, for specialized books, materials, and equipment for pupils with
low-incidence disabilities.
(c) Subtract the sum computed in subdivision (b) from the sum
computed in subdivision (a).
56836.10. (a) The superintendent shall make the following
computations to determine the amount of funding per unit of average
daily attendance for each special education local plan area for the
1998-99 fiscal year:
(1) Divide the amount of funding for the special education local
plan area computed for the 1997-98 fiscal year pursuant to Section
56836.09 by the number of units of average daily attendance reported
for the special education local plan area for the 1997-98 fiscal
year.
(2) Add the amount computed in paragraph (1) to the inflation
adjustment computed pursuant to subdivision (d) of Section 56836.08
for the 1998-99 fiscal year.
(b) Commencing with the 1999-2000 fiscal year and each fiscal year
thereafter, the superintendent shall make the following computations
to determine the amount of funding per unit of average daily
attendance for each special education local plan area for the fiscal
year in which the computation is made:
(1) For the 1999-2000 fiscal year, divide the amount of funding
for the special education local plan area computed for the 1998-99
fiscal year pursuant to subdivision (a) of Section 56836.08 by the
number of units of average daily attendance reported for the special
education local plan area for the 1998-99 fiscal year.
(2) For the 2000-01 fiscal year, and each fiscal year thereafter,
divide the amount of funding for the special education local plan
area computed for the prior fiscal year pursuant to subdivision (b)
of Section 56836.08 by the number of units of average daily
attendance reported for the special education local plan area for the
prior fiscal year.
56836.11. (a) For the purpose of computing the equalization
adjustment for special education local plan areas for the 1998-99
fiscal year, the superintendent shall make the following computations
to determine the statewide target amount per unit of average daily
attendance for special education local plan areas:
(1) Total the amount of funding computed for each special
education local plan area pursuant to Section 56836.09 for the
1997-98 fiscal year.
(2) Total the number of units of average daily attendance reported
for each special education local plan area for the 1997-98 fiscal
year.
(3) Divide the sum computed in paragraph (1) by the sum computed
in paragraph (2) to determine the statewide target amount for the
1997-98 fiscal year.
(4) Add the amount computed in paragraph (3) to the inflation
adjustment computed pursuant to subdivision (d) of Section 56836.08
for the 1998-99 fiscal year to determine the statewide target amount
for the 1998-99 fiscal year.
(b) Commencing with the 1999-2000 fiscal year and each fiscal year
thereafter, to determine the statewide target amount per unit of
average daily attendance for special education local plan areas, the
superintendent shall multiply the statewide target amount per unit of
average daily attendance computed for the prior fiscal year pursuant
to this section by one plus the inflation factor computed pursuant
to subdivision (b) of Section 42238.1 for the fiscal year in which
the computation is made.
56836.12. (a) For the purpose of computing the equalization
adjustment for special education local plan areas for the 1998-99
fiscal year, the superintendent shall make the following computations
to determine the amount that each special education local plan area
that has an amount per unit of average daily attendance that is below
the statewide target amount per unit of average daily attendance may
request as an equalization adjustment:
(1) Subtract the amount per unit of average daily attendance
computed for the special education local plan area pursuant to
subdivision (a) of Section 56836.10 from the statewide target amount
per unit of average daily attendance determined pursuant to
subdivision (a) of Section 56836.11.
(2) If the remainder computed in paragraph (1) is greater than
zero, multiply that remainder by the number of units of average daily
attendance reported for the special education local plan area for
the 1997-98 fiscal year.
(b) Commencing with the 1999-2000 fiscal year, through and
including the fiscal year in which equalization among the special
education local plan areas has been achieved, the superintendent
shall make the following computations to determine the amount that
each special education local plan area that has an amount per unit of
average daily attendance that is below the statewide target amount
per unit of average daily attendance may request as an equalization
adjustment:
(1) Add to the amount per unit of average daily attendance
computed for the special education local plan area pursuant to
subdivision (b) of Section 56836.10 for the fiscal year in which the
computation is made the inflation adjustment computed pursuant to
subdivision (d) of Section 56836.08 for the fiscal year in which the
computation is made.
(2) Subtract the amount computed pursuant to paragraph (1) from
the statewide target amount per unit of average daily attendance
computed pursuant to subdivision (b) of Section 56936.11 for the
fiscal year in which the computation is made.
(3) If the remainder computed
in paragraph (2) is greater than zero, multiply that remainder by the
number of units of average daily attendance reported for the special
education local plan area for the prior fiscal year.
56836.13. Commencing with the 1998-99 fiscal year, through and
including the fiscal year in which equalization among the special
education local plan areas has been achieved, the superintendent
shall make the following computations to determine the amount
available for making equalization adjustments for the fiscal year in
which the computation is made:
(a) Determine the amounts of funds equal to the increase in
federal funds, if any, appropriated in the annual Budget Act for the
purposes of equalizing funding for special education local plan areas
pursuant to this chapter. The increase shall be computed by
subtracting the amount of federal funds available to the state
pursuant to Part B of the Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.) for the fiscal year in which the
computation is made from the amount available to the state from those
funds for the prior fiscal year.
(b) Subtract the amount computed in subdivision (a) from the
amount of funds provided for increased costs to the state in
administering the special education program.
(c) Add to the amount in subdivision (b), the amount of additional
funds, if any, appropriated in the fiscal year for which the
computation is made in the annual Budget Act for the purposes of
equalizing funding for special education local plan areas pursuant to
this chapter.
56836.14. Commencing with the 1998-99 fiscal year, through and
including the fiscal year in which equalization among the special
education local plan areas has been achieved, the superintendent
shall make the following computations to determine the actual amount
of the equalization adjustment for each special education local plan
area that has an amount per unit of average daily attendance that is
below the statewide target amount per unit of average daily
attendance:
(a) Add the amount determined for each special education local
plan area pursuant to Section 56836.12 for the fiscal year in which
the computation is made to determine the total statewide aggregate
amount necessary to fund each special education local plan area at
the statewide target amount per unit of average daily attendance for
special education local plan areas.
(b) Divide the amount computed in subdivision (a) by the amount
computed pursuant to Section 56836.13 to determine the percentage of
the total amount of funds necessary to fund each special education
local plan area at the statewide target amount per unit of average
daily attendance for special education local plan areas that are
actually available for that purpose.
(c) To determine the amount to allocate to the special education
local plan area for a special education local plan area equalization
adjustment, multiply the amount computed for the special education
local plan area pursuant to Section 56836.12, if any, by the
percentage determined in subdivision (b).
56836.15. (a) In order to mitigate the effects of any declining
enrollment, commencing in the 1998-99 fiscal year, and each fiscal
year thereafter, the superintendent shall calculate allocations to
special education local plan areas based on the average daily
attendance reported for the special education local plan area for the
fiscal year in which the computation is made or the prior fiscal
year, whichever is greater. However, the prior fiscal year average
daily attendance reported for the special education local plan area
shall be adjusted for any loss or gain of average daily attendance
reported for the special education local plan area due to a
reorganization or transfer of territory in the special education
local plan area.
(b) If in the fiscal year for which the computation is made, the
number of units of average daily attendance upon which allocations to
the special education local plan area are based is greater than the
number of units of average daily attendance upon which allocations to
the special education local plan area were based in the prior fiscal
year, the special education local plan area shall be allocated a
growth adjustment equal to the product determined by multiplying the
amounts determined under paragraphs (1) and (2).
(1) The statewide target amount per unit of average daily
attendance for special education local plan areas determined pursuant
to Section 56836.11.
(2) The difference between the number of units of average daily
attendance upon which allocations to the special education local plan
area are based for the fiscal year in which the computation is made
and the number of units of average daily attendance upon which
allocations to the special education local plan area were based for
the prior fiscal year.
(c) If in the fiscal year for which the computation is made, the
number of units of average daily attendance upon which allocations to
the special education local plan area are based is less than the
number of units of average daily attendance upon which allocations to
the special education local plan area were based in the prior fiscal
year, the special education local plan area shall receive a funding
reduction equal to the product determined by multiplying the amounts
determined under paragraphs (1) and (2):
(1) The amount of funding per unit of average daily attendance
computed for the special education local plan area for the prior
fiscal year.
(2) The difference between the number of units of average daily
attendance upon which allocations to the special education local plan
area are based for the fiscal year in which the computation is made
and the number of units of average daily attendance upon which
allocations to the special education local plan area were based for
the prior fiscal year.
Article 2.5. Computation of Adjustment
56836.155. (a) For the 1998-99 fiscal year, prior to calculating
the apportionment in Article 2 (commencing with Section 56836.06),
the superintendent shall perform the following calculation:
(1) Determine for each special education local plan area the
number of pupils with exceptional needs with the special disabilities
specified in subdivision (b) for pupils residing in the special
education local plan area based on the April 1996 pupil count.
(2) Determine for each special education local plan area the total
reported incidence of all disabilities for pupils of age 3 to 22
years, inclusive, excluding pupils in placements as described in
paragraph (1) of subdivision (b).
(3) Determine the statewide total of reported incidence of special
disabilities determined pursuant to paragraph (1).
(4) Determine the statewide total reported incidence of all
disabilities determined pursuant to paragraph (2).
(b) For the purposes of paragraph (1) of subdivision (a), the
superintendent shall use the count of all pupils with exceptional
needs of age 3 to 22 years, inclusive, exclusive of placements in
paragraph (1) and inclusive of the disabilities in paragraph (2).
(1) Pupils in state operated programs, nonpublic schools, and
out-of-home placements.
(2) Pupils with low-incidence disabilities of autistic, hard of
hearing, deaf, visually impaired, deaf, blind, and severe orthopedic
impairment, except that, for the purposes of subdivision (a), pupils
in the disability category of orthopedic impairment shall be used in
the absence of special education local plan area counts of only
severe orthopedic impairment. To the count of low-incidence
disabilities, also add pupils in the disability category of traumatic
brain injury.
(c) Calculate, for each special education local plan area, the
reported incidence of special disabilities as a percentage of its
total reported incidence of all disabilities by dividing the amount
in paragraph (1) of subdivision (a) by the amount in paragraph (2) of
subdivision (a). The percentage amount is to be expressed to the
accuracy of one hundredth of a percentage point.
(d) Calculate the statewide total of reported incidence of special
disabilities as a percent of the statewide total incidence of all
disabilities by dividing the amount in paragraph (3) of subdivision
(a) by the amount in paragraph (4) of subdivision (a). The percent
amount is to be expressed to the accuracy of one hundredth of a
percentage point.
(e) For each special education local plan area whose percentage of
special disabilities calculated pursuant to subdivision (c) is
greater than the statewide percent of special disabilities pursuant
to subdivision (d), determine the number of excess pupils in the
special education local plan area as follows:
(1) Multiply the statewide percent of special disabilities
calculated in subdivision (d) by the count by the special education
local plan area of all disabilities determined pursuant to paragraph
(2) of subdivision (a).
(2) Subtract the amount calculated in paragraph (1) from the count
by the special education local plan area of special disabilities
determined pursuant to paragraph (1) of subdivision (a). Round this
number to the nearest whole number.
(f) Multiply the number of excess pupils calculated in subdivision
(e) by one thousand dollars ($1,000). This is the amount that each
special education local plan area having excess pupils is to receive
as a special disabilities adjustment in the 1998-99 fiscal year and
that is to be included in the total amount of funding received by the
special education local plan area pursuant to Section 56836.08.
Article 3. Licensed Children's Institutions
56836.16. (a) For the 1980-81 fiscal year and each fiscal year
thereafter, the superintendent shall apportion to each district and
county superintendent providing programs pursuant to Article 5
(commencing with Section 56155) of Chapter 2 an amount equal to the
difference, if any, between (1) the costs of master contracts with
nonpublic, nonsectarian schools and agencies to provide special
education instruction, designated instruction and services, or both,
to pupils in licensed children's institutions, foster family homes,
residential medical facilities, and other similar facilities funded
under this chapter, and (2) the state and federal income received by
the district or county superintendent for providing these programs.
The sum of the excess cost, plus any state or federal income for
these programs, shall not exceed the cost of master contracts with
nonpublic, nonsectarian schools and agencies to provide special
education and designated instruction and services for these pupils,
as determined by the superintendent.
(b) The cost of master contracts with nonpublic, nonsectarian
schools and agencies that a district or county office of education
reports under this section shall not include any of the following
costs that a district, county office, or special education local plan
area may incur:
(1) Administrative or indirect costs for the local education
agency.
(2) Direct support costs for the local education agency.
(3) Transportation costs provided either directly, or through a
nonpublic, nonsectarian school or agency master contract or
individual services agreement for use of services or equipment owned,
leased, or contracted, by a district, special education local plan
area, or county office for any pupils enrolled in nonpublic,
nonsectarian schools or agencies, unless provided directly or
subcontracted by that nonpublic, nonsectarian school or agency
pursuant to subdivisions (a) and (b) of Section 56366.
(4) Costs for services routinely provided by the district or
county office including the following, unless the board grants a
waiver under 56101:
(A) School psychologist services other than those described in
Sections 56324 and 56363 and included in a master contract and
individual services agreement under subdivision (a) of Section 56366.
(B) School nurse services other than those described in Sections
49423.5, 56324, and 56363 and included in a master contract and
individual services agreement under subdivision (a) of Section 56366.
(C) Language, speech, and hearing services other than those
included in a master contract and individual services agreement under
subdivision (a) of Section 56366.
(D) Modified, specialized, or adapted physical education services
other than those included in a master contract and individual
services agreement under subdivision (a) of Section 56366.
(E) Other services not specified by a pupil's individualized
education program or funded by the state on a caseload basis.
(5) Costs for nonspecial education programs or settings, including
those provided for individuals with exceptional needs between the
ages of birth and five years, inclusive, pursuant to Sections 56431
and 56441.8.
(6) Costs for nonpublic, nonsectarian school or agency placements
outside of the state unless the board has granted a waiver pursuant
to subdivisions (e) and (f) of Section 56365.
(7) Costs for related nonpublic, nonsectarian school pupil
assessments by a school psychologist or school nurse pursuant to
Sections 56320 and 56324.
(8) Costs for services that the nonpublic, nonsectarian school or
agency is not certified to provide.
(9) Costs for services provided by personnel who do not meet the
requirements specified in subdivision (l) of Section 56366.1.
(10) Costs for services provided by public school employees.
(d) A nonpublic, nonsectarian school or agency shall not claim and
is not entitled to receive reimbursement for attendance unless the
site where the pupil is receiving special education or designated
instruction and services is certified.
56836.17. (a) The superintendent may reimburse each district and
county office of education providing programs pursuant to Article 5
(commencing with Section 56155) of Chapter 2 for assessment and
identification costs for pupils in licensed children's institutions,
foster family homes, residential medical facilities, and other
similar facilities who are placed in state-certified nonpublic,
nonsectarian schools.
(b) Actual costs under this section shall not include either
administrative or indirect costs, or any proration of support costs.
(c) The total amount reimbursed statewide under this section shall
not exceed the amount appropriated for these purposes in any fiscal
year. If the superintendent determines that this amount is
insufficient to reimburse all claims, the superintendent shall
prorate the deficiency among all districts or county offices
submitting claims.
56836.18. (a) The superintendent shall establish and maintain an
emergency fund for the purpose of providing relief to special
education local plan areas when a licensed children's institution,
foster family home, residential medical facility, or other similar
facility serving individuals with exceptional needs opens or expands
in a special education local plan area during the course of the
school year which impacts the special education local plan area, or
when a pupil is placed in a facility for which no public or
state-certified nonpublic program exists within the special education
local plan area in which the pupil's individualized education
program can be implemented during the course of the school year and
impacts the educational program.
(b) The special education local plan area in which the impaction
occurs shall be responsible for submitting a written request to the
superintendent for emergency funding. The written request shall
contain, at a minimum, all of the following:
(1) Specific information on the new or expanded licensed children'
s institution, foster family home, residential medical facility, or
other similar facility described in subdivision (a), including
information on the new unserved or underserved pupils residing in the
facility, or specific information relating to the new unserved or
underserved pupils residing in those facilities.
(2) The identification of the steps undertaken demonstrating that
no public special education program exists within the special
education local plan area capable of programmatically meeting the
needs of the identified pupils.
(3) A plan from the special education local plan area describing
the services to be provided.
(c) The superintendent shall approve, modify, or disapprove the
written request for emergency funding within 30 days of the receipt
of the written request and shall notify the special education local
plan area administrator, in writing, of the final decision.
(d) It is the intent of the Legislature that appropriations
necessary to fund these emergency situations shall be included in the
Budget Act for each fiscal year.
Article 4. Nonpublic, Nonsectarian School Contracts
56836.20. (a) The cost of master contracts with nonpublic,
nonsectarian schools and agencies that a special education local plan
area enters into shall not include any of the following costs that a
special education local plan area may incur:
(1) Administrative or indirect costs of the special education
local plan area.
(2) Direct support costs for the special education local plan
area.
(3) Transportation costs provided either directly, or through a
nonpublic, nonsectarian school or agency contract for use of services
or equipment owned, leased, or contracted, by a special education
local plan area for any pupils enrolled in nonpublic, nonsectarian
schools or agencies, unless provided directly or subcontracted by
that nonpublic, nonsectarian school or agency pursuant to
subdivisions (a) and (b) of Section 56366.
(4) Costs for services routinely provided by the special education
local plan area including the following, unless the board grants a
waiver under Section 56101:
(A) School psychologist services other than those described in
Sections 56324 and 56363 and included in a master contract and
individual services agreement under subdivision (a) of Section 56366.
(B) School nurse services other than those described in Sections
49423.5, 56324, and 56363 and included in a master contract and
individual services agreement under subdivision (a) of Section 56366.
(C) Language, speech, and hearing services other than those
included in a master contract and individual services agreement under
subdivision (a) of Section 56366.
(D) Modified, specialized, or adapted physical education services
other than those included in a master contract and individual
services agreement under subdivision (a) of Section 56366.
(E) Other services not specified by a pupil's individualized
education program or funded by the state on a caseload basis.
(5) Costs for nonspecial education programs or settings, including
those provided for individuals with exceptional needs between the
ages of birth and five years, inclusive, pursuant to Sections 56431
and 56441.8.
(6) Costs for nonpublic, nonsectarian school or agency placements
outside of the state unless the board has granted a waiver pursuant
to subdivisions (e) and (f) of Section 56365.
(7) Costs for related nonpublic, nonsectarian school pupil
assessments by a school psychologist or school nurse pursuant to
Sections 56320 and 56324.
(8) Costs for services that the nonpublic, nonsectarian school or
agency is not certified to provide.
(9) Costs for services provided by personnel who do not meet the
requirements specified in subdivision (l) of Section 56366.1.
(10) Costs for services provided by public school employees.
(b) A nonpublic, nonsectarian school or agency shall not claim and
is not entitled to receive reimbursement for attendance unless the
site where the pupil is receiving special education or designated
instruction and services is certified.
56836.21. (a) The State Department of Education shall administer
an extraordinary cost pool to protect special education local plan
areas from the extraordinary costs associated with single placements
in nonpublic, nonsectarian schools. Funds shall be appropriated for
this purpose in the annual Budget Act. Special education local plan
areas shall be eligible for reimbursement from this pool in
accordance with this section.
(b) The threshold amount for claims under this section shall be
the lesser of the following:
(1) One percent of the allocation calculated pursuant to Section
56836.08 for the special education local plan area for the current
fiscal year for any special education local plan area that meets the
criteria in subdivision (a) of Section 56212.
(2) The State Department of Education shall calculate the average
cost of a nonpublic, nonsectarian school placement in the 1997-98
fiscal year. This amount shall be multiplied by 2.5, then by one
plus the inflation factor computed pursuant to Section 42238.1, to
obtain the alternative threshold amount for claims in the 1998-99
fiscal year. In subsequent fiscal years, the alternative threshold
amount shall be the alternative threshold amount for the prior fiscal
year multiplied by one plus the inflation factor computed pursuant
to Section 42238.1.
(c) Special education local plan areas shall be eligible to submit
claims for costs of any nonpublic, nonsectarian school placements
exceeding the threshold amount on forms developed by the State
Department of Education. All claims for a fiscal year shall be
submitted by November 30 following the close of the fiscal year. If
the total amount claimed by special education local plan areas
exceeds the amount appropriated, the claims shall be prorated.
Article 5. Low Incidence Funding
56836.22. (a) Commencing with the 1985-86 fiscal year, and for
each fiscal year thereafter, funds to support specialized books,
materials, and equipment as required under the individualized
education program for each pupil with low incidence disabilities, as
defined in Section 56026.5, shall be determined by dividing the total
number of pupils with low incidence disabilities in the state, as
reported on December 1 of the prior fiscal year, into the annual
appropriation provided for this purpose in the Budget Act.
(b) The per-pupil entitlement determined pursuant to subdivision
(a) shall be multiplied by the number of pupils with low incidence
disabilities in each special education local plan area to determine
the total funds available for each local plan.
(c) The superintendent shall apportion the amount determined
pursuant to subdivision (b) to the special education local plan area
for purposes of purchasing and coordinating the use of specialized
books, materials, and equipment.
(d) As a condition of receiving these funds, the special education
local plan area shall ensure that the appropriate books, materials,
and equipment are purchased, that the use of the equipment is
coordinated as necessary, and that the books, materials, and
equipment are reassigned to local educational agencies within the
special education local plan area once the agency that originally
received the books, materials, and equipment no longer needs them.
(e) It is the intent of the Legislature that special education
local plan areas share unused specialized books, materials, and
equipment with neighboring special education local plan areas.
Article 6. Program Specialists and Administration of
Regionalized Operations and Services
56836.23. Funds for regionalized operations and services and the
direct instructional support of program specialists shall be
apportioned to the special education local plan areas. As a
condition to receiving those funds, the special education local plan
area shall assure that all functions listed below are performed in
accordance with the description set forth in its local plan adopted
pursuant to subdivision (c) of Section 56205:
(a) Coordination of the special education local plan area and the
implementation of the local plan.
(b) Coordinated system of identification and assessment.
(c) Coordinated system of procedural safeguards.
(d) Coordinated system of staff development and parent education.
(e) Coordinated system of curriculum development and alignment
with the core curriculum.
(f) Coordinated system of internal program review, evaluation of
the effectiveness of the local plan, and implementation of a local
plan accountability mechanism.
(g) Coordinated system of data collection and management.
(h) Coordination of interagency agreements.
(i) Coordination of services to medical facilities.
(j) Coordination of services to licensed children's institutions
and foster family homes.
(k) Preparation and transmission of required special education
local plan area reports.
(l) Fiscal and logistical support of the community advisory
committee.
(m) Coordination of transportation services for individuals with
exceptional needs.
(n) Coordination of career and vocational education and transition
services.
(o) Assurance of full educational opportunity.
(p) Fiscal administration and the allocation of state and federal
funds pursuant to Section 56836.01.
(q) Direct instructional program support that may be provided by
program specialists in accordance with Section 56368.
56836.24. Commencing with the 1998-99 fiscal year and each year
thereafter, the superintendent shall make the following computations
to determine the amount of funding for the purposes specified in
Section 56836.23 to apportion to each special education local plan
area for the fiscal year in which the computation is made:
(a) For the 1998-99 fiscal year the superintendent shall make the
following computations:
(1) Multiply the total amount of state General Fund money
allocated to the special education local plan areas in the 1997-98
fiscal year, for the purposes of Article 9 (commencing with Section
56780) of Chapter 7, as that chapter existed on December 31, 1998, by
one plus the inflation factor computed pursuant to subdivision (b)
of Section 42238.1 for the 1998-99 fiscal year.
(2) Divide the amount calculated in paragraph (1) by the units of
average daily attendance reported for the special education local
plan area for the 1997-98 fiscal year.
(3) To determine the amount to be allocated to each special
education local plan area in the 1998-99 fiscal year, the
superintendent shall multiply the amount computed in paragraph (2) by
the number of units of average daily attendance reported for the
special education local plan area for the 1998-99 fiscal year, except
that a special education local plan area designated as a necessary
small special education local plan area in accordance with Section
56212 and reporting fewer
than 15,000 units of average daily attendance for the 1998-99 fiscal
year shall be deemed to have 15,000 units of average daily
attendance, and no special education local plan area shall receive
less than it received in the 1997-98 fiscal year.
(b) For the 1999-2000 fiscal year and each fiscal year thereafter,
the superintendent shall make the following calculations:
(1) Multiply the amount determined in paragraph (2) of subdivision
(a) by one plus the inflation factor computed pursuant to
subdivision (b) of Section 42238.1 for the current fiscal year.
(2) Multiply the amount determined in paragraph (1) by the number
of units of average daily attendance reported for the special
education local plan area for the current fiscal year, except that a
special education local plan area designated as a necessary small
special education local plan area in accordance with Section 56212
and reporting fewer than 15,000 units of average daily attendance for
the current fiscal year shall be deemed to have 15,000 units of
average daily attendance.
56836.25. Funds received pursuant to this article shall be
expended for the purposes specified in Section 56836.23.
SEC. 66. (a) The Legislature finds and declares as follows:
(1) The individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.), as amended by the Individuals with Disabilities
Education Act Amendments of 1997 (105 P.L. 17), effective in part
upon enactment and in part as further specified in the act, provides
as follows:
"Sec. 612. STATE ELIGIBILITY.
(a) In general.--A State is eligible for assistance under this
part for a fiscal year if the State demonstrates to the satisfaction
of the Secretary that the State has in effect policies and procedures
to ensure that it meets each of the following conditions:
(Language Omitted)
(5) LEAST RESTRICTIVE ENVIRONMENT-
(A) IN GENERAL-To the maximum extent appropriate, children with
disabilities, including children in public or private institutions or
other care facilities, are educated with children who are not
disabled, and special classes, separate schooling, or other removal
of children with disabilities from the regular educational
environment occurs only when the nature or severity of the disability
of a child is such that education in regular classes with the use of
supplementary aids and services cannot be achieved satisfactorily.
(B) ADDITIONAL REQUIREMENT-
(i) IN GENERAL-If the State uses a funding mechanism by which the
State distributes State funds on the basis of the type of setting in
which a child is served, the funding mechanism does not result in
placements that violate the requirements of subparagraph (A).
(ii) ASSURANCE-If the State does not have policies and procedures
to ensure compliance with clause (i), the State shall provide the
Secretary an assurance that it will revise the funding mechanism as
soon as feasible to ensure that such mechanism does not result in
such placements.
(Language Omitted)" (16) PERFORMANCE GOALS AND INDICATORS--The
State--
(A) has established goals for the performance of children with
disabilities in the State that--
(i) will promote the purposes of this Act, as stated in section
601(d); and
(ii) are consistent, to the maximum extent appropriate, with other
goals and standards for children established by the State;
(B) has established performance indicators the State will use to
assess progress toward achieving those goals that, at a minimum,
address the performance of children with disabilities on assessments,
drop-out rates, and graduation rates;
(C) will, every two years, report to the Secretary and the public
on the progress of the State, and of children with disabilities in
the State, toward meeting the goals established under subparagraph
(A); and
(D) based on its assessment of that progress, will revise its
State improvement plan under subpart 1 of part D as may be needed to
improve its performance, if the State receives assistance under that
subpart. (17) PARTICIPATION IN ASSESSMENTS--
(A) IN GENERAL-Children with disabilities are included in general
State and district-wide assessment programs, with appropriate
accommodations, where necessary. As appropriate, the State or local
education agency--
(i) develops guidelines for the participation of children with
disabilities in alternate assessments for those children who cannot
participate in State and district-wide assessment programs; and
(ii) develops and, beginning not later than July 1, 2000, conducts
those alternate assessments.
(B) REPORTS-The State educational agency makes available to the
public, and reports to the public with the same frequency and in the
same detail as it reports on the assessment of nondisabled children,
the following:
(i) The number of children with disabilities participating in
regular assessments.
(ii) The number of those children participating in alternate
assessments.
(iii) (I) The performance of those children on regular assessments
(beginning not later than July 1, 1998) and on alternate assessments
(not later than July 1, 2000), if doing so would be statistically
sound and would not result in the disclosure of performance results
identifiable to individual children.
(II) Data relating to the performance of children described under
subclause (I) shall be disaggregated--
(aa) for assessments conducted after July 1, 1998; and
(bb) for assessments conducted before July 1, 1998, if the State
is required to disaggregate such data prior to July 1, 1998.
(Language Omitted)"
"Sec. 616. WITHHOLDING AND JUDICIAL REVIEW
(a) WITHHOLDING OF PAYMENTS-
(1) IN GENERAL-Whenever the Secretary, after reasonable notice and
opportunity for hearing to the State educational agency involved
(and to any local educational agency or State agency affected by any
failure described in subparagraph (B)), finds--
(A) that there has been a failure by the State to comply
substantially with any provision of this part; or
(B) that there is a failure to comply with any condition of a
local educational agency's or State agency's eligibility under this
part, including the terms of any agreement to achieve compliance with
this part within the timelines specified in the agreement; the
Secretary shall, after notifying the State educational agency,
withhold, in whole or in part, any further payments to the State
under this part, or refer the matter for appropriate enforcement
action, which may include referral to the Department of Justice.
(2) NATURE OF WITHHOLDING-If the Secretary withholds further
payments under paragraph (1), the Secretary may determine that such
withholding will be limited to programs or projects, or portions
thereof affected by the failure, or that the State educational agency
shall not make further payments under this part to specified local
educational agencies or State agencies affected by the failure.
Until the Secretary is satisfied that there if no longer any failure
to comply with the provisions of this part, as specified in
subparagraph (A) or (B) of paragraph (1), payments to the State under
this part shall be withheld in whole or in part, or payments by the
State educational agency under this part shall be limited to local
educational agencies and State agencies whose actions did not cause
or were not involved in the failure, as the case may be. Any State
educational agency, State agency, or local educational agency that
has received notice under paragraph (1) shall, by means of a public
notice, take such measures as may be necessary to bring the pendency
of an action pursuant to this subsection to the attention of the
public within the jurisdiction of such agency."
(Language Omitted)"
(2) State and local education agencies are required to abide by
federal laws that are in effect.
(b) This section shall remain in effect only if the Individuals
with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), as
amended by the Individuals with Disabilities Education Act Amendments
of 1997 (105 P.L. 17), is not further amended or repealed, and this
section is repealed upon any further amendment or repeal of the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), as amended by the Individuals with Disabilities Education Act
Amendments of 1997 (105 P.L. 17).
(c) It is the intent of the Legislature that this section be
reenacted to incorporate any changes to the Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), as amended
by the Individuals with Disabilities Education Act Amendments of 1997
(105 P.L. 17), as soon as possible after the amendment of the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), as amended by the Individuals with Disabilities Education Act
Amendments of 1997 (105 P.L. 17).
SEC. 67. (a) The Office of the Legislative Analyst, in conjunction
with the Department of Finance and the State Department of
Education, shall conduct a study to gather, analyze, and report on
data that would indicate the extent to which the incidence of
disabilities, that are medically defined or severe and significantly
above-average in cost, or both, are evenly or unevenly distributed
among the population of special education local plan areas. The
Office of the Legislative Analyst shall contract for both the
development of the request for proposal for the study and for the
study itself. The Office of the Legislative Analyst, the Department
of Finance, and the State Department of Education, shall submit a
report of the contractor's findings and recommendations no later than
June 1, 1998, to the Governor and the appropriate policy and fiscal
committees of the California State Senate and the California State
Assembly. The report shall include, if feasible and appropriate, a
method to adjust the funding formula contained in Chapter 7.2
(commencing with Section 56836) of Part 30 of the Education Code in
order to recognize the distribution of disabilities that are
medically defined or severe and significantly above-average in cost,
or both, among the special education local plan areas. The report
shall use the definition of severe orthopedic impairment developed by
the State Department of Education pursuant to Section 70.
(b) There is hereby appropriated to the State Department of
Education for transfer to the Office of the Legislative Analyst for
the 1997-98 fiscal year the sum of two hundred thousand dollars
($200,000) from supplemental federal special education grant funds
for Part B of the Individuals with Disabilities Education Act. The
funds are only to be used for the purpose of contracting for the
request for proposal and study in subdivisions (a) and (b) and for
the purpose of paying any necessary overhead associated with the
supervision of the independent contracts. Provision 1 of Item
6110-161-0890 of the 1997-98 Budget Act on funds received over the
amount of federal funds budgeted shall only apply to the balance of
supplemental federal special education grant funds for Part B of the
Individuals with Disabilities Education Act remaining after the
appropriation made by this subdivision is deducted from that
supplemental funding.
(c) Of the amount needed to fully fund the equalization formula in
Article 2 (commencing with Section 56836.06) of Chapter 7.2 of Part
30 of the Education Code as it read on January 1, 1998, fifteen
million dollars ($15,000,000) shall be available for an adjustment to
that formula pursuant to the results of the study required pursuant
to Section 67. The amount actually required to fully fund the
adjustment enacted by an act of the Legislature subsequent to the
results of the study shall be funded in whole in the 1998-99 fiscal
year if eighty million dollars ($80,000,000), or more, in federal
funds becomes available, or proportionately less if less federal
funds are available, during years of equalization carried out
pursuant to Article 2 (commencing with Section 56836.06) of Chapter
7.2 of Part 30 of the Education Code. At the time an adjustment is
enacted, the formula in Article 2 (commencing with Section 56836.06)
of Chapter 7.2 of Part 30 of the Education Code shall also be amended
in an act other than the Budget Act to reduce the full funding level
by the total cost of the adjustment which may be more or less than
fifteen million dollars ($15,000,000) such that the total cost of the
formula in Article 2 (commencing with Section 56836.06) of Chapter
7.2 of Part 30 of the Education Code plus the adjustment shall equal
the cost of the equalization formula as it existed before enacting
the adjustment. The adjustment shall be enacted to amend or replace
the formula established in Article 2.5 (commencing with Section
56836.155) of Chapter 7.2 of Part 30 of the Education Code and shall
not be enacted in addition to the formula established in that
article.
SEC. 68. (a) The Office of the Legislative Analyst, the Department
of Finance, and the State Department of Education shall conduct a
study, in consultation with the other interested parties, of
nonpublic school and nonpublic agency costs as compared to the cost
of public school placements, the cause of continuing increases in
nonpublic school and agency costs, and recommendations for cost
containment. In carrying out this study the Office of the
Legislative Analyst shall examine the impact on nonpublic school and
nonpublic agency costs of children residing in out-of-home
placements, and of mediation and due process hearings. The Office of
the Legislative Analyst may contract with an independent party to
conduct this study on behalf of the Office of the Legislative
Analyst. The Office of the Legislative Analyst shall submit a final
report of its findings and recommendations on or before May 1, 1998,
to the appropriate policy and fiscal committees of the Senate and the
Assembly of the California Legislature.
(b) There is hereby appropriated to the State Department of
Education for transfer to the Office of the Legislative Analyst for
the 1997-98 fiscal year the sum of one hundred thousand dollars
($100,000) from supplemental federal special education grant funds
for Part B of the Individuals with Disabilities Education Act. The
funds are only to be used for the purpose of conducting the study in
subdivision (a). Provision 1 of Item 6110-161-0890 of the 1997-98
Budget Act on funds received over the amount of federal funds
budgeted shall only apply to the balance of supplemental federal
special education grant funds for Part B of the Individuals with
Disabilities Education Act remaining after the appropriation made by
this subdivision is deducted from that supplemental funding.
SEC. 69. (a) The State Department of Education shall convene a
working group to develop recommendations for improving the compliance
of state and local education agencies with state and federal special
education laws and regulations. These recommendations shall define
how the State Department of Education and local education agencies
will assure and maintain compliance of special education laws and
regulations in providing services to individuals with exceptional
needs. Final recommendations shall include, but not be limited to,
state compliance training and technical assistance, state review and
monitoring of local compliance, the state complaint process and
timetable, state corrective action and follow up, and local and state
agency sanctions for noncompliance.
(b) The working group shall include members representing the State
Board of Education, the State Department of Education, county
offices of education, school districts, special education local plan
areas, the Special Education Advisory Commission, the State
Department of Education administrative hearing office, the federal
Office of Civil Rights or Office for Special Education Programs,
organizations advocating for, or consisting of, individuals with
exceptional needs and their families, parents of individuals with
exceptional needs, and organizations representing school teachers and
other support services staff serving individuals with exceptional
needs. It is the intent of the Legislature that the working group
convened by the State Department of Education shall include a balance
of members representing state and local education agencies and
employees, and members representing individuals with exceptional
needs and their families.
(c) The State Department of Education shall submit a report of the
working group's recommendations no later than September 1, 1998, to
the Governor and the appropriate policy and fiscal committees of the
Senate and the Assembly of the California Legislature.
SEC. 70. On or before January 1, 1998, the State Department of
Education shall develop a definition of severe orthopedic impairment
for use in the application and distribution of low-incidence funding
in the 1998-99 fiscal year.
SEC. 71. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
this act provides for offsetting savings to local agencies or school
districts that result in no net costs to the local agencies or school
districts, within the meaning of Section 17556 of the Government
Code.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 72. Funding for this bill, except as provided in Sections 67
and 68 of this bill, shall be contingent upon the enactment of an
appropriation in the annual Budget Act.