BILL NUMBER: AB 661 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 25, 2009
An act to add Sections 56836.16 and 56836.161 to the Education
Code, relating to special education, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 661, as introduced, Torlakson. Special education: behavioral
intervention plans: mandate claim: funding.
(1) Existing law requires the Superintendent of Public
Instruction, on or before September 1, 1992, to develop, and the
State Board of Education to adopt, regulations, as specified,
governing the use of behavioral interventions for individuals with
exceptional needs receiving special education and related services.
Existing law prescribes the calculations to be made to determine the
amount of General Fund moneys to allocate to each special education
local plan area.
This bill would require the Superintendent to perform various
calculations to increase the amount of funding per unit of average
daily attendance for each special education local plan area, as
specified. The bill would appropriate $65,000,000 from the General
Fund to the Superintendent in augmentation of a specified item of the
Budget Act of 2009 for purposes of providing that increased funding.
The bill also would appropriate $10,000,000 from the General Fund to
the Superintendent for allocation on a one-time basis to county
offices of education and special education local plan areas, as
specified. The bill would direct that $85,000,000 be appropriated
from the General Fund on a one-time basis in each of the 2011-12 to
2016-17 fiscal years, inclusive, except as provided, to the
Superintendent for allocation to school districts on a per-pupil
basis. The Superintendent would be required to use specified
calculations to compute the allocation for each school district. The
bill would deem the funding described in this paragraph as payments
in full satisfaction of, and in lieu of, any reimbursable mandate
claims resulting from the statement of decision of the Commission on
State Mandates regarding the Behavioral Intervention Plans Mandated
Cost Test Claim.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that it is in the
state's interest that this act be enacted immediately to provide
funding for positive behavioral intervention plans for special
education pupils pursuant to Chapter 959 of the Statutes of 1990 in
order to resolve a contested state mandate issue of 14-year standing.
The Legislature anticipates that the Governor will request the
enactment of this act prior to the enactment of the Budget Act of
2009.
SEC. 2. Section 56836.16 is added to the Education Code, to read:
56836.16. (a) The Superintendent shall determine the statewide
total average daily attendance used for the purposes of Section
56836.08 for the 2008-09 fiscal year. For the purposes of this
calculation, the 2008-09 second principal average daily attendance
for the court, community school, and special education programs
served by the Los Angeles County Juvenile Court and Community
School/Division of Alternative Education Special Education Local Plan
Area shall be used in lieu of the average daily attendance used for
that agency for the purposes of Section 56836.08.
(b) The Superintendent shall divide sixty-five million dollars
($65,000,000), by the amount determined pursuant to subdivision (a).
(c) For each special education local plan area, the Superintendent
shall permanently increase the amount per unit of average daily
attendance determined pursuant to subdivision (b) of Section 56836.08
for the 2009-10 fiscal year by the quotient determined pursuant to
subdivision (b). This increase shall be effective beginning in the
2009-10 fiscal year.
(d) Notwithstanding subdivision (c), for the Los Angeles County
Juvenile Court and Community School/Division of Alternative Education
Special Education Local Plan Area, the Superintendent shall
permanently increase the amount per unit of average daily attendance
determined pursuant to subdivision (b) of Section 56836.08 by the
ratio of the amount determined pursuant to subdivision (b) to the
statewide target per unit of average daily attendance determined
pursuant to Section 56836.11 for the 2008-09 fiscal year. This
increase shall be effective beginning in the 2009-10 fiscal year.
(e) The Superintendent shall increase the statewide target per
unit of average daily attendance determined pursuant to Section
56836.11 for the 2009-10 fiscal year by the amount determined
pursuant to subdivision (b).
(f) The funding provided pursuant to subdivisions (a) to (e),
inclusive, and the funding provided pursuant to subdivisions (a) and
(b) of Section 56836.161 shall be deemed as payments in full
satisfaction of, and in lieu of, any reimbursable mandate claims
resulting from the statement of decision of the Commission on State
Mandates regarding the Behavioral Intervention Plans Mandated Cost
Test Claim (CSM 4464). By providing this funding, the state does not
concede the existence of any unfunded reimbursable mandate with
regard to Section 56523 and its implementing regulations, including
subdivisions (c), (d), (e), (f), and (aa) of Section 3001 and Section
3052 of Title 5 of the California Code of Regulations, as those
provisions read on July 1, 2008. These funds shall be used
exclusively for programs operated pursuant to this part and, as a
first priority, for the programs and services required pursuant to
Section 56523 and its implementing regulations. By virtue of these
funds, Section 56523 and its implementing regulations shall be deemed
to be fully funded within the meaning of subdivision (e) of Section
17556 of the Government Code.
(g) Within the meaning of subdivision (e) of Section 17556 of the
Government Code, the funds appropriated for purposes of this section
are not specifically intended to fund any state-mandated special
education programs and services resulting from amendments enacted
after July 1, 2008, to any of the following statutes and regulations:
(1) The federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.), if the amendments result in circumstances
where state law exceeds federal law.
(2) Federal regulations implementing the federal Individuals with
Disabilities Education Act (34 C.F.R. Parts 300 and 303), if the
amendments result in circumstances where state law exceeds federal
law.
(3) This part.
(4) Sections 3000 to 4671, inclusive, of Title 5 of the California
Code of Regulations.
(h) State funds appropriated by the annual Budget Act and
otherwise allocated to each special education local plan area
pursuant to Chapter 7.2 (commencing with Section 56836) shall
supplement and not supplant the funds provided pursuant to
subdivisions (a) to (e), inclusive. The funds provided pursuant to
subdivisions (a) to (e), inclusive, shall be in addition to the level
of any cost-of-living adjustment provided for purposes of this
chapter in the annual Budget Act.
SEC. 3. Section 56836.161 is added to the Education Code, to read:
56836.161. (a) (1) The amount of eighty-five million dollars
($85,000,000) shall be appropriated from the General Fund on a
one-time basis in each of the 2011-12 to 2016-17 fiscal years,
inclusive, to the Superintendent for allocation to school districts
on a per-pupil basis. The Superintendent shall compute the amount per
pupil by dividing eighty-five million dollars ($85,000,000) by the
total average daily attendance, excluding attendance for regional
occupational centers and programs, adult education, and programs
operated by county superintendents of schools, for all pupils in
kindergarten and grades 1 to 12, inclusive, in all school districts
as used by the Superintendent for the second principal apportionment
for the 2007-08 fiscal year. The allocation for each school district
shall equal the per-pupil amount times the district's average daily
attendance as reported to the Superintendent for the second principal
apportionment for the 2007-08 fiscal year. The amount allocated to
each school district shall be the same in all subsequent fiscal years
as it is in the first fiscal year.
(2) Notwithstanding paragraph (1), the state, in its discretion,
may appropriate and allocate amounts in excess of eighty-five million
dollars ($85,000,000) annually in any of the 2011-12 to 2016-17
fiscal years, inclusive, for the purpose of discharging the
obligation in advance of the period, so long as the total amount
appropriated and allocated pursuant to this section during that time
period is five hundred ten million dollars ($510,000,000).
(3) In any fiscal year, commencing with the 2012-13 fiscal year,
in which the amount of the minimum funding guarantee for the support
of school districts and community college districts is determined by
paragraph (3) of subdivision (b) of Section 8 of Article XVI of the
California Constitution, the annual appropriation described in
paragraph (1) shall not be made.
(4) The Director of Finance shall notify, in writing, the fiscal
committees of both houses of the Legislature, the Controller, and the
Superintendent no later than May 14 of a fiscal year if the
appropriation for the following fiscal year is not required pursuant
to paragraph (3). If an appropriation is not made pursuant to
paragraph (1) for a specific fiscal year or years, it shall instead
be made in the fiscal year or years immediately following the final
payment pursuant to paragraph (1).
(5) The funds described in this section shall be in addition to
the level of any cost-of-living adjustment provided to school
districts in the annual Budget Act.
(b) From the funds appropriated for purposes of this section by
subdivision (b) of Section 4 of the act that added this section, the
Superintendent shall allocate all of the following:
(1) The amount of one million five hundred thousand dollars
($1,500,000) to county offices of education in equal per-pupil
amounts. The Superintendent shall determine the per-pupil amount by
dividing one million five hundred thousand dollars ($1,500,000) by
the total statewide county special education pupil count, as reported
by county offices of education as of December 2007. The allocation
for each county office of education shall be the per-pupil amount
times the county's special education pupil count reported as of
December 2007. The Superintendent shall adjust the computations in
such a manner as to ensure that the minimum allocation to each county
office of education is at least five thousand dollars ($5,000).
(2) The amount of six million dollars ($6,000,000) to special
education local plan areas that existed for the 2007-08 fiscal year.
The Superintendent shall determine the amount of the allocation for
each special education local plan area by dividing six million
dollars ($6,000,000) by the statewide special education pupil count
reported as of December 2007. The allocation for each special
education local plan area shall be the statewide per-pupil amount
multiplied by the special education pupil count for the area reported
as of December 2007. The Superintendent shall adjust the
computations in a manner that ensures that the minimum allocation to
each special education local plan area is at least ten thousand
dollars ($10,000).
(3) The amount of two million five hundred thousand dollars
($2,500,000) to the San Joaquin County Office of Education.
(c) The funding provided pursuant to subdivisions (a) and (b) and
subdivisions (a) to (e), inclusive, of Section 56836.16 shall be
deemed as payments in full satisfaction of, and in lieu of, any
reimbursable mandate claims resulting from the statement of decision
of the Commission on State Mandates regarding the Behavioral
Intervention Plans Mandated Cost Test Claim (CSM 4464).
SEC. 4. (a) The amount of sixty-five million dollars ($65,000,000)
is hereby appropriated from the General Fund to the Superintendent
of Public Instruction in augmentation of Item 6110-161-0001 of the
Budget Act of 2009 for purposes of Section 56836.16 of the Education
Code. It is the intent of the Legislature that the funding
appropriated by this subdivision be included in the annual Budget Act
in subsequent fiscal years.
(b) (1) The amount of ten million dollars ($10,000,000) is hereby
appropriated from the General Fund to the Superintendent of Public
Instruction for allocation on a one-time basis to county offices of
education and special education local plan areas pursuant to
subdivision (b) of Section 56836.161 of the Education Code. These
funds shall be in addition to the level of any cost-of-living
adjustment provided for county offices of education and special
education local plan areas in the annual Budget Act.
(2) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by this subdivision shall be deemed to be General
Fund revenues appropriated for school districts, as defined in
subdivision (a) of Section 41202 of the Education Code, for the
2007-08 fiscal year, and included within the total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B, as defined
in subdivision (e) of Section 41202 of the Education Code, for the
2007-08 fiscal year.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to alleviate, at the earliest possible time, the fiscal
hardship to local educational agencies caused by the persistent
shortfalls in federal funding for special education, to increase
state funding for the special education program thereby reducing
encroachment, to facilitate the settlement of current litigation
regarding those programs and the funding thereof, to obviate new
litigation, and to resolve related school finance issues, it is
necessary that this act take effect immediately.