Today's Law As Amended


Add To My Favorites | print page

AB-826 Special education: local plan areas: funding.(2009-2010)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) Special education is a federally mandated program, and children with disabilities are entitled to a free and appropriate education (FAPE).
(b) California’s neutral special education funding formula does not reflect the true costs of providing educational services to pupils with disabilities.
(c) The lack of sufficient federal and state funding to pay for special education services has forced local school districts to backfill an estimated three billion dollars ($3,000,000,000) from local funds, thereby reducing funding for programs that serve all pupils.
(d) Since 1980, federal special education funds have been deducted from state special education entitlement funds allocated to special education local plan areas (SELPAs) and local education agencies for special education programs.
(e) This practice has resulted in adding complexity to the special education funding model, and has created an artificial inflation of the state’s maintenance of effort requirement for special education.
(f) Removing the federal grant from the statutory funding formula will result in all of the following:
(1) School agencies will have greater flexibility in the use of increased special education funding.
(2) Ensuring that increased federal dollars are passed through to schools.
(3) Simplifying and clarifying the use of federal special education dollars.
(4) Ending the artificial inflation of the state’s maintenance of effort requirement for special education.

SEC. 2.

 Section 56836.08 of the Education Code is amended to read:

56836.08.
 (a) For the 1998–99 fiscal year, the Superintendent 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, excluding  exclusive of  average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that subdivision read on July 1, 1996.
(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 56836.13 56836.15  from the amount computed in paragraph (3).
(b) (1)  For the 1999–2000 fiscal year and each fiscal year thereafter, the Superintendent 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:
(A) (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) through the 2012–13 fiscal year, and  for the 2013–14 fiscal year and each fiscal year thereafter, the inflation adjustment computed pursuant to subdivision (f), for the fiscal year  fiscal year  in which the computation is made.
(B) (2)  For the 1999–2000 fiscal year to the 2018–19 fiscal year, inclusive, multiply the  Multiply the  amount computed in subparagraph (A) paragraph (1)  by the units of average daily attendance reported for the special education local plan area for the prior fiscal year. For the 2019–20 fiscal year and each fiscal year thereafter, multiply the amount computed in subparagraph (A) by the units of average daily attendance upon which funding was based for the prior year. 
(C) (3)  Add or subtract, as appropriate, the adjustment for growth or decline in enrollment,  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 56836.13 from 56836.14 to  the amount computed in subparagraph (B). paragraph (2). 
(2) For the 1999–2000 fiscal year to the 2018–19 fiscal year, inclusive, the amount of funding for each special education local plan area shall be the amount computed in paragraph (1).
(3) Subject to Section 56836.045, for the 2019–20 fiscal year and each fiscal year thereafter, the Superintendent shall determine the amount of funding for each special education local plan area, which shall be the greater of either subparagraph (A) or (B):
(A) The amount of funding computed for each special education local plan area pursuant to paragraph (1).
(B) An amount of funding computed as follows:
(i) (4)  Calculate the funded units of average daily attendance based on the average daily attendance reported for  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 or the prior fiscal year, whichever is greater. pursuant to Section 56836.15 from the amount computed in paragraph (3). 
(ii) For the 2019–20 fiscal year, calculate the amount of funding per unit of average daily attendance pursuant to Section 56836.11. For the 2020–21 fiscal year and every fiscal year thereafter, the amount of funding per unit of average daily attendance shall be the amount computed pursuant to this clause for the prior fiscal year multiplied by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.
(iii) Multiply the funded units of average daily attendance computed in clause (i) by the amount of funding per unit of average daily attendance computed in clause (ii).
(C) If the amount of funding for a special education local plan area is determined pursuant to subparagraph (B) as of the second principal apportionment for the fiscal year in which the computation is made, the special education local plan area shall be funded pursuant to subparagraph (B) for each fiscal year thereafter.
(c) For the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent 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 for 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 for the purposes of paragraph (1) of subdivision (a) of Section 56836.09 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 to the 2012–13 fiscal year, inclusive, 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 56836.165).
(3) Subtract the sum computed in paragraph (1) from the sum computed in paragraph (2).
(d) For the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent 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 sum of 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 subdivision (a) of Section 56836.11 and the amount determined pursuant to subdivision (e) of Section 56836.155 for the 1997–98 fiscal year that corresponds to the amount determined pursuant to paragraph (1) of subdivision (d) of Section 56836.155  by the inflation adjustment computed pursuant to Section 42238.1 for the 1998–99 fiscal year.
(2) For the 1999–2000 fiscal year to the 2012–13 fiscal year, inclusive, and each fiscal year thereafter,  multiply the sum of 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 and the amount determined pursuant to paragraph (1) of subdivision (d) of Section 56836.155  for the prior fiscal year by the inflation adjustment computed pursuant to Section 42238.1 for the fiscal year in which the computation is made.
(3) For the  purposes of computing the inflation adjustment for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area for the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent and each fiscal year thereafter, the superintendent  shall multiply the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year pursuant to Section 56836.10 by the inflation adjustment computed pursuant to Section 42238.1 for the fiscal year in which the computation is being made.
(e) For the 1998–99 fiscal year and each fiscal year thereafter to and including the 2002–03 fiscal year, the superintendent shall perform the calculation set forth in Section 56836.155 to determine the adjusted entitlement for the incidence of disabilities for each special education local plan area, but this amount shall not be used in the next fiscal year to determine the base amount of funding for each special education local plan area for the current fiscal year, except as specified in this article.
(e) (f)  Notwithstanding any other provision of  law, for the 2013–14 2009–10  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) Determine the total amount of property taxes for the special education local plan area pursuant to Section 2572 for the fiscal year in which the computation is made.
(2) (1)   Calculate Add  the amount of funding computed for the special education local plan area pursuant to subdivision (b) (a)  for the fiscal year  2009–10 fiscal year, and commencing with the 2010–11 fiscal year, and each fiscal year thereafter, and the amount computed for the fiscal year  in which the computation is made. computations were made pursuant to subdivision (b), to the amount of funding computed for the special education local plan area. 
(3) Subtract the amount computed in paragraph (1) from the amount computed in paragraph (2).
(f) For the 2013–14 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) 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 for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.
(2) For purposes of computing the inflation adjustment Subtract the total amount of property taxes  for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the Superintendent shall multiply the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year  pursuant to Section 56836.10 by the inflation factor  2572  for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. fiscal year in which the computation is made from the sum computed in paragraph (1). 
(g) This section shall become inoperative on July 1, 2020.

SEC. 3.

 Section 56836.10 of the Education Code is amended to read:

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, excluding  exclusive of  average daily attendance for absences excused pursuant to subdivision (b) of Section 46010 as that subdivision read on July 1, 1997, 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 continuing through the 2012–13 fiscal year, inclusive, the Superintendent 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 upon which funding is based pursuant to subdivision (a) of Section 56836.13 56836.15  for the special education local plan area for the 1998–99 fiscal year.
(2) For the 2000–01 fiscal year, to the 2012–13 fiscal year, inclusive, 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 upon which funding is based pursuant to subdivision (a) of Section 56836.13 56836.15  for the special education local plan area for the prior fiscal year.
(c) Notwithstanding any other provision of  law, for the 2013–14 2009–10  fiscal year, 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:
(1)  From the amount of funding for the special education local plan area computed for from  the 2012–13 2008–09  fiscal year pursuant to subdivision (b) of Section 56836.08, subtract the total amount of federal funds apportioned to the special education local plan area pursuant to Schedule (1)  schedules (b) and (h)  of Item 6110-161-0890 of Section 2.00 of the Budget Act of 2013 2009  for the  purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive.
(2) Divide the amount computed in paragraph (1) by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.13 56836.15  for the special education local plan area for the 2012–13 2008–09  fiscal year.
(d) For the 2014–15 2010–11  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) (f)  of Section 56836.08 by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.13 56836.15  for the special education local plan area for the prior fiscal year. For the 2014–15 fiscal year, the amount of funding per unit of average daily attendance for each special education local plan area shall include funding provided pursuant to Section 56836.12. 
(e) This section shall become inoperative on July 1, 2020.