CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 312Introduced by Assembly Member O'DonnellFebruary 06, 2017 An act relating to school finance. LEGISLATIVE COUNSEL'S DIGESTAB 312, as introduced, O'Donnell. School finance: special education funding.Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula. Existing law requires the Superintendent of Public Instruction to determine the amount of funding to be provided for each special education local plan area (SELPA) in accordance with specified calculations.This bill would express the intent of the Legislature to phase-in equalization of SELPA funding rates to an unspecified percentile, commencing with the full implementation of the local control funding formula. The bill would also express the intent of the Legislature to establish a state funding mechanism to provide all local educational agencies with the funding necessary to establish high-quality preschool programs for Californias preschool-age children with disabilities in order to give those children the best chance for educational success in the most cost-efficient manner.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Special education is a federal- and state-mandated educational program that entitles children with disabilities to receive a free appropriate public education (FAPE).(b) Californias special education funding formula established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) (AB 602) does not adequately or equitably provide the necessary funding to pay for the true and increasing costs of providing educational services to pupils with disabilities.(c) State special education funding rates among special education local plan areas vary considerably and have not kept pace with rising special education pupil enrollment.(d) The Legislative Analysts Office has consistently recommended that the Legislature adopt legislation to equalize special education AB 602 funding rates.(e) The Public Policy Institute of California (PPIC) and the Statewide Special Education Task Force both recommend that the state provide funding for special education equalization.(f) Children who receive high-quality care and education before kindergarten are 40 to 60 percent less likely to require special education interventions when they reach school age.(g) Funding early intervention programs, such as preschool for children with disabilities, provides educational and social benefits to children and results in significant future cost savings to state and local educational agencies.(h) Under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Californias special education laws, local educational agencies are required to provide services to children with disabilities beginning at birth to age 22. In California, the only funding designated specifically for preschool-age children with disabilities comes from the federal government.(i) In the 201415 fiscal year, local educational agencies reported $490 million in expenditures for preschool-age children with disabilities to the State Department of Education through the Standardized Account Code Structure, while in the 201415 fiscal year, the federal preschool grants appropriated to California only amounted to $97 million.(j) High-quality public preschool programs for children with significant disabilities are limited or nearly nonexistent in some areas of the state.(k) There has been a significant increase in the population of preschool-age children with autism spectrum disorder, many of whom require intensive services.(l) In March 2015, the Statewide Special Education Task Force recommended that the state establish a new state preschool funding model that is calculated on a per-pupil rate that is based on a set amount of state funding.SEC. 2. (a) It is the intent of the Legislature to phase-in equalization of special education local plan area funding rates established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) to the ____ percentile, commencing with the full implementation of the local control funding formula.(b) It is further the intent of the Legislature to establish a state funding mechanism to provide all local educational agencies with the funding necessary to establish new or expanded high-quality preschool programs for Californias preschool-age children with disabilities in order to give those children the best chance for educational success in the most cost-efficient manner. CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 312Introduced by Assembly Member O'DonnellFebruary 06, 2017 An act relating to school finance. LEGISLATIVE COUNSEL'S DIGESTAB 312, as introduced, O'Donnell. School finance: special education funding.Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula. Existing law requires the Superintendent of Public Instruction to determine the amount of funding to be provided for each special education local plan area (SELPA) in accordance with specified calculations.This bill would express the intent of the Legislature to phase-in equalization of SELPA funding rates to an unspecified percentile, commencing with the full implementation of the local control funding formula. The bill would also express the intent of the Legislature to establish a state funding mechanism to provide all local educational agencies with the funding necessary to establish high-quality preschool programs for Californias preschool-age children with disabilities in order to give those children the best chance for educational success in the most cost-efficient manner.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 312 Introduced by Assembly Member O'DonnellFebruary 06, 2017 Introduced by Assembly Member O'Donnell February 06, 2017 An act relating to school finance. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 312, as introduced, O'Donnell. School finance: special education funding. Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula. Existing law requires the Superintendent of Public Instruction to determine the amount of funding to be provided for each special education local plan area (SELPA) in accordance with specified calculations.This bill would express the intent of the Legislature to phase-in equalization of SELPA funding rates to an unspecified percentile, commencing with the full implementation of the local control funding formula. The bill would also express the intent of the Legislature to establish a state funding mechanism to provide all local educational agencies with the funding necessary to establish high-quality preschool programs for Californias preschool-age children with disabilities in order to give those children the best chance for educational success in the most cost-efficient manner. Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula. Existing law requires the Superintendent of Public Instruction to determine the amount of funding to be provided for each special education local plan area (SELPA) in accordance with specified calculations. This bill would express the intent of the Legislature to phase-in equalization of SELPA funding rates to an unspecified percentile, commencing with the full implementation of the local control funding formula. The bill would also express the intent of the Legislature to establish a state funding mechanism to provide all local educational agencies with the funding necessary to establish high-quality preschool programs for Californias preschool-age children with disabilities in order to give those children the best chance for educational success in the most cost-efficient manner. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Special education is a federal- and state-mandated educational program that entitles children with disabilities to receive a free appropriate public education (FAPE).(b) Californias special education funding formula established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) (AB 602) does not adequately or equitably provide the necessary funding to pay for the true and increasing costs of providing educational services to pupils with disabilities.(c) State special education funding rates among special education local plan areas vary considerably and have not kept pace with rising special education pupil enrollment.(d) The Legislative Analysts Office has consistently recommended that the Legislature adopt legislation to equalize special education AB 602 funding rates.(e) The Public Policy Institute of California (PPIC) and the Statewide Special Education Task Force both recommend that the state provide funding for special education equalization.(f) Children who receive high-quality care and education before kindergarten are 40 to 60 percent less likely to require special education interventions when they reach school age.(g) Funding early intervention programs, such as preschool for children with disabilities, provides educational and social benefits to children and results in significant future cost savings to state and local educational agencies.(h) Under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Californias special education laws, local educational agencies are required to provide services to children with disabilities beginning at birth to age 22. In California, the only funding designated specifically for preschool-age children with disabilities comes from the federal government.(i) In the 201415 fiscal year, local educational agencies reported $490 million in expenditures for preschool-age children with disabilities to the State Department of Education through the Standardized Account Code Structure, while in the 201415 fiscal year, the federal preschool grants appropriated to California only amounted to $97 million.(j) High-quality public preschool programs for children with significant disabilities are limited or nearly nonexistent in some areas of the state.(k) There has been a significant increase in the population of preschool-age children with autism spectrum disorder, many of whom require intensive services.(l) In March 2015, the Statewide Special Education Task Force recommended that the state establish a new state preschool funding model that is calculated on a per-pupil rate that is based on a set amount of state funding.SEC. 2. (a) It is the intent of the Legislature to phase-in equalization of special education local plan area funding rates established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) to the ____ percentile, commencing with the full implementation of the local control funding formula.(b) It is further the intent of the Legislature to establish a state funding mechanism to provide all local educational agencies with the funding necessary to establish new or expanded high-quality preschool programs for Californias preschool-age children with disabilities in order to give those children the best chance for educational success in the most cost-efficient manner. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following:(a) Special education is a federal- and state-mandated educational program that entitles children with disabilities to receive a free appropriate public education (FAPE).(b) Californias special education funding formula established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) (AB 602) does not adequately or equitably provide the necessary funding to pay for the true and increasing costs of providing educational services to pupils with disabilities.(c) State special education funding rates among special education local plan areas vary considerably and have not kept pace with rising special education pupil enrollment.(d) The Legislative Analysts Office has consistently recommended that the Legislature adopt legislation to equalize special education AB 602 funding rates.(e) The Public Policy Institute of California (PPIC) and the Statewide Special Education Task Force both recommend that the state provide funding for special education equalization.(f) Children who receive high-quality care and education before kindergarten are 40 to 60 percent less likely to require special education interventions when they reach school age.(g) Funding early intervention programs, such as preschool for children with disabilities, provides educational and social benefits to children and results in significant future cost savings to state and local educational agencies.(h) Under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Californias special education laws, local educational agencies are required to provide services to children with disabilities beginning at birth to age 22. In California, the only funding designated specifically for preschool-age children with disabilities comes from the federal government.(i) In the 201415 fiscal year, local educational agencies reported $490 million in expenditures for preschool-age children with disabilities to the State Department of Education through the Standardized Account Code Structure, while in the 201415 fiscal year, the federal preschool grants appropriated to California only amounted to $97 million.(j) High-quality public preschool programs for children with significant disabilities are limited or nearly nonexistent in some areas of the state.(k) There has been a significant increase in the population of preschool-age children with autism spectrum disorder, many of whom require intensive services.(l) In March 2015, the Statewide Special Education Task Force recommended that the state establish a new state preschool funding model that is calculated on a per-pupil rate that is based on a set amount of state funding. SECTION 1. The Legislature finds and declares all of the following:(a) Special education is a federal- and state-mandated educational program that entitles children with disabilities to receive a free appropriate public education (FAPE).(b) Californias special education funding formula established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) (AB 602) does not adequately or equitably provide the necessary funding to pay for the true and increasing costs of providing educational services to pupils with disabilities.(c) State special education funding rates among special education local plan areas vary considerably and have not kept pace with rising special education pupil enrollment.(d) The Legislative Analysts Office has consistently recommended that the Legislature adopt legislation to equalize special education AB 602 funding rates.(e) The Public Policy Institute of California (PPIC) and the Statewide Special Education Task Force both recommend that the state provide funding for special education equalization.(f) Children who receive high-quality care and education before kindergarten are 40 to 60 percent less likely to require special education interventions when they reach school age.(g) Funding early intervention programs, such as preschool for children with disabilities, provides educational and social benefits to children and results in significant future cost savings to state and local educational agencies.(h) Under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Californias special education laws, local educational agencies are required to provide services to children with disabilities beginning at birth to age 22. In California, the only funding designated specifically for preschool-age children with disabilities comes from the federal government.(i) In the 201415 fiscal year, local educational agencies reported $490 million in expenditures for preschool-age children with disabilities to the State Department of Education through the Standardized Account Code Structure, while in the 201415 fiscal year, the federal preschool grants appropriated to California only amounted to $97 million.(j) High-quality public preschool programs for children with significant disabilities are limited or nearly nonexistent in some areas of the state.(k) There has been a significant increase in the population of preschool-age children with autism spectrum disorder, many of whom require intensive services.(l) In March 2015, the Statewide Special Education Task Force recommended that the state establish a new state preschool funding model that is calculated on a per-pupil rate that is based on a set amount of state funding. SECTION 1. The Legislature finds and declares all of the following: ### SECTION 1. (a) Special education is a federal- and state-mandated educational program that entitles children with disabilities to receive a free appropriate public education (FAPE). (b) Californias special education funding formula established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) (AB 602) does not adequately or equitably provide the necessary funding to pay for the true and increasing costs of providing educational services to pupils with disabilities. (c) State special education funding rates among special education local plan areas vary considerably and have not kept pace with rising special education pupil enrollment. (d) The Legislative Analysts Office has consistently recommended that the Legislature adopt legislation to equalize special education AB 602 funding rates. (e) The Public Policy Institute of California (PPIC) and the Statewide Special Education Task Force both recommend that the state provide funding for special education equalization. (f) Children who receive high-quality care and education before kindergarten are 40 to 60 percent less likely to require special education interventions when they reach school age. (g) Funding early intervention programs, such as preschool for children with disabilities, provides educational and social benefits to children and results in significant future cost savings to state and local educational agencies. (h) Under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Californias special education laws, local educational agencies are required to provide services to children with disabilities beginning at birth to age 22. In California, the only funding designated specifically for preschool-age children with disabilities comes from the federal government. (i) In the 201415 fiscal year, local educational agencies reported $490 million in expenditures for preschool-age children with disabilities to the State Department of Education through the Standardized Account Code Structure, while in the 201415 fiscal year, the federal preschool grants appropriated to California only amounted to $97 million. (j) High-quality public preschool programs for children with significant disabilities are limited or nearly nonexistent in some areas of the state. (k) There has been a significant increase in the population of preschool-age children with autism spectrum disorder, many of whom require intensive services. (l) In March 2015, the Statewide Special Education Task Force recommended that the state establish a new state preschool funding model that is calculated on a per-pupil rate that is based on a set amount of state funding. SEC. 2. (a) It is the intent of the Legislature to phase-in equalization of special education local plan area funding rates established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) to the ____ percentile, commencing with the full implementation of the local control funding formula.(b) It is further the intent of the Legislature to establish a state funding mechanism to provide all local educational agencies with the funding necessary to establish new or expanded high-quality preschool programs for Californias preschool-age children with disabilities in order to give those children the best chance for educational success in the most cost-efficient manner. SEC. 2. (a) It is the intent of the Legislature to phase-in equalization of special education local plan area funding rates established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) to the ____ percentile, commencing with the full implementation of the local control funding formula.(b) It is further the intent of the Legislature to establish a state funding mechanism to provide all local educational agencies with the funding necessary to establish new or expanded high-quality preschool programs for Californias preschool-age children with disabilities in order to give those children the best chance for educational success in the most cost-efficient manner. SEC. 2. (a) It is the intent of the Legislature to phase-in equalization of special education local plan area funding rates established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) to the ____ percentile, commencing with the full implementation of the local control funding formula. ### SEC. 2. (b) It is further the intent of the Legislature to establish a state funding mechanism to provide all local educational agencies with the funding necessary to establish new or expanded high-quality preschool programs for Californias preschool-age children with disabilities in order to give those children the best chance for educational success in the most cost-efficient manner.