| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2863Introduced by Assembly Member FrazierFebruary 21, 2020 An act to amend Section 56836.045 of the Education Code, relating to special education funding. LEGISLATIVE COUNSEL'S DIGESTAB 2863, as introduced, Frazier. Special education funding.Existing law provides for the calculation of apportionments to fund the provision of special education instruction and services for pupils who qualify for these programs. Existing law establishes the special education early intervention preschool grant, which requires the Superintendent of Public Instruction, in any year moneys are appropriated for this purpose, to allocate grant funding to school districts for preschool children with exceptional needs, as provided. Existing law, for the 202021 fiscal year, prohibits the Superintendent from making certain computations for special education funding unless the Superintendent receives a joint notification from the Director of Finance, or the directors designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that determines certain statutory changes designed to improve the academic outcomes of individuals with exceptional needs has occurred.This bill would extend the above-described prohibition to the 202122 fiscal year.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 56836.045 of the Education Code is amended to read:56836.045. For the 202021 and 202122 fiscal year, years, the Superintendent shall only make the computations described in paragraph (3) of subdivision (b) of Section 56836.08 and Section 56836.40 upon receiving a joint notification from the Director of Finance, or the directors designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that a bill providing for appropriations related to the budget bill, within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, that is identified in the Budget Act of 2020 or the Budget Act of 2021 makes statutory changes designed to improve the academic outcomes of individuals with exceptional needs. These statutory changes may include, but are not limited to, all of the following topics:(a) An examination of the role of special education local plan areas in the delivery of special education services and supports for individuals with exceptional needs, including increasing accountability and incorporation into the statewide system of support.(b) Expansion of inclusive practices to ensure that every individual with exceptional needs has access to learn in the least restrictive environment.(c) Opportunities for local educational agencies to receive state and regional support to address disproportionality of special education identification, placement, and discipline, as applicable, and ensure equitable access to services for individuals with exceptional needs.(d) Review of existing funding allocations for special education, including, but not limited to, computations made pursuant to Sections 56836.08 and 56836.40. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2863Introduced by Assembly Member FrazierFebruary 21, 2020 An act to amend Section 56836.045 of the Education Code, relating to special education funding. LEGISLATIVE COUNSEL'S DIGESTAB 2863, as introduced, Frazier. Special education funding.Existing law provides for the calculation of apportionments to fund the provision of special education instruction and services for pupils who qualify for these programs. Existing law establishes the special education early intervention preschool grant, which requires the Superintendent of Public Instruction, in any year moneys are appropriated for this purpose, to allocate grant funding to school districts for preschool children with exceptional needs, as provided. Existing law, for the 202021 fiscal year, prohibits the Superintendent from making certain computations for special education funding unless the Superintendent receives a joint notification from the Director of Finance, or the directors designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that determines certain statutory changes designed to improve the academic outcomes of individuals with exceptional needs has occurred.This bill would extend the above-described prohibition to the 202122 fiscal year.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2863 |
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| 15 | 15 | | Introduced by Assembly Member FrazierFebruary 21, 2020 |
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| 17 | 17 | | Introduced by Assembly Member Frazier |
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| 18 | 18 | | February 21, 2020 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 56836.045 of the Education Code, relating to special education funding. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2863, as introduced, Frazier. Special education funding. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law provides for the calculation of apportionments to fund the provision of special education instruction and services for pupils who qualify for these programs. Existing law establishes the special education early intervention preschool grant, which requires the Superintendent of Public Instruction, in any year moneys are appropriated for this purpose, to allocate grant funding to school districts for preschool children with exceptional needs, as provided. Existing law, for the 202021 fiscal year, prohibits the Superintendent from making certain computations for special education funding unless the Superintendent receives a joint notification from the Director of Finance, or the directors designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that determines certain statutory changes designed to improve the academic outcomes of individuals with exceptional needs has occurred.This bill would extend the above-described prohibition to the 202122 fiscal year. |
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| 30 | 30 | | Existing law provides for the calculation of apportionments to fund the provision of special education instruction and services for pupils who qualify for these programs. Existing law establishes the special education early intervention preschool grant, which requires the Superintendent of Public Instruction, in any year moneys are appropriated for this purpose, to allocate grant funding to school districts for preschool children with exceptional needs, as provided. Existing law, for the 202021 fiscal year, prohibits the Superintendent from making certain computations for special education funding unless the Superintendent receives a joint notification from the Director of Finance, or the directors designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that determines certain statutory changes designed to improve the academic outcomes of individuals with exceptional needs has occurred. |
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| 32 | 32 | | This bill would extend the above-described prohibition to the 202122 fiscal year. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 56836.045 of the Education Code is amended to read:56836.045. For the 202021 and 202122 fiscal year, years, the Superintendent shall only make the computations described in paragraph (3) of subdivision (b) of Section 56836.08 and Section 56836.40 upon receiving a joint notification from the Director of Finance, or the directors designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that a bill providing for appropriations related to the budget bill, within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, that is identified in the Budget Act of 2020 or the Budget Act of 2021 makes statutory changes designed to improve the academic outcomes of individuals with exceptional needs. These statutory changes may include, but are not limited to, all of the following topics:(a) An examination of the role of special education local plan areas in the delivery of special education services and supports for individuals with exceptional needs, including increasing accountability and incorporation into the statewide system of support.(b) Expansion of inclusive practices to ensure that every individual with exceptional needs has access to learn in the least restrictive environment.(c) Opportunities for local educational agencies to receive state and regional support to address disproportionality of special education identification, placement, and discipline, as applicable, and ensure equitable access to services for individuals with exceptional needs.(d) Review of existing funding allocations for special education, including, but not limited to, computations made pursuant to Sections 56836.08 and 56836.40. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 56836.045 of the Education Code is amended to read:56836.045. For the 202021 and 202122 fiscal year, years, the Superintendent shall only make the computations described in paragraph (3) of subdivision (b) of Section 56836.08 and Section 56836.40 upon receiving a joint notification from the Director of Finance, or the directors designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that a bill providing for appropriations related to the budget bill, within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, that is identified in the Budget Act of 2020 or the Budget Act of 2021 makes statutory changes designed to improve the academic outcomes of individuals with exceptional needs. These statutory changes may include, but are not limited to, all of the following topics:(a) An examination of the role of special education local plan areas in the delivery of special education services and supports for individuals with exceptional needs, including increasing accountability and incorporation into the statewide system of support.(b) Expansion of inclusive practices to ensure that every individual with exceptional needs has access to learn in the least restrictive environment.(c) Opportunities for local educational agencies to receive state and regional support to address disproportionality of special education identification, placement, and discipline, as applicable, and ensure equitable access to services for individuals with exceptional needs.(d) Review of existing funding allocations for special education, including, but not limited to, computations made pursuant to Sections 56836.08 and 56836.40. |
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| 46 | 46 | | SECTION 1. Section 56836.045 of the Education Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 56836.045. For the 202021 and 202122 fiscal year, years, the Superintendent shall only make the computations described in paragraph (3) of subdivision (b) of Section 56836.08 and Section 56836.40 upon receiving a joint notification from the Director of Finance, or the directors designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that a bill providing for appropriations related to the budget bill, within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, that is identified in the Budget Act of 2020 or the Budget Act of 2021 makes statutory changes designed to improve the academic outcomes of individuals with exceptional needs. These statutory changes may include, but are not limited to, all of the following topics:(a) An examination of the role of special education local plan areas in the delivery of special education services and supports for individuals with exceptional needs, including increasing accountability and incorporation into the statewide system of support.(b) Expansion of inclusive practices to ensure that every individual with exceptional needs has access to learn in the least restrictive environment.(c) Opportunities for local educational agencies to receive state and regional support to address disproportionality of special education identification, placement, and discipline, as applicable, and ensure equitable access to services for individuals with exceptional needs.(d) Review of existing funding allocations for special education, including, but not limited to, computations made pursuant to Sections 56836.08 and 56836.40. |
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| 52 | 52 | | 56836.045. For the 202021 and 202122 fiscal year, years, the Superintendent shall only make the computations described in paragraph (3) of subdivision (b) of Section 56836.08 and Section 56836.40 upon receiving a joint notification from the Director of Finance, or the directors designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that a bill providing for appropriations related to the budget bill, within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, that is identified in the Budget Act of 2020 or the Budget Act of 2021 makes statutory changes designed to improve the academic outcomes of individuals with exceptional needs. These statutory changes may include, but are not limited to, all of the following topics:(a) An examination of the role of special education local plan areas in the delivery of special education services and supports for individuals with exceptional needs, including increasing accountability and incorporation into the statewide system of support.(b) Expansion of inclusive practices to ensure that every individual with exceptional needs has access to learn in the least restrictive environment.(c) Opportunities for local educational agencies to receive state and regional support to address disproportionality of special education identification, placement, and discipline, as applicable, and ensure equitable access to services for individuals with exceptional needs.(d) Review of existing funding allocations for special education, including, but not limited to, computations made pursuant to Sections 56836.08 and 56836.40. |
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| 54 | 54 | | 56836.045. For the 202021 and 202122 fiscal year, years, the Superintendent shall only make the computations described in paragraph (3) of subdivision (b) of Section 56836.08 and Section 56836.40 upon receiving a joint notification from the Director of Finance, or the directors designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that a bill providing for appropriations related to the budget bill, within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, that is identified in the Budget Act of 2020 or the Budget Act of 2021 makes statutory changes designed to improve the academic outcomes of individuals with exceptional needs. These statutory changes may include, but are not limited to, all of the following topics:(a) An examination of the role of special education local plan areas in the delivery of special education services and supports for individuals with exceptional needs, including increasing accountability and incorporation into the statewide system of support.(b) Expansion of inclusive practices to ensure that every individual with exceptional needs has access to learn in the least restrictive environment.(c) Opportunities for local educational agencies to receive state and regional support to address disproportionality of special education identification, placement, and discipline, as applicable, and ensure equitable access to services for individuals with exceptional needs.(d) Review of existing funding allocations for special education, including, but not limited to, computations made pursuant to Sections 56836.08 and 56836.40. |
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| 58 | 58 | | 56836.045. For the 202021 and 202122 fiscal year, years, the Superintendent shall only make the computations described in paragraph (3) of subdivision (b) of Section 56836.08 and Section 56836.40 upon receiving a joint notification from the Director of Finance, or the directors designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that a bill providing for appropriations related to the budget bill, within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, that is identified in the Budget Act of 2020 or the Budget Act of 2021 makes statutory changes designed to improve the academic outcomes of individuals with exceptional needs. These statutory changes may include, but are not limited to, all of the following topics: |
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| 60 | 60 | | (a) An examination of the role of special education local plan areas in the delivery of special education services and supports for individuals with exceptional needs, including increasing accountability and incorporation into the statewide system of support. |
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| 62 | 62 | | (b) Expansion of inclusive practices to ensure that every individual with exceptional needs has access to learn in the least restrictive environment. |
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| 64 | 64 | | (c) Opportunities for local educational agencies to receive state and regional support to address disproportionality of special education identification, placement, and discipline, as applicable, and ensure equitable access to services for individuals with exceptional needs. |
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| 66 | 66 | | (d) Review of existing funding allocations for special education, including, but not limited to, computations made pursuant to Sections 56836.08 and 56836.40. |
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