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California Assembly Bill AB428

California 2019-2020 Regular Session

California Assembly Bill AB428 Compare Versions

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11 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 428Introduced by Assembly Members Medina, ODonnell, Frazier, Arambula, and Reyes(Coauthors: Senators Allen, Beall, and Wilk)February 07, 2019 An act to amend Sections 56836.06, 56836.11, and 56836.145 of, and to add Sections 56836.12 and 56836.146 to, the Education Code, relating to special education funding.LEGISLATIVE COUNSEL'S DIGESTAB 428, as introduced, Medina. 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 in accordance with specified calculations. Existing law requires the Superintendent, for the 201314 fiscal year, to compute an equalization adjustment for each special education local plan area for purposes of increasing the funding rates for special education local plan areas with funding rates below the 90th percentile, as specified.This bill would increase that percentile to the 95th percentile and would require the Superintendent to compute that equalization adjustment commencing with the first fiscal year after funds are apportioned pursuant to a specified formula and for each fiscal year thereafter in which an equalization appropriation is made, as specified. The bill would require the Superintendent to make certain computations following each year in which an equalization appropriation is made.The bill would establish the high-cost service allowance for the purpose of providing supplemental funding to a special education local plan area on the basis of the number of pupils who are severely disabled and the number pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities, and would require the Superintendent to make specified computations that would determine the high-cost service allowance for each special education local plan area.The bill would require, commencing with the first fiscal year after funds are apportioned pursuant to a specified formula, a special education local plan area that reports serving children 3 or 4 years of age who meet the definition of an individual with exceptional needs to count 3 times all units of average daily attendance generated by children enrolled in kindergarten less those children eligible for transitional kindergarten, for purposes of calculating units of average daily attendance, except as provided. By adding to the duties of special education local plan areas, the bill would impose a state-mandated local program.Existing law defines average daily attendance reported for the special education local plan area for purposes of these and other provisions to mean the total number of units of average daily attendance reported in the school district or districts and in the county office of education or county offices of education, or portion of a county office of education that is a part of more than one special education local plan area, as specified.The bill would revise that definition to mean the total number of units of average daily attendance reported for the current school year or the prior school year, whichever is greater, in those same entities, as specified.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES 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 in the least restrictive environment.(b) In 2015, the Statewide Special Education Task Force was established by the State Board of Education for the purpose of outlining distinct reforms necessary for a successful special education system, which included a call for additional state funding earmarked for services required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).(c) The findings contained in the Statewide Special Education Task Force report acknowledge several policy and fiscal challenges faced by local educational agencies (LEAs) and provide recommendations and detail actions to improve the system and pupil outcomes. The report includes all of the following findings:(1) Special education is underfunded.(2) The special education local plan area (SELPA) base rates established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) (AB 602) are not equitable throughout the state.(3) The state needs to better support local infant and preschool special education programs.(4) The census-based funding model of AB 602 has been successful in avoiding incentives to place special education pupils in restrictive educational placements.(d) The growth in funding for special education does not reflect the actual growth in enrollment of special education pupils.(e) There is widespread agreement among LEAs that the state should adopt the following recommendations contained in the Statewide Special Education Task Force report:(1) Retain the AB 602 census-based funding model.(2) Level up the AB 602 SELPA funding base rates.(3) Increase state funding for preschoolers with disabilities.(4) Provide an adequate funding set-aside to assist pupils with severe disabilities.(5) Adjust the enrollment growth calculation to reflect the actual growth in special education enrollment.SEC. 2. It is the intent of the Legislature that the funding required to implement this act be provided over the course of five years.SEC. 3. Section 56836.06 of the Education Code is amended to read:56836.06. For purposes of this article, the following terms or phrases have the following meanings, definitions apply, 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 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in the school 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 subdivisions (a) and (b) of Section 41601 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in schools operated by the county office or offices of education 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) For purposes of computing apportionments pursuant to this chapter 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 term average daily attendance means the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in school districts within Los Angeles County and all schools operated by the Los Angeles County Office of Education and the school districts within Los Angeles County.(c) 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.(d) 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.(e) For a charter school deemed a local educational agency for purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the department pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or 56836.05, or both. If the charter school is a participant in a local plan that only includes other charter schools pursuant to subdivision (f) of Section 56195.1, the amount computed pursuant to Section 56836.11 shall be apportioned by the department pursuant for each unit of average daily attendance reported pursuant to subdivision (a).SEC. 4. Section 56836.11 of the Education Code is amended to read:56836.11. (a) For the purpose of computing the equalization adjustment for special education local plan areas for the 199899 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 exclusive of the amount of funding computed 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, pursuant to Section 56836.09 for the 199798 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 199798 fiscal year, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996, and exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2) to determine the statewide target amount for the 199798 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 199899 fiscal year to determine the statewide target amount for the 199899 fiscal year.(b) Commencing with the 19992000 fiscal year to the 200405 fiscal year, inclusive, 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.(c) For the 200506 fiscal year, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) The 200405 fiscal year statewide target amount per unit of average daily attendance less the sum of the 200405 fiscal year total amount of federal funds apportioned pursuant to Schedule (1) in Item 6110-161-0890 of Section 2.00 of the Budget Act of 2004 for purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive, divided by the total average daily attendance computed for the 200405 fiscal year.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(d) Commencing with the 200607 fiscal year and continuing through the 201213 fiscal year, inclusive, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(e) For the 201314 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6110-161-0001 of Section 2.00 of the Budget Act of 2013, and excluding the amount of funding computed 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 201314 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 201213 fiscal year, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).(f) For the 201415 fiscal year to the 201718 fiscal year, inclusive, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 201415 fiscal year and each fiscal year thereafter.(3) Add the amounts computed in paragraphs (1) and (2).(g) For the 201819 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Subtract the amount computed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 56836.24 for the 201718 fiscal year from the amount computed in paragraph (1).(3) Multiply the amount computed in paragraph (2) by the inflation factor for the 201819 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(4) Add the amounts computed in paragraphs (2) and (3).(h) Commencing with the 201920 fiscal year and continuing each fiscal year thereafter, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(3) Add the amounts computed in paragraphs (1) and (2).(i) Following each year in which an equalization appropriation is made pursuant to Section 56836.145, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6100-161-0001 of Section 2.00 of the most recent Budget Act, and excluding the amount of funding computed 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 fiscal year in which the equalization appropriation has been made.(2) Total the number of units of average daily attendance reported for each special education local plan area for the fiscal year preceding the equalization appropriation, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2). SEC. 5. Section 56836.12 is added to the Education Code, to read:56836.12. (a) The high-cost service allowance is hereby established for the purpose of providing supplemental funding to a special education local plan area on the basis of the number of pupils who are severely disabled, as defined in Section 56030.5, and the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(b) For the 201920 fiscal year, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area:(1) From the December 2018 pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the 201920 fiscal year.(c) For the 202021 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area for the fiscal year in which the computation is made:(1) From the prior school years December pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the fiscal year in which the computation is made.SEC. 6. Section 56836.145 of the Education Code is amended to read:56836.145. (a) For the 201314 fiscal year, Commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, and for each fiscal year thereafter in which an appropriation is made for purposes of this section, the Superintendent shall compute an equalization adjustment for each special education local plan area, exclusive of 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, so that the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 of a special education local plan area is not less than the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 that does not fall below more than 10 percent of the total statewide units of average daily attendance for each special education local plan area.(b) The Superintendent shall compute an equalization adjustment for each special education local plan areas special education funding rate per unit of average daily attendance, exclusive of 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, as follows:(1) Multiply the amount computed for each special education local plan area pursuant to subdivision (a) by the average daily attendance used to calculate the special education local plan areas special education funding for the 201314 fiscal year. fiscal year in which an appropriation is made for purposes of this section.(2) Divide the amount appropriated for purposes of this section for the 201314 fiscal year in which an appropriation is made by the statewide sum of the amount computed pursuant to paragraph (1).(3) Multiply the amount computed for the special education local plan area pursuant to subdivision (a) by the amount computed pursuant to paragraph (2).(c) For purposes of this section, the statewide 90th 95th percentile special education funding rate determined pursuant to subdivision (a), and the fraction computed pursuant to paragraph (2) of subdivision (b) for the 201213 second principal apportionment, apportionment of the fiscal year preceding any appropriation made for purposes of this section, shall be final, and shall not be recalculated at subsequent apportionments. The fraction computed pursuant to paragraph (2) of subdivision (b) shall not exceed 1.00.SEC. 7. Section 56836.146 is added to the Education Code, immediately following Section 56836.145, to read:56836.146. (a) In order to provide funding for preschool-aged children with exceptional needs, commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, a special education local plan area that reports serving children three or four years of age who meet the definition in Section 56026, except for a special education local plan area that, as of December 1, 2018, reported exclusively serving children three or four years of age in transitional kindergarten or kindergarten, shall, for purposes of calculating units of average daily attendance, count three times all units of average daily attendance generated by children enrolled in kindergarten less those children eligible for transitional kindergarten as defined in subdivision (d) of Section 48000.(b) Any growth in average daily attendance generated by the adjustment described in subdivision (a) shall be funded at the prevailing statewide target rate, as calculated by subdivision (h) of Section 56836.11.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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33 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 428Introduced by Assembly Members Medina, ODonnell, Frazier, Arambula, and Reyes(Coauthors: Senators Allen, Beall, and Wilk)February 07, 2019 An act to amend Sections 56836.06, 56836.11, and 56836.145 of, and to add Sections 56836.12 and 56836.146 to, the Education Code, relating to special education funding.LEGISLATIVE COUNSEL'S DIGESTAB 428, as introduced, Medina. 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 in accordance with specified calculations. Existing law requires the Superintendent, for the 201314 fiscal year, to compute an equalization adjustment for each special education local plan area for purposes of increasing the funding rates for special education local plan areas with funding rates below the 90th percentile, as specified.This bill would increase that percentile to the 95th percentile and would require the Superintendent to compute that equalization adjustment commencing with the first fiscal year after funds are apportioned pursuant to a specified formula and for each fiscal year thereafter in which an equalization appropriation is made, as specified. The bill would require the Superintendent to make certain computations following each year in which an equalization appropriation is made.The bill would establish the high-cost service allowance for the purpose of providing supplemental funding to a special education local plan area on the basis of the number of pupils who are severely disabled and the number pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities, and would require the Superintendent to make specified computations that would determine the high-cost service allowance for each special education local plan area.The bill would require, commencing with the first fiscal year after funds are apportioned pursuant to a specified formula, a special education local plan area that reports serving children 3 or 4 years of age who meet the definition of an individual with exceptional needs to count 3 times all units of average daily attendance generated by children enrolled in kindergarten less those children eligible for transitional kindergarten, for purposes of calculating units of average daily attendance, except as provided. By adding to the duties of special education local plan areas, the bill would impose a state-mandated local program.Existing law defines average daily attendance reported for the special education local plan area for purposes of these and other provisions to mean the total number of units of average daily attendance reported in the school district or districts and in the county office of education or county offices of education, or portion of a county office of education that is a part of more than one special education local plan area, as specified.The bill would revise that definition to mean the total number of units of average daily attendance reported for the current school year or the prior school year, whichever is greater, in those same entities, as specified.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
1010
1111 Assembly Bill No. 428
1212
1313 Introduced by Assembly Members Medina, ODonnell, Frazier, Arambula, and Reyes(Coauthors: Senators Allen, Beall, and Wilk)February 07, 2019
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1515 Introduced by Assembly Members Medina, ODonnell, Frazier, Arambula, and Reyes(Coauthors: Senators Allen, Beall, and Wilk)
1616 February 07, 2019
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1818 An act to amend Sections 56836.06, 56836.11, and 56836.145 of, and to add Sections 56836.12 and 56836.146 to, the Education Code, relating to special education funding.
1919
2020 LEGISLATIVE COUNSEL'S DIGEST
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2222 ## LEGISLATIVE COUNSEL'S DIGEST
2323
2424 AB 428, as introduced, Medina. Special education funding.
2525
2626 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 in accordance with specified calculations. Existing law requires the Superintendent, for the 201314 fiscal year, to compute an equalization adjustment for each special education local plan area for purposes of increasing the funding rates for special education local plan areas with funding rates below the 90th percentile, as specified.This bill would increase that percentile to the 95th percentile and would require the Superintendent to compute that equalization adjustment commencing with the first fiscal year after funds are apportioned pursuant to a specified formula and for each fiscal year thereafter in which an equalization appropriation is made, as specified. The bill would require the Superintendent to make certain computations following each year in which an equalization appropriation is made.The bill would establish the high-cost service allowance for the purpose of providing supplemental funding to a special education local plan area on the basis of the number of pupils who are severely disabled and the number pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities, and would require the Superintendent to make specified computations that would determine the high-cost service allowance for each special education local plan area.The bill would require, commencing with the first fiscal year after funds are apportioned pursuant to a specified formula, a special education local plan area that reports serving children 3 or 4 years of age who meet the definition of an individual with exceptional needs to count 3 times all units of average daily attendance generated by children enrolled in kindergarten less those children eligible for transitional kindergarten, for purposes of calculating units of average daily attendance, except as provided. By adding to the duties of special education local plan areas, the bill would impose a state-mandated local program.Existing law defines average daily attendance reported for the special education local plan area for purposes of these and other provisions to mean the total number of units of average daily attendance reported in the school district or districts and in the county office of education or county offices of education, or portion of a county office of education that is a part of more than one special education local plan area, as specified.The bill would revise that definition to mean the total number of units of average daily attendance reported for the current school year or the prior school year, whichever is greater, in those same entities, as specified.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
2727
2828 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 in accordance with specified calculations. Existing law requires the Superintendent, for the 201314 fiscal year, to compute an equalization adjustment for each special education local plan area for purposes of increasing the funding rates for special education local plan areas with funding rates below the 90th percentile, as specified.
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3030 This bill would increase that percentile to the 95th percentile and would require the Superintendent to compute that equalization adjustment commencing with the first fiscal year after funds are apportioned pursuant to a specified formula and for each fiscal year thereafter in which an equalization appropriation is made, as specified. The bill would require the Superintendent to make certain computations following each year in which an equalization appropriation is made.
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3232 The bill would establish the high-cost service allowance for the purpose of providing supplemental funding to a special education local plan area on the basis of the number of pupils who are severely disabled and the number pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities, and would require the Superintendent to make specified computations that would determine the high-cost service allowance for each special education local plan area.
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3434 The bill would require, commencing with the first fiscal year after funds are apportioned pursuant to a specified formula, a special education local plan area that reports serving children 3 or 4 years of age who meet the definition of an individual with exceptional needs to count 3 times all units of average daily attendance generated by children enrolled in kindergarten less those children eligible for transitional kindergarten, for purposes of calculating units of average daily attendance, except as provided. By adding to the duties of special education local plan areas, the bill would impose a state-mandated local program.
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3636 Existing law defines average daily attendance reported for the special education local plan area for purposes of these and other provisions to mean the total number of units of average daily attendance reported in the school district or districts and in the county office of education or county offices of education, or portion of a county office of education that is a part of more than one special education local plan area, as specified.
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3838 The bill would revise that definition to mean the total number of units of average daily attendance reported for the current school year or the prior school year, whichever is greater, in those same entities, as specified.
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4040 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.
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4242 This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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4444 ## Digest Key
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4646 ## Bill Text
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4848 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 in the least restrictive environment.(b) In 2015, the Statewide Special Education Task Force was established by the State Board of Education for the purpose of outlining distinct reforms necessary for a successful special education system, which included a call for additional state funding earmarked for services required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).(c) The findings contained in the Statewide Special Education Task Force report acknowledge several policy and fiscal challenges faced by local educational agencies (LEAs) and provide recommendations and detail actions to improve the system and pupil outcomes. The report includes all of the following findings:(1) Special education is underfunded.(2) The special education local plan area (SELPA) base rates established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) (AB 602) are not equitable throughout the state.(3) The state needs to better support local infant and preschool special education programs.(4) The census-based funding model of AB 602 has been successful in avoiding incentives to place special education pupils in restrictive educational placements.(d) The growth in funding for special education does not reflect the actual growth in enrollment of special education pupils.(e) There is widespread agreement among LEAs that the state should adopt the following recommendations contained in the Statewide Special Education Task Force report:(1) Retain the AB 602 census-based funding model.(2) Level up the AB 602 SELPA funding base rates.(3) Increase state funding for preschoolers with disabilities.(4) Provide an adequate funding set-aside to assist pupils with severe disabilities.(5) Adjust the enrollment growth calculation to reflect the actual growth in special education enrollment.SEC. 2. It is the intent of the Legislature that the funding required to implement this act be provided over the course of five years.SEC. 3. Section 56836.06 of the Education Code is amended to read:56836.06. For purposes of this article, the following terms or phrases have the following meanings, definitions apply, 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 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in the school 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 subdivisions (a) and (b) of Section 41601 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in schools operated by the county office or offices of education 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) For purposes of computing apportionments pursuant to this chapter 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 term average daily attendance means the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in school districts within Los Angeles County and all schools operated by the Los Angeles County Office of Education and the school districts within Los Angeles County.(c) 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.(d) 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.(e) For a charter school deemed a local educational agency for purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the department pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or 56836.05, or both. If the charter school is a participant in a local plan that only includes other charter schools pursuant to subdivision (f) of Section 56195.1, the amount computed pursuant to Section 56836.11 shall be apportioned by the department pursuant for each unit of average daily attendance reported pursuant to subdivision (a).SEC. 4. Section 56836.11 of the Education Code is amended to read:56836.11. (a) For the purpose of computing the equalization adjustment for special education local plan areas for the 199899 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 exclusive of the amount of funding computed 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, pursuant to Section 56836.09 for the 199798 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 199798 fiscal year, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996, and exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2) to determine the statewide target amount for the 199798 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 199899 fiscal year to determine the statewide target amount for the 199899 fiscal year.(b) Commencing with the 19992000 fiscal year to the 200405 fiscal year, inclusive, 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.(c) For the 200506 fiscal year, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) The 200405 fiscal year statewide target amount per unit of average daily attendance less the sum of the 200405 fiscal year total amount of federal funds apportioned pursuant to Schedule (1) in Item 6110-161-0890 of Section 2.00 of the Budget Act of 2004 for purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive, divided by the total average daily attendance computed for the 200405 fiscal year.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(d) Commencing with the 200607 fiscal year and continuing through the 201213 fiscal year, inclusive, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(e) For the 201314 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6110-161-0001 of Section 2.00 of the Budget Act of 2013, and excluding the amount of funding computed 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 201314 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 201213 fiscal year, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).(f) For the 201415 fiscal year to the 201718 fiscal year, inclusive, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 201415 fiscal year and each fiscal year thereafter.(3) Add the amounts computed in paragraphs (1) and (2).(g) For the 201819 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Subtract the amount computed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 56836.24 for the 201718 fiscal year from the amount computed in paragraph (1).(3) Multiply the amount computed in paragraph (2) by the inflation factor for the 201819 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(4) Add the amounts computed in paragraphs (2) and (3).(h) Commencing with the 201920 fiscal year and continuing each fiscal year thereafter, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(3) Add the amounts computed in paragraphs (1) and (2).(i) Following each year in which an equalization appropriation is made pursuant to Section 56836.145, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6100-161-0001 of Section 2.00 of the most recent Budget Act, and excluding the amount of funding computed 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 fiscal year in which the equalization appropriation has been made.(2) Total the number of units of average daily attendance reported for each special education local plan area for the fiscal year preceding the equalization appropriation, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2). SEC. 5. Section 56836.12 is added to the Education Code, to read:56836.12. (a) The high-cost service allowance is hereby established for the purpose of providing supplemental funding to a special education local plan area on the basis of the number of pupils who are severely disabled, as defined in Section 56030.5, and the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(b) For the 201920 fiscal year, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area:(1) From the December 2018 pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the 201920 fiscal year.(c) For the 202021 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area for the fiscal year in which the computation is made:(1) From the prior school years December pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the fiscal year in which the computation is made.SEC. 6. Section 56836.145 of the Education Code is amended to read:56836.145. (a) For the 201314 fiscal year, Commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, and for each fiscal year thereafter in which an appropriation is made for purposes of this section, the Superintendent shall compute an equalization adjustment for each special education local plan area, exclusive of 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, so that the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 of a special education local plan area is not less than the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 that does not fall below more than 10 percent of the total statewide units of average daily attendance for each special education local plan area.(b) The Superintendent shall compute an equalization adjustment for each special education local plan areas special education funding rate per unit of average daily attendance, exclusive of 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, as follows:(1) Multiply the amount computed for each special education local plan area pursuant to subdivision (a) by the average daily attendance used to calculate the special education local plan areas special education funding for the 201314 fiscal year. fiscal year in which an appropriation is made for purposes of this section.(2) Divide the amount appropriated for purposes of this section for the 201314 fiscal year in which an appropriation is made by the statewide sum of the amount computed pursuant to paragraph (1).(3) Multiply the amount computed for the special education local plan area pursuant to subdivision (a) by the amount computed pursuant to paragraph (2).(c) For purposes of this section, the statewide 90th 95th percentile special education funding rate determined pursuant to subdivision (a), and the fraction computed pursuant to paragraph (2) of subdivision (b) for the 201213 second principal apportionment, apportionment of the fiscal year preceding any appropriation made for purposes of this section, shall be final, and shall not be recalculated at subsequent apportionments. The fraction computed pursuant to paragraph (2) of subdivision (b) shall not exceed 1.00.SEC. 7. Section 56836.146 is added to the Education Code, immediately following Section 56836.145, to read:56836.146. (a) In order to provide funding for preschool-aged children with exceptional needs, commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, a special education local plan area that reports serving children three or four years of age who meet the definition in Section 56026, except for a special education local plan area that, as of December 1, 2018, reported exclusively serving children three or four years of age in transitional kindergarten or kindergarten, shall, for purposes of calculating units of average daily attendance, count three times all units of average daily attendance generated by children enrolled in kindergarten less those children eligible for transitional kindergarten as defined in subdivision (d) of Section 48000.(b) Any growth in average daily attendance generated by the adjustment described in subdivision (a) shall be funded at the prevailing statewide target rate, as calculated by subdivision (h) of Section 56836.11.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
4949
5050 The people of the State of California do enact as follows:
5151
5252 ## The people of the State of California do enact as follows:
5353
5454 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 in the least restrictive environment.(b) In 2015, the Statewide Special Education Task Force was established by the State Board of Education for the purpose of outlining distinct reforms necessary for a successful special education system, which included a call for additional state funding earmarked for services required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).(c) The findings contained in the Statewide Special Education Task Force report acknowledge several policy and fiscal challenges faced by local educational agencies (LEAs) and provide recommendations and detail actions to improve the system and pupil outcomes. The report includes all of the following findings:(1) Special education is underfunded.(2) The special education local plan area (SELPA) base rates established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) (AB 602) are not equitable throughout the state.(3) The state needs to better support local infant and preschool special education programs.(4) The census-based funding model of AB 602 has been successful in avoiding incentives to place special education pupils in restrictive educational placements.(d) The growth in funding for special education does not reflect the actual growth in enrollment of special education pupils.(e) There is widespread agreement among LEAs that the state should adopt the following recommendations contained in the Statewide Special Education Task Force report:(1) Retain the AB 602 census-based funding model.(2) Level up the AB 602 SELPA funding base rates.(3) Increase state funding for preschoolers with disabilities.(4) Provide an adequate funding set-aside to assist pupils with severe disabilities.(5) Adjust the enrollment growth calculation to reflect the actual growth in special education enrollment.
5555
5656 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 in the least restrictive environment.(b) In 2015, the Statewide Special Education Task Force was established by the State Board of Education for the purpose of outlining distinct reforms necessary for a successful special education system, which included a call for additional state funding earmarked for services required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).(c) The findings contained in the Statewide Special Education Task Force report acknowledge several policy and fiscal challenges faced by local educational agencies (LEAs) and provide recommendations and detail actions to improve the system and pupil outcomes. The report includes all of the following findings:(1) Special education is underfunded.(2) The special education local plan area (SELPA) base rates established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) (AB 602) are not equitable throughout the state.(3) The state needs to better support local infant and preschool special education programs.(4) The census-based funding model of AB 602 has been successful in avoiding incentives to place special education pupils in restrictive educational placements.(d) The growth in funding for special education does not reflect the actual growth in enrollment of special education pupils.(e) There is widespread agreement among LEAs that the state should adopt the following recommendations contained in the Statewide Special Education Task Force report:(1) Retain the AB 602 census-based funding model.(2) Level up the AB 602 SELPA funding base rates.(3) Increase state funding for preschoolers with disabilities.(4) Provide an adequate funding set-aside to assist pupils with severe disabilities.(5) Adjust the enrollment growth calculation to reflect the actual growth in special education enrollment.
5757
5858 SECTION 1. The Legislature finds and declares all of the following:
5959
6060 ### SECTION 1.
6161
6262 (a) Special education is a federal- and state-mandated educational program that entitles children with disabilities to receive a free appropriate public education in the least restrictive environment.
6363
6464 (b) In 2015, the Statewide Special Education Task Force was established by the State Board of Education for the purpose of outlining distinct reforms necessary for a successful special education system, which included a call for additional state funding earmarked for services required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
6565
6666 (c) The findings contained in the Statewide Special Education Task Force report acknowledge several policy and fiscal challenges faced by local educational agencies (LEAs) and provide recommendations and detail actions to improve the system and pupil outcomes. The report includes all of the following findings:
6767
6868 (1) Special education is underfunded.
6969
7070 (2) The special education local plan area (SELPA) base rates established by Assembly Bill 602 of the 199798 Regular Session (Chapter 854 of the Statutes of 1997) (AB 602) are not equitable throughout the state.
7171
7272 (3) The state needs to better support local infant and preschool special education programs.
7373
7474 (4) The census-based funding model of AB 602 has been successful in avoiding incentives to place special education pupils in restrictive educational placements.
7575
7676 (d) The growth in funding for special education does not reflect the actual growth in enrollment of special education pupils.
7777
7878 (e) There is widespread agreement among LEAs that the state should adopt the following recommendations contained in the Statewide Special Education Task Force report:
7979
8080 (1) Retain the AB 602 census-based funding model.
8181
8282 (2) Level up the AB 602 SELPA funding base rates.
8383
8484 (3) Increase state funding for preschoolers with disabilities.
8585
8686 (4) Provide an adequate funding set-aside to assist pupils with severe disabilities.
8787
8888 (5) Adjust the enrollment growth calculation to reflect the actual growth in special education enrollment.
8989
9090 SEC. 2. It is the intent of the Legislature that the funding required to implement this act be provided over the course of five years.
9191
9292 SEC. 2. It is the intent of the Legislature that the funding required to implement this act be provided over the course of five years.
9393
9494 SEC. 2. It is the intent of the Legislature that the funding required to implement this act be provided over the course of five years.
9595
9696 ### SEC. 2.
9797
9898 SEC. 3. Section 56836.06 of the Education Code is amended to read:56836.06. For purposes of this article, the following terms or phrases have the following meanings, definitions apply, 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 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in the school 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 subdivisions (a) and (b) of Section 41601 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in schools operated by the county office or offices of education 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) For purposes of computing apportionments pursuant to this chapter 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 term average daily attendance means the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in school districts within Los Angeles County and all schools operated by the Los Angeles County Office of Education and the school districts within Los Angeles County.(c) 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.(d) 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.(e) For a charter school deemed a local educational agency for purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the department pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or 56836.05, or both. If the charter school is a participant in a local plan that only includes other charter schools pursuant to subdivision (f) of Section 56195.1, the amount computed pursuant to Section 56836.11 shall be apportioned by the department pursuant for each unit of average daily attendance reported pursuant to subdivision (a).
9999
100100 SEC. 3. Section 56836.06 of the Education Code is amended to read:
101101
102102 ### SEC. 3.
103103
104104 56836.06. For purposes of this article, the following terms or phrases have the following meanings, definitions apply, 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 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in the school 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 subdivisions (a) and (b) of Section 41601 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in schools operated by the county office or offices of education 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) For purposes of computing apportionments pursuant to this chapter 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 term average daily attendance means the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in school districts within Los Angeles County and all schools operated by the Los Angeles County Office of Education and the school districts within Los Angeles County.(c) 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.(d) 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.(e) For a charter school deemed a local educational agency for purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the department pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or 56836.05, or both. If the charter school is a participant in a local plan that only includes other charter schools pursuant to subdivision (f) of Section 56195.1, the amount computed pursuant to Section 56836.11 shall be apportioned by the department pursuant for each unit of average daily attendance reported pursuant to subdivision (a).
105105
106106 56836.06. For purposes of this article, the following terms or phrases have the following meanings, definitions apply, 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 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in the school 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 subdivisions (a) and (b) of Section 41601 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in schools operated by the county office or offices of education 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) For purposes of computing apportionments pursuant to this chapter 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 term average daily attendance means the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in school districts within Los Angeles County and all schools operated by the Los Angeles County Office of Education and the school districts within Los Angeles County.(c) 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.(d) 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.(e) For a charter school deemed a local educational agency for purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the department pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or 56836.05, or both. If the charter school is a participant in a local plan that only includes other charter schools pursuant to subdivision (f) of Section 56195.1, the amount computed pursuant to Section 56836.11 shall be apportioned by the department pursuant for each unit of average daily attendance reported pursuant to subdivision (a).
107107
108108 56836.06. For purposes of this article, the following terms or phrases have the following meanings, definitions apply, 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 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in the school 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 subdivisions (a) and (b) of Section 41601 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in schools operated by the county office or offices of education 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) For purposes of computing apportionments pursuant to this chapter 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 term average daily attendance means the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in school districts within Los Angeles County and all schools operated by the Los Angeles County Office of Education and the school districts within Los Angeles County.(c) 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.(d) 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.(e) For a charter school deemed a local educational agency for purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the department pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or 56836.05, or both. If the charter school is a participant in a local plan that only includes other charter schools pursuant to subdivision (f) of Section 56195.1, the amount computed pursuant to Section 56836.11 shall be apportioned by the department pursuant for each unit of average daily attendance reported pursuant to subdivision (a).
109109
110110
111111
112112 56836.06. For purposes of this article, the following terms or phrases have the following meanings, definitions apply, unless the context clearly requires otherwise:
113113
114114 (a) Average daily attendance reported for the special education local plan area means the total of the following:
115115
116116 (1) The total number of units of average daily attendance reported for the second principal apportionment pursuant to Section 41601 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in the school district or districts that are a part of the special education local plan area.
117117
118118 (2) The total number of units of average daily attendance reported pursuant to subdivisions (a) and (b) of Section 41601 41601, for the current school year or the prior school year, whichever is greater, for all pupils enrolled in schools operated by the county office or offices of education 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.
119119
120120 (b) For purposes of computing apportionments pursuant to this chapter 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 term average daily attendance means the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in school districts within Los Angeles County and all schools operated by the Los Angeles County Office of Education and the school districts within Los Angeles County.
121121
122122 (c) 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.
123123
124124 (d) 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.
125125
126126 (e) For a charter school deemed a local educational agency for purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the department pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or 56836.05, or both. If the charter school is a participant in a local plan that only includes other charter schools pursuant to subdivision (f) of Section 56195.1, the amount computed pursuant to Section 56836.11 shall be apportioned by the department pursuant for each unit of average daily attendance reported pursuant to subdivision (a).
127127
128128 SEC. 4. Section 56836.11 of the Education Code is amended to read:56836.11. (a) For the purpose of computing the equalization adjustment for special education local plan areas for the 199899 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 exclusive of the amount of funding computed 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, pursuant to Section 56836.09 for the 199798 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 199798 fiscal year, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996, and exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2) to determine the statewide target amount for the 199798 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 199899 fiscal year to determine the statewide target amount for the 199899 fiscal year.(b) Commencing with the 19992000 fiscal year to the 200405 fiscal year, inclusive, 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.(c) For the 200506 fiscal year, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) The 200405 fiscal year statewide target amount per unit of average daily attendance less the sum of the 200405 fiscal year total amount of federal funds apportioned pursuant to Schedule (1) in Item 6110-161-0890 of Section 2.00 of the Budget Act of 2004 for purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive, divided by the total average daily attendance computed for the 200405 fiscal year.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(d) Commencing with the 200607 fiscal year and continuing through the 201213 fiscal year, inclusive, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(e) For the 201314 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6110-161-0001 of Section 2.00 of the Budget Act of 2013, and excluding the amount of funding computed 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 201314 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 201213 fiscal year, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).(f) For the 201415 fiscal year to the 201718 fiscal year, inclusive, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 201415 fiscal year and each fiscal year thereafter.(3) Add the amounts computed in paragraphs (1) and (2).(g) For the 201819 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Subtract the amount computed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 56836.24 for the 201718 fiscal year from the amount computed in paragraph (1).(3) Multiply the amount computed in paragraph (2) by the inflation factor for the 201819 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(4) Add the amounts computed in paragraphs (2) and (3).(h) Commencing with the 201920 fiscal year and continuing each fiscal year thereafter, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(3) Add the amounts computed in paragraphs (1) and (2).(i) Following each year in which an equalization appropriation is made pursuant to Section 56836.145, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6100-161-0001 of Section 2.00 of the most recent Budget Act, and excluding the amount of funding computed 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 fiscal year in which the equalization appropriation has been made.(2) Total the number of units of average daily attendance reported for each special education local plan area for the fiscal year preceding the equalization appropriation, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).
129129
130130 SEC. 4. Section 56836.11 of the Education Code is amended to read:
131131
132132 ### SEC. 4.
133133
134134 56836.11. (a) For the purpose of computing the equalization adjustment for special education local plan areas for the 199899 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 exclusive of the amount of funding computed 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, pursuant to Section 56836.09 for the 199798 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 199798 fiscal year, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996, and exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2) to determine the statewide target amount for the 199798 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 199899 fiscal year to determine the statewide target amount for the 199899 fiscal year.(b) Commencing with the 19992000 fiscal year to the 200405 fiscal year, inclusive, 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.(c) For the 200506 fiscal year, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) The 200405 fiscal year statewide target amount per unit of average daily attendance less the sum of the 200405 fiscal year total amount of federal funds apportioned pursuant to Schedule (1) in Item 6110-161-0890 of Section 2.00 of the Budget Act of 2004 for purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive, divided by the total average daily attendance computed for the 200405 fiscal year.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(d) Commencing with the 200607 fiscal year and continuing through the 201213 fiscal year, inclusive, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(e) For the 201314 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6110-161-0001 of Section 2.00 of the Budget Act of 2013, and excluding the amount of funding computed 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 201314 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 201213 fiscal year, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).(f) For the 201415 fiscal year to the 201718 fiscal year, inclusive, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 201415 fiscal year and each fiscal year thereafter.(3) Add the amounts computed in paragraphs (1) and (2).(g) For the 201819 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Subtract the amount computed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 56836.24 for the 201718 fiscal year from the amount computed in paragraph (1).(3) Multiply the amount computed in paragraph (2) by the inflation factor for the 201819 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(4) Add the amounts computed in paragraphs (2) and (3).(h) Commencing with the 201920 fiscal year and continuing each fiscal year thereafter, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(3) Add the amounts computed in paragraphs (1) and (2).(i) Following each year in which an equalization appropriation is made pursuant to Section 56836.145, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6100-161-0001 of Section 2.00 of the most recent Budget Act, and excluding the amount of funding computed 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 fiscal year in which the equalization appropriation has been made.(2) Total the number of units of average daily attendance reported for each special education local plan area for the fiscal year preceding the equalization appropriation, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).
135135
136136 56836.11. (a) For the purpose of computing the equalization adjustment for special education local plan areas for the 199899 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 exclusive of the amount of funding computed 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, pursuant to Section 56836.09 for the 199798 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 199798 fiscal year, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996, and exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2) to determine the statewide target amount for the 199798 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 199899 fiscal year to determine the statewide target amount for the 199899 fiscal year.(b) Commencing with the 19992000 fiscal year to the 200405 fiscal year, inclusive, 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.(c) For the 200506 fiscal year, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) The 200405 fiscal year statewide target amount per unit of average daily attendance less the sum of the 200405 fiscal year total amount of federal funds apportioned pursuant to Schedule (1) in Item 6110-161-0890 of Section 2.00 of the Budget Act of 2004 for purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive, divided by the total average daily attendance computed for the 200405 fiscal year.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(d) Commencing with the 200607 fiscal year and continuing through the 201213 fiscal year, inclusive, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(e) For the 201314 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6110-161-0001 of Section 2.00 of the Budget Act of 2013, and excluding the amount of funding computed 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 201314 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 201213 fiscal year, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).(f) For the 201415 fiscal year to the 201718 fiscal year, inclusive, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 201415 fiscal year and each fiscal year thereafter.(3) Add the amounts computed in paragraphs (1) and (2).(g) For the 201819 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Subtract the amount computed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 56836.24 for the 201718 fiscal year from the amount computed in paragraph (1).(3) Multiply the amount computed in paragraph (2) by the inflation factor for the 201819 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(4) Add the amounts computed in paragraphs (2) and (3).(h) Commencing with the 201920 fiscal year and continuing each fiscal year thereafter, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(3) Add the amounts computed in paragraphs (1) and (2).(i) Following each year in which an equalization appropriation is made pursuant to Section 56836.145, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6100-161-0001 of Section 2.00 of the most recent Budget Act, and excluding the amount of funding computed 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 fiscal year in which the equalization appropriation has been made.(2) Total the number of units of average daily attendance reported for each special education local plan area for the fiscal year preceding the equalization appropriation, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).
137137
138138 56836.11. (a) For the purpose of computing the equalization adjustment for special education local plan areas for the 199899 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 exclusive of the amount of funding computed 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, pursuant to Section 56836.09 for the 199798 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 199798 fiscal year, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996, and exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2) to determine the statewide target amount for the 199798 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 199899 fiscal year to determine the statewide target amount for the 199899 fiscal year.(b) Commencing with the 19992000 fiscal year to the 200405 fiscal year, inclusive, 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.(c) For the 200506 fiscal year, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) The 200405 fiscal year statewide target amount per unit of average daily attendance less the sum of the 200405 fiscal year total amount of federal funds apportioned pursuant to Schedule (1) in Item 6110-161-0890 of Section 2.00 of the Budget Act of 2004 for purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive, divided by the total average daily attendance computed for the 200405 fiscal year.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(d) Commencing with the 200607 fiscal year and continuing through the 201213 fiscal year, inclusive, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.(3) Add the amounts computed in paragraphs (1) and (2).(e) For the 201314 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6110-161-0001 of Section 2.00 of the Budget Act of 2013, and excluding the amount of funding computed 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 201314 fiscal year.(2) Total the number of units of average daily attendance reported for each special education local plan area for the 201213 fiscal year, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).(f) For the 201415 fiscal year to the 201718 fiscal year, inclusive, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 201415 fiscal year and each fiscal year thereafter.(3) Add the amounts computed in paragraphs (1) and (2).(g) For the 201819 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Subtract the amount computed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 56836.24 for the 201718 fiscal year from the amount computed in paragraph (1).(3) Multiply the amount computed in paragraph (2) by the inflation factor for the 201819 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(4) Add the amounts computed in paragraphs (2) and (3).(h) Commencing with the 201920 fiscal year and continuing each fiscal year thereafter, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:(1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.(2) Multiply the amount computed in paragraph (1) by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.(3) Add the amounts computed in paragraphs (1) and (2).(i) Following each year in which an equalization appropriation is made pursuant to Section 56836.145, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:(1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6100-161-0001 of Section 2.00 of the most recent Budget Act, and excluding the amount of funding computed 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 fiscal year in which the equalization appropriation has been made.(2) Total the number of units of average daily attendance reported for each special education local plan area for the fiscal year preceding the equalization appropriation, exclusive of the units of average daily attendance computed 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.(3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).
139139
140140
141141
142142 56836.11. (a) For the purpose of computing the equalization adjustment for special education local plan areas for the 199899 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:
143143
144144 (1) Total the amount of funding computed for each special education local plan area exclusive of the amount of funding computed 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, pursuant to Section 56836.09 for the 199798 fiscal year.
145145
146146 (2) Total the number of units of average daily attendance reported for each special education local plan area for the 199798 fiscal year, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996, and exclusive of the units of average daily attendance computed 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.
147147
148148 (3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2) to determine the statewide target amount for the 199798 fiscal year.
149149
150150 (4) Add the amount computed in paragraph (3) to the inflation adjustment computed pursuant to subdivision (d) of Section 56836.08 for the 199899 fiscal year to determine the statewide target amount for the 199899 fiscal year.
151151
152152 (b) Commencing with the 19992000 fiscal year to the 200405 fiscal year, inclusive, 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.
153153
154154 (c) For the 200506 fiscal year, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:
155155
156156 (1) The 200405 fiscal year statewide target amount per unit of average daily attendance less the sum of the 200405 fiscal year total amount of federal funds apportioned pursuant to Schedule (1) in Item 6110-161-0890 of Section 2.00 of the Budget Act of 2004 for purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive, divided by the total average daily attendance computed for the 200405 fiscal year.
157157
158158 (2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.
159159
160160 (3) Add the amounts computed in paragraphs (1) and (2).
161161
162162 (d) Commencing with the 200607 fiscal year and continuing through the 201213 fiscal year, inclusive, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:
163163
164164 (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.
165165
166166 (2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made.
167167
168168 (3) Add the amounts computed in paragraphs (1) and (2).
169169
170170 (e) For the 201314 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:
171171
172172 (1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6110-161-0001 of Section 2.00 of the Budget Act of 2013, and excluding the amount of funding computed 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 201314 fiscal year.
173173
174174 (2) Total the number of units of average daily attendance reported for each special education local plan area for the 201213 fiscal year, exclusive of the units of average daily attendance computed 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.
175175
176176 (3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).
177177
178178 (f) For the 201415 fiscal year to the 201718 fiscal year, inclusive, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:
179179
180180 (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.
181181
182182 (2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 201415 fiscal year and each fiscal year thereafter.
183183
184184 (3) Add the amounts computed in paragraphs (1) and (2).
185185
186186 (g) For the 201819 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:
187187
188188 (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.
189189
190190 (2) Subtract the amount computed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 56836.24 for the 201718 fiscal year from the amount computed in paragraph (1).
191191
192192 (3) Multiply the amount computed in paragraph (2) by the inflation factor for the 201819 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.
193193
194194 (4) Add the amounts computed in paragraphs (2) and (3).
195195
196196 (h) Commencing with the 201920 fiscal year and continuing each fiscal year thereafter, 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 for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15:
197197
198198 (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section.
199199
200200 (2) Multiply the amount computed in paragraph (1) by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02.
201201
202202 (3) Add the amounts computed in paragraphs (1) and (2).
203203
204204 (i) Following each year in which an equalization appropriation is made pursuant to Section 56836.145, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.15, as follows:
205205
206206 (1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6100-161-0001 of Section 2.00 of the most recent Budget Act, and excluding the amount of funding computed 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 fiscal year in which the equalization appropriation has been made.
207207
208208 (2) Total the number of units of average daily attendance reported for each special education local plan area for the fiscal year preceding the equalization appropriation, exclusive of the units of average daily attendance computed 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.
209209
210210 (3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2).
211211
212212 SEC. 5. Section 56836.12 is added to the Education Code, to read:56836.12. (a) The high-cost service allowance is hereby established for the purpose of providing supplemental funding to a special education local plan area on the basis of the number of pupils who are severely disabled, as defined in Section 56030.5, and the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(b) For the 201920 fiscal year, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area:(1) From the December 2018 pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the 201920 fiscal year.(c) For the 202021 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area for the fiscal year in which the computation is made:(1) From the prior school years December pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the fiscal year in which the computation is made.
213213
214214 SEC. 5. Section 56836.12 is added to the Education Code, to read:
215215
216216 ### SEC. 5.
217217
218218 56836.12. (a) The high-cost service allowance is hereby established for the purpose of providing supplemental funding to a special education local plan area on the basis of the number of pupils who are severely disabled, as defined in Section 56030.5, and the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(b) For the 201920 fiscal year, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area:(1) From the December 2018 pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the 201920 fiscal year.(c) For the 202021 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area for the fiscal year in which the computation is made:(1) From the prior school years December pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the fiscal year in which the computation is made.
219219
220220 56836.12. (a) The high-cost service allowance is hereby established for the purpose of providing supplemental funding to a special education local plan area on the basis of the number of pupils who are severely disabled, as defined in Section 56030.5, and the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(b) For the 201920 fiscal year, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area:(1) From the December 2018 pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the 201920 fiscal year.(c) For the 202021 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area for the fiscal year in which the computation is made:(1) From the prior school years December pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the fiscal year in which the computation is made.
221221
222222 56836.12. (a) The high-cost service allowance is hereby established for the purpose of providing supplemental funding to a special education local plan area on the basis of the number of pupils who are severely disabled, as defined in Section 56030.5, and the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(b) For the 201920 fiscal year, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area:(1) From the December 2018 pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the 201920 fiscal year.(c) For the 202021 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area for the fiscal year in which the computation is made:(1) From the prior school years December pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.(2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the fiscal year in which the computation is made.
223223
224224
225225
226226 56836.12. (a) The high-cost service allowance is hereby established for the purpose of providing supplemental funding to a special education local plan area on the basis of the number of pupils who are severely disabled, as defined in Section 56030.5, and the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.
227227
228228 (b) For the 201920 fiscal year, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area:
229229
230230 (1) From the December 2018 pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.
231231
232232 (2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the 201920 fiscal year.
233233
234234 (c) For the 202021 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the high-cost service allowance for each special education local plan area for the fiscal year in which the computation is made:
235235
236236 (1) From the prior school years December pupil count, the number of pupils who are severely disabled as defined in Section 56030.5, plus the number of pupils with both deafness and blindness, traumatic brain injury, or multiple disabilities.
237237
238238 (2) Multiply the amount computed in paragraph (1) by the statewide target amount per unit of average daily attendance for the fiscal year in which the computation is made.
239239
240240 SEC. 6. Section 56836.145 of the Education Code is amended to read:56836.145. (a) For the 201314 fiscal year, Commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, and for each fiscal year thereafter in which an appropriation is made for purposes of this section, the Superintendent shall compute an equalization adjustment for each special education local plan area, exclusive of 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, so that the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 of a special education local plan area is not less than the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 that does not fall below more than 10 percent of the total statewide units of average daily attendance for each special education local plan area.(b) The Superintendent shall compute an equalization adjustment for each special education local plan areas special education funding rate per unit of average daily attendance, exclusive of 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, as follows:(1) Multiply the amount computed for each special education local plan area pursuant to subdivision (a) by the average daily attendance used to calculate the special education local plan areas special education funding for the 201314 fiscal year. fiscal year in which an appropriation is made for purposes of this section.(2) Divide the amount appropriated for purposes of this section for the 201314 fiscal year in which an appropriation is made by the statewide sum of the amount computed pursuant to paragraph (1).(3) Multiply the amount computed for the special education local plan area pursuant to subdivision (a) by the amount computed pursuant to paragraph (2).(c) For purposes of this section, the statewide 90th 95th percentile special education funding rate determined pursuant to subdivision (a), and the fraction computed pursuant to paragraph (2) of subdivision (b) for the 201213 second principal apportionment, apportionment of the fiscal year preceding any appropriation made for purposes of this section, shall be final, and shall not be recalculated at subsequent apportionments. The fraction computed pursuant to paragraph (2) of subdivision (b) shall not exceed 1.00.
241241
242242 SEC. 6. Section 56836.145 of the Education Code is amended to read:
243243
244244 ### SEC. 6.
245245
246246 56836.145. (a) For the 201314 fiscal year, Commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, and for each fiscal year thereafter in which an appropriation is made for purposes of this section, the Superintendent shall compute an equalization adjustment for each special education local plan area, exclusive of 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, so that the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 of a special education local plan area is not less than the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 that does not fall below more than 10 percent of the total statewide units of average daily attendance for each special education local plan area.(b) The Superintendent shall compute an equalization adjustment for each special education local plan areas special education funding rate per unit of average daily attendance, exclusive of 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, as follows:(1) Multiply the amount computed for each special education local plan area pursuant to subdivision (a) by the average daily attendance used to calculate the special education local plan areas special education funding for the 201314 fiscal year. fiscal year in which an appropriation is made for purposes of this section.(2) Divide the amount appropriated for purposes of this section for the 201314 fiscal year in which an appropriation is made by the statewide sum of the amount computed pursuant to paragraph (1).(3) Multiply the amount computed for the special education local plan area pursuant to subdivision (a) by the amount computed pursuant to paragraph (2).(c) For purposes of this section, the statewide 90th 95th percentile special education funding rate determined pursuant to subdivision (a), and the fraction computed pursuant to paragraph (2) of subdivision (b) for the 201213 second principal apportionment, apportionment of the fiscal year preceding any appropriation made for purposes of this section, shall be final, and shall not be recalculated at subsequent apportionments. The fraction computed pursuant to paragraph (2) of subdivision (b) shall not exceed 1.00.
247247
248248 56836.145. (a) For the 201314 fiscal year, Commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, and for each fiscal year thereafter in which an appropriation is made for purposes of this section, the Superintendent shall compute an equalization adjustment for each special education local plan area, exclusive of 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, so that the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 of a special education local plan area is not less than the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 that does not fall below more than 10 percent of the total statewide units of average daily attendance for each special education local plan area.(b) The Superintendent shall compute an equalization adjustment for each special education local plan areas special education funding rate per unit of average daily attendance, exclusive of 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, as follows:(1) Multiply the amount computed for each special education local plan area pursuant to subdivision (a) by the average daily attendance used to calculate the special education local plan areas special education funding for the 201314 fiscal year. fiscal year in which an appropriation is made for purposes of this section.(2) Divide the amount appropriated for purposes of this section for the 201314 fiscal year in which an appropriation is made by the statewide sum of the amount computed pursuant to paragraph (1).(3) Multiply the amount computed for the special education local plan area pursuant to subdivision (a) by the amount computed pursuant to paragraph (2).(c) For purposes of this section, the statewide 90th 95th percentile special education funding rate determined pursuant to subdivision (a), and the fraction computed pursuant to paragraph (2) of subdivision (b) for the 201213 second principal apportionment, apportionment of the fiscal year preceding any appropriation made for purposes of this section, shall be final, and shall not be recalculated at subsequent apportionments. The fraction computed pursuant to paragraph (2) of subdivision (b) shall not exceed 1.00.
249249
250250 56836.145. (a) For the 201314 fiscal year, Commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, and for each fiscal year thereafter in which an appropriation is made for purposes of this section, the Superintendent shall compute an equalization adjustment for each special education local plan area, exclusive of 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, so that the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 of a special education local plan area is not less than the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 that does not fall below more than 10 percent of the total statewide units of average daily attendance for each special education local plan area.(b) The Superintendent shall compute an equalization adjustment for each special education local plan areas special education funding rate per unit of average daily attendance, exclusive of 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, as follows:(1) Multiply the amount computed for each special education local plan area pursuant to subdivision (a) by the average daily attendance used to calculate the special education local plan areas special education funding for the 201314 fiscal year. fiscal year in which an appropriation is made for purposes of this section.(2) Divide the amount appropriated for purposes of this section for the 201314 fiscal year in which an appropriation is made by the statewide sum of the amount computed pursuant to paragraph (1).(3) Multiply the amount computed for the special education local plan area pursuant to subdivision (a) by the amount computed pursuant to paragraph (2).(c) For purposes of this section, the statewide 90th 95th percentile special education funding rate determined pursuant to subdivision (a), and the fraction computed pursuant to paragraph (2) of subdivision (b) for the 201213 second principal apportionment, apportionment of the fiscal year preceding any appropriation made for purposes of this section, shall be final, and shall not be recalculated at subsequent apportionments. The fraction computed pursuant to paragraph (2) of subdivision (b) shall not exceed 1.00.
251251
252252
253253
254254 56836.145. (a) For the 201314 fiscal year, Commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, and for each fiscal year thereafter in which an appropriation is made for purposes of this section, the Superintendent shall compute an equalization adjustment for each special education local plan area, exclusive of 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, so that the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 of a special education local plan area is not less than the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) (d) of Section 56836.10 that does not fall below more than 10 percent of the total statewide units of average daily attendance for each special education local plan area.
255255
256256 (b) The Superintendent shall compute an equalization adjustment for each special education local plan areas special education funding rate per unit of average daily attendance, exclusive of 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, as follows:
257257
258258 (1) Multiply the amount computed for each special education local plan area pursuant to subdivision (a) by the average daily attendance used to calculate the special education local plan areas special education funding for the 201314 fiscal year. fiscal year in which an appropriation is made for purposes of this section.
259259
260260 (2) Divide the amount appropriated for purposes of this section for the 201314 fiscal year in which an appropriation is made by the statewide sum of the amount computed pursuant to paragraph (1).
261261
262262 (3) Multiply the amount computed for the special education local plan area pursuant to subdivision (a) by the amount computed pursuant to paragraph (2).
263263
264264 (c) For purposes of this section, the statewide 90th 95th percentile special education funding rate determined pursuant to subdivision (a), and the fraction computed pursuant to paragraph (2) of subdivision (b) for the 201213 second principal apportionment, apportionment of the fiscal year preceding any appropriation made for purposes of this section, shall be final, and shall not be recalculated at subsequent apportionments. The fraction computed pursuant to paragraph (2) of subdivision (b) shall not exceed 1.00.
265265
266266 SEC. 7. Section 56836.146 is added to the Education Code, immediately following Section 56836.145, to read:56836.146. (a) In order to provide funding for preschool-aged children with exceptional needs, commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, a special education local plan area that reports serving children three or four years of age who meet the definition in Section 56026, except for a special education local plan area that, as of December 1, 2018, reported exclusively serving children three or four years of age in transitional kindergarten or kindergarten, shall, for purposes of calculating units of average daily attendance, count three times all units of average daily attendance generated by children enrolled in kindergarten less those children eligible for transitional kindergarten as defined in subdivision (d) of Section 48000.(b) Any growth in average daily attendance generated by the adjustment described in subdivision (a) shall be funded at the prevailing statewide target rate, as calculated by subdivision (h) of Section 56836.11.
267267
268268 SEC. 7. Section 56836.146 is added to the Education Code, immediately following Section 56836.145, to read:
269269
270270 ### SEC. 7.
271271
272272 56836.146. (a) In order to provide funding for preschool-aged children with exceptional needs, commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, a special education local plan area that reports serving children three or four years of age who meet the definition in Section 56026, except for a special education local plan area that, as of December 1, 2018, reported exclusively serving children three or four years of age in transitional kindergarten or kindergarten, shall, for purposes of calculating units of average daily attendance, count three times all units of average daily attendance generated by children enrolled in kindergarten less those children eligible for transitional kindergarten as defined in subdivision (d) of Section 48000.(b) Any growth in average daily attendance generated by the adjustment described in subdivision (a) shall be funded at the prevailing statewide target rate, as calculated by subdivision (h) of Section 56836.11.
273273
274274 56836.146. (a) In order to provide funding for preschool-aged children with exceptional needs, commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, a special education local plan area that reports serving children three or four years of age who meet the definition in Section 56026, except for a special education local plan area that, as of December 1, 2018, reported exclusively serving children three or four years of age in transitional kindergarten or kindergarten, shall, for purposes of calculating units of average daily attendance, count three times all units of average daily attendance generated by children enrolled in kindergarten less those children eligible for transitional kindergarten as defined in subdivision (d) of Section 48000.(b) Any growth in average daily attendance generated by the adjustment described in subdivision (a) shall be funded at the prevailing statewide target rate, as calculated by subdivision (h) of Section 56836.11.
275275
276276 56836.146. (a) In order to provide funding for preschool-aged children with exceptional needs, commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, a special education local plan area that reports serving children three or four years of age who meet the definition in Section 56026, except for a special education local plan area that, as of December 1, 2018, reported exclusively serving children three or four years of age in transitional kindergarten or kindergarten, shall, for purposes of calculating units of average daily attendance, count three times all units of average daily attendance generated by children enrolled in kindergarten less those children eligible for transitional kindergarten as defined in subdivision (d) of Section 48000.(b) Any growth in average daily attendance generated by the adjustment described in subdivision (a) shall be funded at the prevailing statewide target rate, as calculated by subdivision (h) of Section 56836.11.
277277
278278
279279
280280 56836.146. (a) In order to provide funding for preschool-aged children with exceptional needs, commencing with the first fiscal year after funds are apportioned pursuant to subdivision (g) of Section 42238.03, a special education local plan area that reports serving children three or four years of age who meet the definition in Section 56026, except for a special education local plan area that, as of December 1, 2018, reported exclusively serving children three or four years of age in transitional kindergarten or kindergarten, shall, for purposes of calculating units of average daily attendance, count three times all units of average daily attendance generated by children enrolled in kindergarten less those children eligible for transitional kindergarten as defined in subdivision (d) of Section 48000.
281281
282282 (b) Any growth in average daily attendance generated by the adjustment described in subdivision (a) shall be funded at the prevailing statewide target rate, as calculated by subdivision (h) of Section 56836.11.
283283
284284 SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
285285
286286 SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
287287
288288 SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
289289
290290 ### SEC. 8.