56836.165. (a) For the 2004-05 fiscal year and each fiscal year
thereafter, the Superintendent shall calculate for each special
education local plan area an amount based on (1) the number of
children and youth residing in foster family homes, small family
homes, and foster family agencies, (2) the licensed capacity of group
homes licensed by the State Department of Social Services, and (3)
the number of children and youth ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in skilled nursing facilities or intermediate care
facilities licensed by the State Department of Health Services and
the number of children and youth, ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in community care facilities licensed by the State
Department of Social Services.
(b) The department shall assign each facility described in
paragraphs (1), (2), and (3) of subdivision (a) a severity rating.
The severity ratings shall be on a scale from 1 to 14. Foster family
homes and small family homes shall be assigned a severity rating of
1. Foster family agencies shall be assigned a severity rating of 2.
Facilities described in paragraph (2) of subdivision (a) shall be
assigned the same severity rating as its State Department of Social
Services rate classification level. For facilities described in
paragraph (3) of subdivision (a), skilled nursing facilities shall be
assigned a severity rating of 14, intermediate care facilities shall
be assigned a severity rating of 11, and community care facilities
shall be assigned a severity rating of 8.
(c) (1) The department shall establish a "bed allowance" for each
severity level. For the 2004-05 fiscal year, the bed allowance shall
be calculated as described in paragraph (2). For the 2005-06 fiscal
year and each fiscal year thereafter, the department shall increase
the bed allowance by the inflation adjustment computed pursuant to
Section 42238.1. The department shall not establish a bed allowance
for any facility defined in paragraphs (2) and (3) of subdivision (a)
if it is not licensed by the State Department of Social Services or
the State Department of Health Services.
(2) (A) The bed allowance for severity level 1 shall be five
hundred two dollars ($502).
(B) The bed allowance for severity level 2 shall be six hundred
ten dollars ($610).
(C) The bed allowance for severity level 3 shall be one thousand
four hundred thirty-four dollars ($1,434).
(D) The bed allowance for severity level 4 shall be one thousand
six hundred forty-nine dollars ($1,649).
(E) The bed allowance for severity level 5 shall be one thousand
eight hundred sixty-five dollars ($1,865).
(F) The bed allowance for severity level 6 shall be two thousand
eighty dollars ($2,080).
(G) The bed allowance for severity level 7 shall be two thousand
two hundred ninety-five dollars ($2,295).
(H) The bed allowance for severity level 8 shall be two thousand
five hundred ten dollars ($2,510).
(I) The bed allowance for severity level 9 shall be five thousand
four hundred fifty-one dollars ($5,451).
(J) The bed allowance for severity level 10 shall be five thousand
eight hundred eighty-one dollars ($5,881).
(K) The bed allowance for severity level 11 shall be nine thousand
four hundred sixty-seven dollars ($9,467).
(L) The bed allowance for severity level 12 shall be thirteen
thousand four hundred eighty-three dollars ($13,483).
(M) The bed allowance for severity level 13 shall be fourteen
thousand three hundred forty-three dollars ($14,343).
(N) The bed allowance for severity level 14 shall be twenty
thousand eighty-one dollars ($20,081).
(d) (1) For each fiscal year, the department shall calculate an
out-of-home care funding amount for each special education local plan
area as the sum of amounts computed pursuant to paragraphs (2), (3),
and (4). The State Department of Social Services and the State
Department of Developmental Services shall provide the State
Department of Education with the residential counts identified in
paragraphs (2), (3), and (4).
(2) The number of children and youth residing on April 1 in foster
family homes, small family homes, and foster family agencies located
in each special education local plan area times the appropriate bed
allowance.
(3) The capacity on April 1 of each group home licensed by the
State Department of Social Services located in each special education
local plan area times the appropriate bed allowance.
(4) The number on April 1 of children and youth (A) ages 3 through
21 referred by the State Department of Developmental Services who
are residing in skilled nursing facilities and intermediate care
facilities licensed by the State Department of Health Services
located in each special education local plan area times the
appropriate bed allowance, and (B) ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in community care facilities licensed by the State
Department of Social Services located in each special education local
plan area times the appropriate bed allowance.
(e) In determining the amount of the first principal apportionment
for a fiscal year pursuant to Section 41332, the Superintendent
shall continue to apportion funds from Section A of the State School
Fund to each special education local plan area equal to the amount
apportioned at the advance apportionment pursuant to Section 41330
for that fiscal year.
56836.173. (a) For the fiscal years 2004-05 to 2006-07, inclusive,
the department shall apportion to each special education local plan
area the amount determined as follows:
(1) For the 2004-05 and 2005-06 fiscal years, the amount
apportioned shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area is less than or equal to the amount
a special education local plan area received pursuant to former
Sections 56836.16 and 56836.17 for the 2002-03 fiscal year, the
special education local plan area shall receive the same amount it
received for the 2002-03 fiscal year. For purposes of this section,
the amount of funding received by a special education local plan area
for the 2002-03 fiscal year shall be based on the annual
recertification of the 2002-03 fiscal year, as certified by the
department in July of 2004.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2002-03 fiscal year plus the
amount calculated in subparagraph (C).
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for the special education local plan area and the
amount received for the 2002-03 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2002-03 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(2) For the 2006-07 fiscal year, the amount apportioned shall be
as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2006-07 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2005-06 fiscal year, the special education local
plan area shall receive the same amount it received for the 2005-06
fiscal year less 20 percent of the difference between the amount
received for the 2005-06 fiscal year and the out-of-home care funding
amount computed for the 2006-07 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2005-06 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2005-06 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2005-06 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(b) (1) Commencing with the 2007-08 fiscal year, both of the
following shall apply:
(A) To the extent that funds are available pursuant to subclause
(II) of clause (i) of subparagraph (B) of paragraph (4) of
subdivision (d) of Section 97.2 of the Revenue and Taxation Code or
subclause (II) of clause (i) of subparagraph (B) of paragraph (4) of
subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or
both, not more than 50 percent of the amount determined in this
subdivision for the applicable fiscal year shall be apportioned by
the auditor of the county containing the applicable county
Educational Revenue Augmentation Fund to the special education local
plan area.
(B) The remaining 50 percent of the amount determined in this
subdivision for the applicable fiscal year, or more if the applicable
county Educational Revenue Augmentation Fund does not have
sufficient funds to cover the entire percentage pursuant to
subparagraph (A), shall be apportioned by the department to the
special education local plan area.
(2) For the 2007-08 fiscal year, the total amount apportioned to a
special education local plan area pursuant to the formula
established in paragraph (1) shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2007-08 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2006-07 fiscal year, the special education local
plan area shall receive the same amount it received for the 2006-07
fiscal year less 25 percent of the difference between the amount
received for the 2006-07 fiscal year and the out-of-home care funding
amount computed for the 2007-08 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2006-07 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2006-07 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2006-07 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(3) For the 2008-09 fiscal year, the total amount apportioned to a
special education local plan area pursuant to the formula
established in paragraph (1) shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2008-09 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2007-08 fiscal year, the special education local
plan area shall receive the same amount it received for the 2007-08
fiscal year less 33 percent of the difference between the amount
received for the 2007-08 fiscal year and the out-of-home care funding
amount computed for the 2008-09 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2007-08 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2007-08 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2007-08 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(4) For the 2009-10 fiscal year, the total amount apportioned to a
special education local plan area pursuant to the formula
established in paragraph (1) shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2009-10 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2008-09 fiscal year, the special education local
plan area shall receive the same amount it received for the 2008-09
fiscal year less 50 percent of the difference between the amount
received for the 2008-09 fiscal year and the out-of-home care funding
amount computed for the 2009-10 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2008-09 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2008-09 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2008-09 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(5) Beginning in the 2010-11 fiscal year, the total amount
apportioned to a special education local plan area pursuant to the
formula established in paragraph (1) shall be equal to the amount
calculated pursuant to Section 56836.165. If the sum of the amounts
calculated pursuant to Section 56836.165 for all special education
local plan areas exceeds the Budget Act appropriation for this
purpose, the department shall apply proportionate reductions to all
special education local plan areas.
(c) A county Educational Revenue Augmentation Fund shall not be
required to provide funding for special education programs funded
pursuant to this section based on clause (i) of subparagraph (B) of
paragraph (4) of subdivision (d) of Section 97.2 of the Revenue and
Taxation Code, or clause (i) of subparagraph (B) of paragraph (4) of
subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or
both, for a fiscal year prior to the 2007-08 fiscal year that it has
not already provided for these programs prior to the start of the
2007-08 fiscal year.
56836.175. For purposes of this article, a "skilled nursing
facility" shall have the same meaning as specified in Section 1250 of
the Health and Safety Code, and shall be under contract with the
State Department of Health Services to provide pediatric subacute
care.
56836.18. (a) The superintendent shall establish and maintain an
emergency fund for the purpose of providing relief to special
education local plan areas when a licensed children's institution,
foster family home, residential medical facility, or other similar
facility serving individuals with exceptional needs opens or expands
in a special education local plan area during the course of the
school year which impacts the special education local plan area, or
when a pupil is placed in a facility for which no public or
state-certified nonpublic program exists within the special education
local plan area in which the pupil's individualized education
program can be implemented during the course of the school year and
impacts the educational program.
(b) The special education local plan area in which the impaction
occurs shall be responsible for submitting a written request to the
superintendent for emergency funding. The written request shall
contain, at a minimum, all of the following:
(1) Specific information on the new or expanded licensed children'
s institution, foster family home, residential medical facility, or
other similar facility described in subdivision (a), including
information on the new unserved or underserved pupils residing in the
facility, or specific information relating to the new unserved or
underserved pupils residing in those facilities.
(2) The identification of the steps undertaken demonstrating that
no public special education program exists within the special
education local plan area capable of programmatically meeting the
needs of the identified pupils.
(3) A plan from the special education local plan area describing
the services to be provided.
(c) The superintendent shall approve, modify, or disapprove the
written request for emergency funding within 30 days of the receipt
of the written request and shall notify the special education local
plan area administrator, in writing, of the final decision.
(d) It is the intent of the Legislature that appropriations
necessary to fund these emergency situations shall be included in the
Budget Act for each fiscal year.
56836.165. (a) For the 2004-05 fiscal year and each fiscal year
thereafter, the Superintendent shall calculate for each special
education local plan area an amount based on (1) the number of
children and youth residing in foster family homes, small family
homes, and foster family agencies, (2) the licensed capacity of group
homes licensed by the State Department of Social Services, and (3)
the number of children and youth ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in skilled nursing facilities or intermediate care
facilities licensed by the State Department of Health Services and
the number of children and youth, ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in community care facilities licensed by the State
Department of Social Services.
(b) The department shall assign each facility described in
paragraphs (1), (2), and (3) of subdivision (a) a severity rating.
The severity ratings shall be on a scale from 1 to 14. Foster family
homes and small family homes shall be assigned a severity rating of
1. Foster family agencies shall be assigned a severity rating of 2.
Facilities described in paragraph (2) of subdivision (a) shall be
assigned the same severity rating as its State Department of Social
Services rate classification level. For facilities described in
paragraph (3) of subdivision (a), skilled nursing facilities shall be
assigned a severity rating of 14, intermediate care facilities shall
be assigned a severity rating of 11, and community care facilities
shall be assigned a severity rating of 8.
(c) (1) The department shall establish a "bed allowance" for each
severity level. For the 2004-05 fiscal year, the bed allowance shall
be calculated as described in paragraph (2). For the 2005-06 fiscal
year and each fiscal year thereafter, the department shall increase
the bed allowance by the inflation adjustment computed pursuant to
Section 42238.1. The department shall not establish a bed allowance
for any facility defined in paragraphs (2) and (3) of subdivision (a)
if it is not licensed by the State Department of Social Services or
the State Department of Health Services.
(2) (A) The bed allowance for severity level 1 shall be five
hundred two dollars ($502).
(B) The bed allowance for severity level 2 shall be six hundred
ten dollars ($610).
(C) The bed allowance for severity level 3 shall be one thousand
four hundred thirty-four dollars ($1,434).
(D) The bed allowance for severity level 4 shall be one thousand
six hundred forty-nine dollars ($1,649).
(E) The bed allowance for severity level 5 shall be one thousand
eight hundred sixty-five dollars ($1,865).
(F) The bed allowance for severity level 6 shall be two thousand
eighty dollars ($2,080).
(G) The bed allowance for severity level 7 shall be two thousand
two hundred ninety-five dollars ($2,295).
(H) The bed allowance for severity level 8 shall be two thousand
five hundred ten dollars ($2,510).
(I) The bed allowance for severity level 9 shall be five thousand
four hundred fifty-one dollars ($5,451).
(J) The bed allowance for severity level 10 shall be five thousand
eight hundred eighty-one dollars ($5,881).
(K) The bed allowance for severity level 11 shall be nine thousand
four hundred sixty-seven dollars ($9,467).
(L) The bed allowance for severity level 12 shall be thirteen
thousand four hundred eighty-three dollars ($13,483).
(M) The bed allowance for severity level 13 shall be fourteen
thousand three hundred forty-three dollars ($14,343).
(N) The bed allowance for severity level 14 shall be twenty
thousand eighty-one dollars ($20,081).
(d) (1) For each fiscal year, the department shall calculate an
out-of-home care funding amount for each special education local plan
area as the sum of amounts computed pursuant to paragraphs (2), (3),
and (4). The State Department of Social Services and the State
Department of Developmental Services shall provide the State
Department of Education with the residential counts identified in
paragraphs (2), (3), and (4).
(2) The number of children and youth residing on April 1 in foster
family homes, small family homes, and foster family agencies located
in each special education local plan area times the appropriate bed
allowance.
(3) The capacity on April 1 of each group home licensed by the
State Department of Social Services located in each special education
local plan area times the appropriate bed allowance.
(4) The number on April 1 of children and youth (A) ages 3 through
21 referred by the State Department of Developmental Services who
are residing in skilled nursing facilities and intermediate care
facilities licensed by the State Department of Health Services
located in each special education local plan area times the
appropriate bed allowance, and (B) ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in community care facilities licensed by the State
Department of Social Services located in each special education local
plan area times the appropriate bed allowance.
(e) In determining the amount of the first principal apportionment
for a fiscal year pursuant to Section 41332, the Superintendent
shall continue to apportion funds from Section A of the State School
Fund to each special education local plan area equal to the amount
apportioned at the advance apportionment pursuant to Section 41330
for that fiscal year.
56836.173. (a) For the fiscal years 2004-05 to 2006-07, inclusive,
the department shall apportion to each special education local plan
area the amount determined as follows:
(1) For the 2004-05 and 2005-06 fiscal years, the amount
apportioned shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area is less than or equal to the amount
a special education local plan area received pursuant to former
Sections 56836.16 and 56836.17 for the 2002-03 fiscal year, the
special education local plan area shall receive the same amount it
received for the 2002-03 fiscal year. For purposes of this section,
the amount of funding received by a special education local plan area
for the 2002-03 fiscal year shall be based on the annual
recertification of the 2002-03 fiscal year, as certified by the
department in July of 2004.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2002-03 fiscal year plus the
amount calculated in subparagraph (C).
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for the special education local plan area and the
amount received for the 2002-03 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2002-03 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(2) For the 2006-07 fiscal year, the amount apportioned shall be
as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2006-07 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2005-06 fiscal year, the special education local
plan area shall receive the same amount it received for the 2005-06
fiscal year less 20 percent of the difference between the amount
received for the 2005-06 fiscal year and the out-of-home care funding
amount computed for the 2006-07 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2005-06 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2005-06 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2005-06 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(b) (1) Commencing with the 2007-08 fiscal year, both of the
following shall apply:
(A) To the extent that funds are available pursuant to subclause
(II) of clause (i) of subparagraph (B) of paragraph (4) of
subdivision (d) of Section 97.2 of the Revenue and Taxation Code or
subclause (II) of clause (i) of subparagraph (B) of paragraph (4) of
subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or
both, not more than 50 percent of the amount determined in this
subdivision for the applicable fiscal year shall be apportioned by
the auditor of the county containing the applicable county
Educational Revenue Augmentation Fund to the special education local
plan area.
(B) The remaining 50 percent of the amount determined in this
subdivision for the applicable fiscal year, or more if the applicable
county Educational Revenue Augmentation Fund does not have
sufficient funds to cover the entire percentage pursuant to
subparagraph (A), shall be apportioned by the department to the
special education local plan area.
(2) For the 2007-08 fiscal year, the total amount apportioned to a
special education local plan area pursuant to the formula
established in paragraph (1) shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2007-08 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2006-07 fiscal year, the special education local
plan area shall receive the same amount it received for the 2006-07
fiscal year less 25 percent of the difference between the amount
received for the 2006-07 fiscal year and the out-of-home care funding
amount computed for the 2007-08 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2006-07 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2006-07 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2006-07 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(3) For the 2008-09 fiscal year, the total amount apportioned to a
special education local plan area pursuant to the formula
established in paragraph (1) shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2008-09 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2007-08 fiscal year, the special education local
plan area shall receive the same amount it received for the 2007-08
fiscal year less 33 percent of the difference between the amount
received for the 2007-08 fiscal year and the out-of-home care funding
amount computed for the 2008-09 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2007-08 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2007-08 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2007-08 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(4) For the 2009-10 fiscal year, the total amount apportioned to a
special education local plan area pursuant to the formula
established in paragraph (1) shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2009-10 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2008-09 fiscal year, the special education local
plan area shall receive the same amount it received for the 2008-09
fiscal year less 50 percent of the difference between the amount
received for the 2008-09 fiscal year and the out-of-home care funding
amount computed for the 2009-10 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2008-09 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2008-09 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2008-09 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(5) Beginning in the 2010-11 fiscal year, the total amount
apportioned to a special education local plan area pursuant to the
formula established in paragraph (1) shall be equal to the amount
calculated pursuant to Section 56836.165. If the sum of the amounts
calculated pursuant to Section 56836.165 for all special education
local plan areas exceeds the Budget Act appropriation for this
purpose, the department shall apply proportionate reductions to all
special education local plan areas.
(c) A county Educational Revenue Augmentation Fund shall not be
required to provide funding for special education programs funded
pursuant to this section based on clause (i) of subparagraph (B) of
paragraph (4) of subdivision (d) of Section 97.2 of the Revenue and
Taxation Code, or clause (i) of subparagraph (B) of paragraph (4) of
subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or
both, for a fiscal year prior to the 2007-08 fiscal year that it has
not already provided for these programs prior to the start of the
2007-08 fiscal year.
56836.175. For purposes of this article, a "skilled nursing
facility" shall have the same meaning as specified in Section 1250 of
the Health and Safety Code, and shall be under contract with the
State Department of Health Services to provide pediatric subacute
care.
56836.18. (a) The superintendent shall establish and maintain an
emergency fund for the purpose of providing relief to special
education local plan areas when a licensed children's institution,
foster family home, residential medical facility, or other similar
facility serving individuals with exceptional needs opens or expands
in a special education local plan area during the course of the
school year which impacts the special education local plan area, or
when a pupil is placed in a facility for which no public or
state-certified nonpublic program exists within the special education
local plan area in which the pupil's individualized education
program can be implemented during the course of the school year and
impacts the educational program.
(b) The special education local plan area in which the impaction
occurs shall be responsible for submitting a written request to the
superintendent for emergency funding. The written request shall
contain, at a minimum, all of the following:
(1) Specific information on the new or expanded licensed children'
s institution, foster family home, residential medical facility, or
other similar facility described in subdivision (a), including
information on the new unserved or underserved pupils residing in the
facility, or specific information relating to the new unserved or
underserved pupils residing in those facilities.
(2) The identification of the steps undertaken demonstrating that
no public special education program exists within the special
education local plan area capable of programmatically meeting the
needs of the identified pupils.
(3) A plan from the special education local plan area describing
the services to be provided.
(c) The superintendent shall approve, modify, or disapprove the
written request for emergency funding within 30 days of the receipt
of the written request and shall notify the special education local
plan area administrator, in writing, of the final decision.
(d) It is the intent of the Legislature that appropriations
necessary to fund these emergency situations shall be included in the
Budget Act for each fiscal year.
56836.165. (a) For the 2004-05 fiscal year and each fiscal year
thereafter, the Superintendent shall calculate for each special
education local plan area an amount based on (1) the number of
children and youth residing in foster family homes, small family
homes, and foster family agencies, (2) the licensed capacity of group
homes licensed by the State Department of Social Services, and (3)
the number of children and youth ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in skilled nursing facilities or intermediate care
facilities licensed by the State Department of Health Services and
the number of children and youth, ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in community care facilities licensed by the State
Department of Social Services.
(b) The department shall assign each facility described in
paragraphs (1), (2), and (3) of subdivision (a) a severity rating.
The severity ratings shall be on a scale from 1 to 14. Foster family
homes and small family homes shall be assigned a severity rating of
1. Foster family agencies shall be assigned a severity rating of 2.
Facilities described in paragraph (2) of subdivision (a) shall be
assigned the same severity rating as its State Department of Social
Services rate classification level. For facilities described in
paragraph (3) of subdivision (a), skilled nursing facilities shall be
assigned a severity rating of 14, intermediate care facilities shall
be assigned a severity rating of 11, and community care facilities
shall be assigned a severity rating of 8.
(c) (1) The department shall establish a "bed allowance" for each
severity level. For the 2004-05 fiscal year, the bed allowance shall
be calculated as described in paragraph (2). For the 2005-06 fiscal
year and each fiscal year thereafter, the department shall increase
the bed allowance by the inflation adjustment computed pursuant to
Section 42238.1. The department shall not establish a bed allowance
for any facility defined in paragraphs (2) and (3) of subdivision (a)
if it is not licensed by the State Department of Social Services or
the State Department of Health Services.
(2) (A) The bed allowance for severity level 1 shall be five
hundred two dollars ($502).
(B) The bed allowance for severity level 2 shall be six hundred
ten dollars ($610).
(C) The bed allowance for severity level 3 shall be one thousand
four hundred thirty-four dollars ($1,434).
(D) The bed allowance for severity level 4 shall be one thousand
six hundred forty-nine dollars ($1,649).
(E) The bed allowance for severity level 5 shall be one thousand
eight hundred sixty-five dollars ($1,865).
(F) The bed allowance for severity level 6 shall be two thousand
eighty dollars ($2,080).
(G) The bed allowance for severity level 7 shall be two thousand
two hundred ninety-five dollars ($2,295).
(H) The bed allowance for severity level 8 shall be two thousand
five hundred ten dollars ($2,510).
(I) The bed allowance for severity level 9 shall be five thousand
four hundred fifty-one dollars ($5,451).
(J) The bed allowance for severity level 10 shall be five thousand
eight hundred eighty-one dollars ($5,881).
(K) The bed allowance for severity level 11 shall be nine thousand
four hundred sixty-seven dollars ($9,467).
(L) The bed allowance for severity level 12 shall be thirteen
thousand four hundred eighty-three dollars ($13,483).
(M) The bed allowance for severity level 13 shall be fourteen
thousand three hundred forty-three dollars ($14,343).
(N) The bed allowance for severity level 14 shall be twenty
thousand eighty-one dollars ($20,081).
(d) (1) For each fiscal year, the department shall calculate an
out-of-home care funding amount for each special education local plan
area as the sum of amounts computed pursuant to paragraphs (2), (3),
and (4). The State Department of Social Services and the State
Department of Developmental Services shall provide the State
Department of Education with the residential counts identified in
paragraphs (2), (3), and (4).
(2) The number of children and youth residing on April 1 in foster
family homes, small family homes, and foster family agencies located
in each special education local plan area times the appropriate bed
allowance.
(3) The capacity on April 1 of each group home licensed by the
State Department of Social Services located in each special education
local plan area times the appropriate bed allowance.
(4) The number on April 1 of children and youth (A) ages 3 through
21 referred by the State Department of Developmental Services who
are residing in skilled nursing facilities and intermediate care
facilities licensed by the State Department of Health Services
located in each special education local plan area times the
appropriate bed allowance, and (B) ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in community care facilities licensed by the State
Department of Social Services located in each special education local
plan area times the appropriate bed allowance.
(e) In determining the amount of the first principal apportionment
for a fiscal year pursuant to Section 41332, the Superintendent
shall continue to apportion funds from Section A of the State School
Fund to each special education local plan area equal to the amount
apportioned at the advance apportionment pursuant to Section 41330
for that fiscal year.
56836.173. (a) For the fiscal years 2004-05 to 2006-07, inclusive,
the department shall apportion to each special education local plan
area the amount determined as follows:
(1) For the 2004-05 and 2005-06 fiscal years, the amount
apportioned shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area is less than or equal to the amount
a special education local plan area received pursuant to former
Sections 56836.16 and 56836.17 for the 2002-03 fiscal year, the
special education local plan area shall receive the same amount it
received for the 2002-03 fiscal year. For purposes of this section,
the amount of funding received by a special education local plan area
for the 2002-03 fiscal year shall be based on the annual
recertification of the 2002-03 fiscal year, as certified by the
department in July of 2004.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2002-03 fiscal year plus the
amount calculated in subparagraph (C).
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for the special education local plan area and the
amount received for the 2002-03 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2002-03 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(2) For the 2006-07 fiscal year, the amount apportioned shall be
as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2006-07 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2005-06 fiscal year, the special education local
plan area shall receive the same amount it received for the 2005-06
fiscal year less 20 percent of the difference between the amount
received for the 2005-06 fiscal year and the out-of-home care funding
amount computed for the 2006-07 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2005-06 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2005-06 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2005-06 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(b) (1) Commencing with the 2007-08 fiscal year, both of the
following shall apply:
(A) To the extent that funds are available pursuant to subclause
(II) of clause (i) of subparagraph (B) of paragraph (4) of
subdivision (d) of Section 97.2 of the Revenue and Taxation Code or
subclause (II) of clause (i) of subparagraph (B) of paragraph (4) of
subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or
both, not more than 50 percent of the amount determined in this
subdivision for the applicable fiscal year shall be apportioned by
the auditor of the county containing the applicable county
Educational Revenue Augmentation Fund to the special education local
plan area.
(B) The remaining 50 percent of the amount determined in this
subdivision for the applicable fiscal year, or more if the applicable
county Educational Revenue Augmentation Fund does not have
sufficient funds to cover the entire percentage pursuant to
subparagraph (A), shall be apportioned by the department to the
special education local plan area.
(2) For the 2007-08 fiscal year, the total amount apportioned to a
special education local plan area pursuant to the formula
established in paragraph (1) shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2007-08 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2006-07 fiscal year, the special education local
plan area shall receive the same amount it received for the 2006-07
fiscal year less 25 percent of the difference between the amount
received for the 2006-07 fiscal year and the out-of-home care funding
amount computed for the 2007-08 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2006-07 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2006-07 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2006-07 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(3) For the 2008-09 fiscal year, the total amount apportioned to a
special education local plan area pursuant to the formula
established in paragraph (1) shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2008-09 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2007-08 fiscal year, the special education local
plan area shall receive the same amount it received for the 2007-08
fiscal year less 33 percent of the difference between the amount
received for the 2007-08 fiscal year and the out-of-home care funding
amount computed for the 2008-09 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2007-08 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2007-08 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2007-08 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(4) For the 2009-10 fiscal year, the total amount apportioned to a
special education local plan area pursuant to the formula
established in paragraph (1) shall be as follows:
(A) If the out-of-home care funding amount calculated for a
special education local plan area for the 2009-10 fiscal year is less
than or equal to the amount a special education local plan area
received for the 2008-09 fiscal year, the special education local
plan area shall receive the same amount it received for the 2008-09
fiscal year less 50 percent of the difference between the amount
received for the 2008-09 fiscal year and the out-of-home care funding
amount computed for the 2009-10 fiscal year.
(B) For special education local plan areas other than those funded
through subparagraph (A), special education local plan areas shall
receive the amount received for the 2008-09 fiscal year.
(C) For special education local plan areas other than those funded
through subparagraph (A), each special education local plan area
shall also receive the difference between the out-of-home care
funding amount for that special education local plan area and the
amount received for the 2008-09 fiscal year for that special
education local plan area divided by the sum of the difference
between the out-of-home care funding amount and the amount received
in the 2008-09 fiscal year for all special education local plan areas
times the amount of funds provided for Section 56836.165 in the
annual Budget Act that has not been allocated in subparagraph (A) or
(B).
(5) Beginning in the 2010-11 fiscal year, the total amount
apportioned to a special education local plan area pursuant to the
formula established in paragraph (1) shall be equal to the amount
calculated pursuant to Section 56836.165. If the sum of the amounts
calculated pursuant to Section 56836.165 for all special education
local plan areas exceeds the Budget Act appropriation for this
purpose, the department shall apply proportionate reductions to all
special education local plan areas.
(c) A county Educational Revenue Augmentation Fund shall not be
required to provide funding for special education programs funded
pursuant to this section based on clause (i) of subparagraph (B) of
paragraph (4) of subdivision (d) of Section 97.2 of the Revenue and
Taxation Code, or clause (i) of subparagraph (B) of paragraph (4) of
subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or
both, for a fiscal year prior to the 2007-08 fiscal year that it has
not already provided for these programs prior to the start of the
2007-08 fiscal year.
56836.175. For purposes of this article, a "skilled nursing
facility" shall have the same meaning as specified in Section 1250 of
the Health and Safety Code, and shall be under contract with the
State Department of Health Services to provide pediatric subacute
care.
56836.18. (a) The superintendent shall establish and maintain an
emergency fund for the purpose of providing relief to special
education local plan areas when a licensed children's institution,
foster family home, residential medical facility, or other similar
facility serving individuals with exceptional needs opens or expands
in a special education local plan area during the course of the
school year which impacts the special education local plan area, or
when a pupil is placed in a facility for which no public or
state-certified nonpublic program exists within the special education
local plan area in which the pupil's individualized education
program can be implemented during the course of the school year and
impacts the educational program.
(b) The special education local plan area in which the impaction
occurs shall be responsible for submitting a written request to the
superintendent for emergency funding. The written request shall
contain, at a minimum, all of the following:
(1) Specific information on the new or expanded licensed children'
s institution, foster family home, residential medical facility, or
other similar facility described in subdivision (a), including
information on the new unserved or underserved pupils residing in the
facility, or specific information relating to the new unserved or
underserved pupils residing in those facilities.
(2) The identification of the steps undertaken demonstrating that
no public special education program exists within the special
education local plan area capable of programmatically meeting the
needs of the identified pupils.
(3) A plan from the special education local plan area describing
the services to be provided.
(c) The superintendent shall approve, modify, or disapprove the
written request for emergency funding within 30 days of the receipt
of the written request and shall notify the special education local
plan area administrator, in writing, of the final decision.
(d) It is the intent of the Legislature that appropriations
necessary to fund these emergency situations shall be included in the
Budget Act for each fiscal year.
