Special education local plan areas: apportionments: alternate assessments., the official text

An act to amend Section 56836.22 of the Education Code, relating to education finance.

LEGISLATIVE COUNSEL'S DIGEST

Existing law prescribes a calculation to annually apportion funding to special education local plan areas for each pupil with low-incidence disabilities, defined to include pupils with hearing impairments, vision impairments, and severe orthopedic impairments, or any combination thereof, in accordance with a per-pupil entitlement based on the number of pupils with low-incidence disabilities reported in the prior fiscal year. Existing law requires the Superintendent of Public Instruction to apportion these funds to special education local plan areas for purposes of providing special education and related services as required under the individualized education program for each pupil with low-incidence disabilities.
This bill would, contingent upon an appropriation for its purposes, (1) require the per-pupil entitlement to also be based on the number of pupils eligible to take specified alternative assessments and (2) require the Superintendent to apportion these funds to special education local plan areas for purposes of also providing special education and related services as required under the individualized education program for each pupil who is eligible to take those alternative assessments.

The people of the State of California do enact as follows:

SECTION 1.
Section 56836.22 of the Education Code is amended to read:
56836.22.
(a) Except as provided in subdivision (d), commencing with the 1985–86 fiscal year, and for each fiscal year thereafter, funds to support special education and related services as required under the individualized education program for each pupil with low-incidence disabilities, as defined in Section 56026.5, shall be determined by dividing the total number of pupils with low-incidence disabilities in the state, as reported in the California Longitudinal Pupil Achievement Data System pursuant to Chapter 10 (commencing with Section 60900) of Part 33 on the Fall 1 Census of the prior fiscal year, into the annual appropriation provided for this purpose in the annual Budget Act.
(b) (1) Except as provided in paragraph (2), the per-pupil entitlement determined pursuant to subdivision (a) shall be multiplied by the number of pupils with low-incidence disabilities in each special education local plan area to determine the total funds available for each local plan.
(2) If an appropriation is made as described in subdivision (d), the per-pupil entitlement determined pursuant to subdivision (d) shall be multiplied by the sum of the number of pupils with low-incidence disabilities and the number of pupils eligible to take the alternate assessments pursuant to Section 60640 in each special education local plan area to determine the total funds available for each local plan.
(c) (1) Except as provided in paragraph (2), the Superintendent shall apportion the amount determined pursuant to paragraph (1) of subdivision (b) to the special education local plan area for purposes of providing special education and related services as required under the individualized education program for each pupil with low-incidence disabilities.
(2) If an appropriation is made as described in subdivision (d), the Superintendent shall apportion the amount determined pursuant to paragraph (2) of subdivision (b) to the special education local plan area for purposes of providing special education and related services as required under the individualized education program for each pupil with low-incidence disabilities and each pupil eligible to take the alternate assessments pursuant to Section 60640.
(d) (1) Notwithstanding subdivision (a) and contingent upon an appropriation as described in paragraph (2), funding pursuant to this section shall instead be determined pursuant to the following calculation:
(A) Calculate the sum of the total number of pupils with low-incidence disabilities in the state, as reported in the California Longitudinal Pupil Achievement Data System pursuant to Chapter 10 (commencing with Section 60900) of Part 33 on the Fall 1 Census of the prior fiscal year, and the total number of pupils identified as eligible to take the alternate assessments pursuant to Section 60640.
(B) Divide the sum calculated pursuant to subparagraph (A) by the annual appropriation provided for purposes of this section in the annual Budget Act.
(2) Paragraph (1) shall only be operative upon an appropriation increasing funding above the level calculated pursuant to subdivision (a) and paragraph (1) of subdivision (b) for purposes of expanding eligibility for funding generated pursuant to this section to pupils who are eligible to take the alternate assessment pursuant to Section 60640.