BlackletterCalifornia law

CHAPTER 7.2. Special Education Funding [56836. - 56845.]

Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65.

§§ 56836–56845 · 49 sections

  1. ARTICLE 1. Administration §§ 56836–56836.05 · 7 sections
    • § 56836 Commencing with the 1998–99 fiscal year and for each fiscal year thereafter, apportionments to special education local plan areas for special education…
    • § 56836.01 Commencing with the 1998–99 fiscal year and each fiscal year thereafter, the administrator of each special education local plan area, in accordance with the…
    • § 56836.02 (a) The Superintendent shall apportion funds from Section A of the State School Fund to districts and county offices of education in accordance with the…
    • § 56836.03 (a) On or after January 1, 1998, each special education local plan area shall submit a revised local plan. Each special education local plan area shall submit…
    • § 56836.04 (a) The Superintendent continuously shall monitor and review all special education programs approved under this part to ensure that all funds appropriated to…
    • § 56836.045 For the 2022–23 fiscal year, the Superintendent shall only make the computations described in Sections 56836.14, 56836.142, 56836.144, 56836.146, 56836.148,…
    • § 56836.05 (a) Apportionments made under this part shall be made by the superintendent as early as practicable in the fiscal year. Upon order of the superintendent, the…
  2. ARTICLE 2. Computation of Apportionments §§ 56836.06–56836.13 · 9 sections
    • § 56836.06 (a) For purposes of this article, the following terms or phrases have the following meanings, unless the context clearly requires otherwise: (1) “Average daily… see note
    • § 56836.07 (a) For the 2004–05 fiscal year to the 2019–20 fiscal year, inclusive, to the extent there is an appropriation in the annual Budget Act for purposes of…
    • § 56836.08 (a) For the 1998–99 fiscal year, the Superintendent shall make the following computations to determine the amount of funding for each special education local… see note
    • § 56836.09 For the purpose of computing the amount to apportion to each special education local plan area for the 1998–99 fiscal year, the superintendent shall compute…
    • § 56836.095 For the 2001–02 fiscal year, the Superintendent shall make the following computations in the following order: (a) Complete the calculations required to adjust…
    • § 56836.10 (a) The Superintendent shall make the following computations to determine the amount of funding per unit of average daily attendance for each special education… see note
    • § 56836.11 (a) For the purpose of computing the equalization adjustment for special education local plan areas for the 1998–99 fiscal year, the Superintendent shall make… see note
    • § 56836.12 (a) For the 2013–14 fiscal year, the Superintendent shall compute an equalization adjustment for each special education local plan area, excluding the special…
    • § 56836.13 (a) In order to mitigate the effects of any declining enrollment, commencing in the 1998–99 fiscal year, and each fiscal year thereafter, the Superintendent… see note
  3. ARTICLE 2.2. Special Education Funding Formula §§ 56836.14–56836.15 · 6 sections
    • § 56836.14 Commencing with the 2020–21 fiscal year and for each fiscal year thereafter, the Superintendent shall annually calculate the special education funding formula…
    • § 56836.142 (a) For purposes of this article, the following terms and phrases have the following meanings: (1) “Average daily attendance reported for a special education…
    • § 56836.144 (a) For the 2020–21 and 2021–22 fiscal years, the Superintendent shall calculate allocations to special education local plan areas based on the average daily…
    • § 56836.146 (a) For the 2020–21 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local…
    • § 56836.148 (a) For the 2020–21 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by multiplying the amount…
    • § 56836.15 Notwithstanding any other law, for the 2020–21 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to…
  4. ARTICLE 2.5. Computation of Adjustment §§ 56836.156–56836.159 · 4 sections
    • § 56836.156 (a) The Superintendent of Public Instruction shall determine the statewide total average daily attendance used for the purposes of Section 56836.08 for the…
    • § 56836.157 (a) Commencing with the 2001–02 fiscal year to the 2010–11 fiscal year, inclusive, the amount of twenty-five million dollars ($25,000,000) shall be…
    • § 56836.158 (a) (1) The superintendent shall determine the statewide total average daily attendance used for the purposes of Section 56836.08 for the 2000–01 fiscal year.…
    • § 56836.159 (a) For the 2001–02 fiscal year, the Superintendent shall compute a permanent adjustment for each special education local plan area as determined by this…
  5. ARTICLE 3. Licensed Children’s Institutions §§ 56836.165–56836.18 · 5 sections
    • § 56836.165 (a) For the 2004–05 to 2020–21 fiscal years, inclusive, the Superintendent shall calculate for each special education local plan area an amount based on (1)…
    • § 56836.168 (a) For the 2021–22 fiscal year and each fiscal year thereafter, the Superintendent shall calculate for each special education local plan area an amount based…
    • § 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…
    • § 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…
    • § 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…
  6. ARTICLE 4. Nonpublic, Nonsectarian School Contracts §§ 56836.20–56836.21 · 2 sections
    • § 56836.20 (a) The cost of master contracts with nonpublic, nonsectarian schools and agencies that a special education local plan area enters into shall not include any…
    • § 56836.21 (a) The department shall administer an extraordinary cost pool to protect special education local plan areas from the extraordinary costs associated with…
  7. ARTICLE 5. Low Incidence Funding § 56836.22 · 1 section
    • § 56836.22 (a) 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…
  8. ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services §§ 56836.23–56836.31 · 5 sections
    • § 56836.23 Funds for regionalized operations and services and the direct instructional support of program specialists shall be apportioned to the special education local…
    • § 56836.24 (a) Commencing with the 2018–19 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount…
    • § 56836.25 Funds received pursuant to this article shall be expended for the purposes specified in Section 56836.23.
    • § 56836.29 If special education local plan areas reorganize, including by merger or division, the department shall adjust rates for payments to and from the resulting…
    • § 56836.31 (a) To accomplish the activities set forth in Section 56836.23, supplemental funds shall be apportioned to special education local plan areas that are…
  9. ARTICLE 6.5. Special Education Early Intervention Preschool Grant §§ 56836.39–56836.40 · 2 sections
    • § 56836.39 The Legislature finds and declares all of the following: (a) A quality education ensures that pupils receive appropriate interventions and services as needed…
    • § 56836.40 (a) For any fiscal year in which moneys are appropriated for purposes of this section, the Superintendent shall make the following computations to determine…
  10. ARTICLE 7. Federal Funding Allocations §§ 56837–56844 · 7 sections
    • § 56837 For each fiscal year for which federal funds under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 set seq.) are…
    • § 56838 In each fiscal year for which federal funds are received by the state pursuant to Section 1419 of Title 20 of the United States Code for individuals with…
    • § 56839 For purposes of Sections 56837 and 56838, the superintendent shall use the most recent population data, including data on children living in poverty, that are…
    • § 56840 The federal funding allocations for local entitlements in Sections 56837 and 56838 shall also apply to state agencies that were eligible to receive federal…
    • § 56841 (a) Federal funds available through Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and appropriated through…
    • § 56842 (a) A local educational agency may not use more than 15 percent of the amount the agency receives under Part B of the federal Individuals with Disabilities…
    • § 56844 In complying with paragraph (17), regarding the prohibition against supplantation of federal funds, and paragraph (18), regarding maintenance of state…
  11. ARTICLE 8. Withholding of Payments § 56845 · 1 section
    • § 56845 (a) The Superintendent may withhold, in whole or in part, state funds or federal funds allocated under the federal Individuals with Disabilities Education Act…