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Budget Act of 2013-14

Special Education and Related Budget Items, Assembly Bill 110 (Chapter 20, Statutes of 2013) Approved by the Governor on June 27, 2013.

The 2013-14 State budget provides $3,171,317,000 from the General Fund and $1,226,194,000 from the Federal Individuals with Disabilities Education Act (IDEA) funds for special education programs for individuals with exceptional needs. The Governor reduced Proposition 98 funds for special education by $30,000,000 because: “The proposed equalization of special education funding, when phased in, would have ongoing costs of $300 million. This would reduce available resources to pay off deferrals and to implement the flexible Local Control Funding Formula.” The budget includes several consolidations for various special education programs in an effort to simplify special education finance and provide Special Education Local Plan Areas (SELPAs) with additional funding flexibility. The budget includes a 1.57 percent cost-of-living adjustment (COLA) for special education.

State Proposition 98 Funds for Special Education

6110-161-0001--For local assistance, Department of Education (Proposition 98), Program 10.60-Special Education Programs for Exceptional Children: $3,171,317,000

Schedule:

(1) 10.60.050.003-Special Education Instruction: $3,098,351,000
(2) 10.60.050.080-Early Education Program for Individuals with Exceptional Needs: $87,361,000
(3) Reimbursements for Early Education Program, Part C: $-14,395,000

Provisions:

  1. Funds appropriated in this item are for transfer by the Controller to Section A of the State School Fund, in lieu of the amount that otherwise would be appropriated for transfer from the General Fund in the State Treasury to Section A of the State School Fund for the 2013-14 fiscal year pursuant to Sections 14002 and 41301 of the Education Code, for apportionment pursuant to Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code, superseding all prior law.
  2. Of the funds appropriated in Schedule (1), up to $17,226,000, shall be available to provide special education and related services to students with low-incidence disabilities pursuant to their individualized education program. Special education local plan areas (SELPAs) shall use up to $2,100,000 of these funds for career technical education or services for students with low-incidence disabilities. The Superintendent of Public Instruction shall allocate funds to special education local plan areas on an equal per-pupil rate using the methodology specified in Section 56836.22 of the Education Code.
  3. Of the funds appropriated in Schedule (1), up to $39,735,000 shall be available for the purposes of vocational training and job placement for special education pupils through Project Workability I pursuant to Article 3 (commencing with Section 56470) of Chapter 4.5 of Part 30 of Division 4 of Title 2 of the Education Code. As a condition of receiving these funds, each local educational agency shall certify that the amount of nonfederal resources, exclusive of funds received pursuant to this provision, devoted to the provision of vocational education for special education pupils shall be maintained at or above the level provided in the 1984-85 fiscal year. The Superintendent of Public Instruction may waive this requirement for local educational agencies that demonstrate that the requirement would impose a severe hardship.
  4. Of the funds appropriated in Schedule (1), up to $157,826,000 is available to fund the costs of children placed in licensed children’s institutions who attend nonpublic schools based on the funding formula authorized in Chapter 914 of the Statutes of 2004.
  5. Funds available for infant units shall be allocated with the following average number of pupils per unit:
    (a) For special classes and centers--16.
    (b) For resource specialist programs--24.
    (c) For designated instructional services--16.
  6. Notwithstanding any other provision of law, early education programs for infants and toddlers shall be offered for 200 days. Funds appropriated in Schedule (2) shall be allocated by the State Department of Education for the 2013-14 fiscal year to those programs receiving allocations for instructional units pursuant to Section 56432 of the Education Code for the Early Education Program for Individuals with Exceptional Needs operated pursuant to Chapter 4.4 (commencing with Section 56425) of Part 30 of Division 4 of Title 2 of the Education Code, based on computing 200-day entitlements.
  7. Notwithstanding any other provision of law, state funds appropriated in Schedule (2) in excess of the amount necessary to fund the deficited entitlements pursuant to Section 56432 of the Education Code shall be available for allocation by the State Department of Education to local educational agencies for the operation of programs serving solely low-incidence infants and toddlers pursuant to Title 14 (commencing with Section 95000) of the Government Code. These funds shall be allocated to each local educational agency for each solely low-incidence child through age two in excess of the number of solely low-incidence children through age two served by the local educational agency during the 1992-93 fiscal year and reported on the April 1993 pupil count. These funds shall only be allocated if the amount of reimbursement received from the State Department of Developmental Services is insufficient to fully fund the costs of operating the Early Intervention Program, as authorized by Title 14 (commencing with Section 95000) of the Government Code.
  8. Funds appropriated in this item, unless otherwise specified, are available for the sole purpose of funding 2013-14 fiscal year special education program costs and shall not be used to fund any prior year adjustments, claims, or costs.
  9. Of the amount provided in Schedule (1), up to $192,000 shall be available to fully fund the declining enrollment of necessary small special education local plan areas pursuant to Chapter 551 of the Statutes of 2001.
  10. Pursuant to Section 56427 of the Education Code, of the funds appropriated in Schedule (1), up to $2,324,000 may be used to provide funding for infant programs, and may be used for those programs that do not qualify for funding pursuant to Section 56432 of the Education Code.
  11. Of the funds appropriated in Schedule (1), up to $1,317,000 shall be used for a personnel development program. This program shall include state-sponsored staff development for special education personnel to have the necessary content knowledge and skills to serve children with disabilities. This funding may include training and services targeting special education teachers and related service personnel that teach core academic or multiple subjects to meet the applicable special education requirements of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
  12. Of the amount appropriated in this item, up to $1,480,000 is available for the state’s share of costs in the settlement of Emma C. v. Delaine Eastin, et al. (N.D. Cal. No. C96-4179TEH). The State Department of Education shall report by January 1, 2014, to the fiscal committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst’s Office on the planned use of the additional special education funds provided to the Ravenswood Elementary School District pursuant to this settlement. The report shall also provide the State Department of Education’s best estimate of when this supplemental funding will no longer be required by the court. The State Department of Education shall comply with the requirements of Section 948 of the Government Code in any further request for funds to satisfy this settlement.
  13. Notwithstanding any other provision of law, state funds appropriated in Schedule (1) in excess of the amount necessary to fund the defined entitlement shall be to fulfill other shortages in entitlements budgeted in this schedule by the State Department of Education, upon Department of Finance approval, to any program funded under Schedule (1).
  14. Of the amount specified in Schedule (1), $354,340,000 shall be available only to provide educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and as described in Section 56363 of the Education Code. The Superintendent of Public Instruction shall allocate these funds to special education local plan areas in the 2013-14 fiscal year based upon an equal rate per pupil using the methodology specified in Section 56836.07 of the Education Code.
  15. The funds appropriated in this item reflect an adjustment to the base funding of 0.203 percent for the annual adjustment in statewide average daily attendance.
  16. Of the amount provided in Schedule (1), $55,971,000 is to reflect a cost-of-living adjustment.
  17. Of the amount provided in Schedule (2), $1,342,000 is to reflect a cost-of-living adjustment.
  18. Of the funds appropriated in Schedule (1), up to $6,000,000 is available for extraordinary costs associated with single placements. Special education local plan areas are eligible to submit claims for costs exceeding the threshold calculated pursuant to subdivision (b) of Section 56836.21 of the Education Code, on forms developed by the State Department of Education pursuant to subdivision (c) of Section 56836.21 of the Education Code.
    (a) Up to $3,000,000 shall first be allocated in reimbursements for extraordinary costs associated with educationally related mental health services, including out-of-home residential services for necessary small special education local plan areas, as defined in Section 56212 of the Education Code.
    (b) Any funds not used for extraordinary costs pursuant to subdivision (a) shall be available for extraordinary costs associated with placements in nonpublic, nonsectarian schools, pursuant to Section 56836.21 of the Education Code. These funds shall also provide reimbursement for costs associated with pupils residing in licensed children’s institutions.
  19. Of the amount specified in Schedule (1), the amount equal to that which was received by each SELPA in fiscal year 2012-13 for program specialists and regionalized services, excluding the supplemental amount provided to small
    SELPAs containing fewer than 15,000 average daily attendance, and the personnel development grant in the amount of $2,500,000 shall be added to each SELPA’s base funding in the 2013-14 fiscal year, as determined pursuant to Section 56836.10 of the Education Code.
  20. Of the amount specified in Schedule (1), up to $2,749,000, shall be available for small SELPAs to conduct regionalized services, pursuant to Section 56836.31 of the Education Code.
  21. Of the funds appropriated in Schedule (1), $2,066,000 or an amount otherwise determined by the Department of Finance dependent on the federal grant amount received by the State Department of Education, shall be allocated in the 2013-14 fiscal year based on the federal Individuals with Disabilities Education Act allocation formula pursuant to Section 56838 of the Education Code to backfill the sequester reduction for preschool grants pursuant to Section 1419 of Title 20 of the United States Code.
Federal Funds for Special Education

6110-161-0890--For local assistance, Department of Education, payable from the Federal Trust Fund, Program 10.60--Special Education Programs for Exceptional Children: $1,226,194,000

Schedule:

(1) 10.60.050.012-Local Agency Entitlements, IDEA Special Education: $1,037,351,000
(2) 10.60.050.013-State Agency Entitlements, IDEA Special Education: $1,673,000
(3) 10.60.050.015-IDEA, Local Entitlements, Preschool Program: $66,364,000
(4) 10.60.050.021-IDEA, State Level Activities: $79,445,000
(5) 10.60.050.030-P.L. 99-457, Preschool Grant Program: $35,814,000
(6) 10.60.050.031-IDEA, State Improvement Grant, Special Education: $2,510,000
(7) 10.60.050.032-IDEA, Family Empowerment Centers: $2,937,000
(8) 20.80.002-Supplemental Grants: Newborn Hearing Grant: $100,000

Provisions:

  1. The funds appropriated in Schedule (2) shall be distributed to state-operated programs serving disabled children from 3 to 21 years of age, inclusive. In accordance with federal law, the funds appropriated in Schedules (1) and (2) shall be distributed to local and state agencies on the basis of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) permanent formula.
  2. Of the funds appropriated in Schedule (4), up to $300,000 shall be used to develop and test procedures, materials, and training for alternative dispute resolution in special education.
  3. Of the funds appropriated by Schedule (5) for the Preschool Grant Program, $1,228,000 shall be used for in-service training and shall include a parent training component and may, in addition, include a staff training program. These funds may be used to provide training in alternative dispute resolution and the local mediation of disputes. This program shall include state-sponsored and local components.
  4. Of the funds appropriated in this item, $1,420,000 is available for local assistance grants to monitor local educational agency compliance with state and federal laws and regulations governing special education. This funding level is to be used to continue the facilitated reviews and, to the extent consistent with State Performance Plan/Annual Performance Report Indicators developed by the State Department of Education, these activities shall focus on local educational agencies identified by the United States Department of Education’s Office of Special Education Programs.
  5. The funds appropriated in Schedule (7) shall be used for the purposes of Family Empowerment Centers on Disability pursuant to Chapter 690 of the Statutes of 2001.
  6. Notwithstanding the notification requirements listed in subdivision (d) of Section 26.00, the Department of Finance is authorized to approve intraschedule transfers of funds within this item submitted by the State Department of Education for the purposes of ensuring that special education funding provided in this item is appropriated in accordance with the statutory funding formula required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the special education funding formula required pursuant to Chapter 7.2 (commencing with Section 56836) of Part 30 of Division 4 of Title 2 of the Education Code, without waiting 30 days, but shall provide a notice to the Legislature each time a transfer occurs.
  7. Of the funds appropriated in Schedule (4), $69,000,000 shall be available only for the purpose of providing educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and as described in Section 56363 of the Education Code. The Superintendent of Public Instruction shall allocate these funds to special education local plan areas in the 2013-14 fiscal year based upon an equal rate per pupil using the methodology specified in Section 56836.07 of the Education Code.
  8. Of the funds appropriated in Schedule (6), $2,510,000 is provided for scientifically based professional development as part of the State Personnel Development grant.
  9. Of the funds appropriated in Schedule (4), up to $3,894,000 shall be available for transfer to the state special schools for student transportation allowances.
  10. Of the funds appropriated in Schedule (1), $2,109,000 in one-time federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) carryover funds shall be available to support the existing program and to mitigate the impact of the sequester reduction to grants for local educational agencies.
  11. Of the funds appropriated in Schedule (4), $1,800,000 in federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) carryover funds shall be available for transfer to backfill a General Fund reduction to state special schools on a one-time basis.
  12. Of the funds appropriated in Schedule (5), $374,000 in one-time federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) carryover funds shall be available to support the existing program and to mitigate the impact of the sequester reduction to the Preschool Grant Program.
  13. Of the funds appropriated in Schedule (6), $320,000 in one-time federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) carryover funds shall be available to support the State Personnel Development Grant.
State Special Schools

6110-005-0001--For support of Department of Education, as allocated by the Department of Education to the State Special Schools, Program 10.60.040: $34,040,000

Schedule:

(1) 10.60.040 – Instruction: $41,554,000
(a) 10.60.040.001 - School for the Blind, Fremont: $6,514,000
(b) 10.60.040.002 - School for the Deaf, Fremont: $20,104,000
(c) 10.60.040.003 - School for the Deaf, Riverside: $16,736,000
(d) 97.20.001 – Unallocated Reduction: $-1.800,000
(1.5) 97.20.002-Unallocated: $1,800,000
(2) Reimbursements: $-9,314,000

State Proposition 98 Funds for State Special Schools and Centers

6110-006-0001--For support of Department of Education (Proposition 98), as allocated by the Department of Education to the State Special Schools: $49,430,000

Schedule:

(1) 10.60.040 - Instruction, State Special Schools: $52,252,000
(a) 10.60.040.001 - School for the Blind, Fremont: $6,678,000
(b) 10.60.040.002 - School for the Deaf, Fremont: $17,307,000
(c) 10.60.040.003 - School for the Deaf, Riverside: $15,456,000
(d) 10.60.040.007 - Diagnostic Centers: $12,811,000
(2) Reimbursements: $-2,822,000

Provisions:

  1. On or before September 15 of each year, the superintendent of each State Special School shall report to each school district the number of pupils from that district who are attending a State Special School and the estimated payment due on behalf of the district for those pupils pursuant to Section 59300 of the Education Code. The Controller shall withhold from the State School Fund in the first principal apportionment of that fiscal year the amount due from each school district, as reported to the Controller by the Superintendent of Public Instruction. The amount withheld shall be transferred from the State School Fund to this item. The Superintendent of Public Instruction is authorized to adjust the estimated payments required after the close of the fiscal year by reporting to the Controller the information needed to make the adjustment. The payments by the Controller that result from this yearend adjustment shall be applied to the current year.
State Operations - Federal Trust Fund

6110-001-0890--For support of Department of Education, for payment to Item 6110-001-0001, payable from the Federal Trust Fund: $165,605,000

(SPECIAL EDUCATION & RELATED ITEMS ONLY)

(The operations of the Department’s Special Education Division are also funded from this item.)

Provisions:

  1. Of the funds appropriated in this item, $96,000 is available to the Advisory Commission on Special Education for the in-state travel and operational expenses of the commissioners and the secretary to the commission.
  2. Of the funds appropriated by this item, $318,000 shall be used to provide training in culturally nonbiased assessment and specialized language skills to special education teachers.
  3. Of the funds appropriated in this item, $9,206,000 is for dispute resolution services, including mediation and fair hearing services, provided through contract for the special education programs. The State Department of Education shall ensure the quarterly reports that the contractor submits on the results of its dispute resolution services include the same information as required by Provision 9 of Item 6110-001-0890 of the Budget Act of 2006 (Chs. 47 and 48, Stats. 2006) and Section 56504.5 of the Education Code and reflect year-to-date data and final yearend data.
  4. Of the funds appropriated in this item, $443,000 is for 3.0 positions within the State Department of Education for increased monitoring associated with educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program pursuant to the federal Individuals with Disabilities Education Improvement Act of 2004 (20 U.S.C. Sec. 1400 et seq.).
  5. Of the funds appropriated in this item, $1,226,000 of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) funds is available for the State Department of Education to provide oversight and technical assistance for local educational agencies as the responsibility for overseeing educationally related mental health services transitions from county mental health agencies to special education local plan areas. Of these funds, $426,000 shall be used to fund 3.0 three-year limited-term positions through the 2014-15 fiscal year for monitoring residential placements in out-of-state facilities associated with educationally related mental health services.
  6. Of the funds appropriated in this item, up to $825,000 in federal Title I carryover and $275,000 in federal Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) carryover is available to fund Standardized Account Code Structure system replacement project costs, subject to the approval of a Special Project Report by the California Technology Agency and the Department of Finance.
  7. Of the funds appropriated in this item, $230,000 in federal Individuals with Disabilities Education Act (IDEA) carryover funds is for the State Department of Education to provide oversight of, and technical assistance and monitoring to, local educational agencies regarding changes to the requirements related to the identification and provision of behavior intervention services included in this act. In providing technical assistance to local educational agencies, the State Department of Education shall incorporate the policy guidance disseminated by the Office of Special Education Programs of the United States Department of Education on functional behavioral assessments and positive behavioral interventions and plans. As part of this effort, the State Department of Education shall convene a stakeholder group comprised of all the following: legislative staff; representatives from the Department of Finance; representatives from the Legislative Analyst’s Office; public and private program administrators; parents, including parents of youth with disabilities; advocates, including the protection and advocacy agency identified in subdivision (i) of Section 4900 of the Welfare and Institutions Code; persons with expertise in functional behavioral assessment and developing and implementing positive behavioral interventions; institutions of higher education; and professional organizations. The stakeholder group shall discuss the impact of changes to law and regulations, develop and disseminate technical assistance advisories, identify and recommend practices based on peer-reviewed research, and identify model programs and adjust data collection and monitoring activities.
State Support of Department of Education

6110-001-0001—For support of Department of Education: $35,488,000

(SPECIAL EDUCATION RELATED PROVISIONS ONLY)

Schedule:

(9) Amount payable from Federal Trust Fund (Item 6110-001-0890): $-165,605,000
(10) Amount payable from Mental Health Services Fund (Item 6110-001-3085: $-179,000

Provisions:

  1. Of the funds appropriated in this item, $206,000 shall be available as matching funds for the Department of Rehabilitation to provide coordinated services to disabled pupils. Expenditure of the funds shall be identified in the memorandum of understanding or other written agreement with the Department of Rehabilitation to ensure an appropriate match to federal vocational rehabilitation funds.
  2. Of the funds appropriated in this item, up to $1,011,000 is for dispute resolution services, including mediation and fair hearing services, provided through contract for special education programs.

6110-001-3085—For support of Department of Education, for payment to Item 6110-001-0001, payable from the Mental Health Services Fund: $179,000

Reappropriation (Special Education Items Only)

Item 6110-485—Reappropriation (Proposition 98), Department of Education. The sum of $9,669,000 is hereby reappropriated from the Proposition 98 Reversion Account for the following purposes:

0001—General Fund

(1) The sum of $9,669,000 to the State Department of Education for transfer by the Controller to Section A of the State School Fund for allocation by the Superintendent of Public Instruction for apportionment for special education programs pursuant to Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code.

Item 6110-488—Reappropriation, Department of Education.

Notwithstanding any other provision of law, the balances from the following items are available for reappropriation for the purposes specified in Provisions 1 to 5, inclusive:

0001—General Fund

(4) $8,472,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (1) of Item 6110-161-0001 of the Budget Act of 2010 (Ch. 712, Stats. 2010).
(10) $18,373,000 or whatever greater or lesser amount appropriated for the Special Education Programs for Exceptional Children in Schedule (1) of Item 6110-161-0001 of the Budget Act of 2011 (Ch. 33, Stats. 2011).
(18) $7,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for special education instruction in Item 6100-161-0001, pursuant to Section 5 of Chapter 3 of the 2009-10 Fourth Extraordinary Session, as amended by Chapter 31 of the 2009-10 Third Extraordinary Session.
(21) $800,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (1) of Item 6110-161-0001 of the Budget Act of 2012 (Chs. 21 and 29, Stats. 2012).
(35) $65,000 or whatever greater or lesser amount of the unexpended balance of the amount reappropriated for special education mental health services in Item 6110-488, Provision (3) of the Budget Act of 2010 (Ch.712, Stats. 2010), as amended by Section 46 of Chapter 7 of the Statutes of 2011.
(37) $800,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Early Education Program for Individuals with Exceptional Needs in Schedule (2) of Item 6110-161-0001 of the Budget Act of 2011 (Ch. 33, Stats. 2011)
Provision:1. The sum of $84,000,000 is hereby reappropriated to the State Department of Education for transfer by the Controller to Section A of the State School Fund for allocation by the Superintendent of Public Instruction for apportionment for special education programs pursuant to Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code.

Other

6110-156-0001—For local assistance, Department of Education
10.50.010.008-- Remedial education services for participants in the CalWORKs program.
Provision 1. Credit for participating in adult education classes or programs may be generated by a special day class pupil only for days in which the pupil has met the minimum day requirements set forth in Section 46141 of the Education Code.

6110-156-0890—For local assistance, Department of Education, Program 10.50.010.001—Adult Education, payable from the Federal Trust Fund.
Provision 4. The State Department of Education shall continue to ensure that outcome measures for State Department of State Hospitals and State Department of Developmental Services clients are set at a level where these clients will continue to be eligible for adult education services in the current fiscal year and beyond to the full extent authorized under federal law. The State Department of Education shall also consult with the State Department of State Hospitals, State Department of Developmental Services, and Department of Finance for this purpose.

6110-194-0001—For local assistance, Department of Education, for allocation by the Superintendent of Public Instruction to school districts, county offices of education, and other agencies for child care and developmental programs included in this item, in lieu of the amount that otherwise would be appropriated pursuant to any other statute.
Schedule (1.5) 30.10.020-Child Care Services.
(j) 30.10.020.096—Special Program, Child Development, Allowance for Handicapped: $1,457,000

Questions: Special Education Division | specedinfoshare@cde.ca.gov | 916-445-4613  Name | email@cde.ca.gov | XXX-XXX-XXXX
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