0 chapters · 9,350 sections in this title.
Educ. Code § 56836 Section 56836
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Commencing with the 1998–99 fiscal year and for each fiscal year thereafter, apportionments to special education local plan areas for special education programs operated by, and services provided by, districts, county offices, and special education local plan areas shall be compu…
Educ. Code § 56836.01 Section 56836.01
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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 local plan approved by the board, shall be responsible for the following: (a) The fiscal administration of the annual budge…
Educ. Code § 56836.02 Section 56836.02
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(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 allocation plan adopted pursuant to Section 56836.05, unless the allocation plan specifies that funds be apportioned to the adm…
Educ. Code § 56836.03 Section 56836.03
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(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 its revised local plan not later than the time it is required to submit its local plan pursuant to subdivision (b) of Sec…
Educ. Code § 56836.04 Section 56836.04
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(a) The Superintendent continuously shall monitor and review all special education programs approved under this part to ensure that all funds appropriated to special education local plan areas under this part are expended for the purposes intended. (b) Funds apportioned to specia…
Educ. Code § 56836.045 Section 56836.045
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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, and 56836.15 upon receiving a joint notification from the Director of Finance, or the director’s designee, and the chairper…
Educ. Code § 56836.05 Section 56836.05
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(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 Controller shall draw warrants upon the money appropriated, in favor of the eligible special education local plan areas. (…
Educ. Code § 56836.06 Section 56836.06
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(a) For purposes of this article, the following terms or phrases have the following meanings, unless the context clearly requires otherwise: (1) “Average daily attendance reported for the special education local plan area” means the total of the following: (A) The total number of…
Educ. Code § 56836.07 Section 56836.07
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(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 educationally related mental health services, the Superintendent shall allocate funds per unit of average daily attendance, as d…
Educ. Code § 56836.08 Section 56836.08
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(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 plan area: (1) Add the amount of funding per unit of average daily attendance computed for the special education local pla…
Educ. Code § 56836.09 Section 56836.09
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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 the total amount of funding received by the special education local plan area for the 1997–98 fiscal year as follows: (a) A…
Educ. Code § 56836.095 Section 56836.095
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For the 2001–02 fiscal year, the Superintendent shall make the following computations in the following order: (a) Complete the calculations required to adjust the statewide total average daily attendance pursuant to Section 56836.156, and adjust the statewide target per unit of a…
Educ. Code § 56836.10 Section 56836.10
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(a) The Superintendent shall make the following computations to determine the amount of funding per unit of average daily attendance for each special education local plan area for the 1998–99 fiscal year: (1) Divide the amount of funding for the special education local plan area …
Educ. Code § 56836.11 Section 56836.11
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(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 the following computations to determine the statewide target amount per unit of average daily attendance for special educ…
Educ. Code § 56836.12 Section 56836.12
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(a) For the 2013–14 fiscal year, the Superintendent shall compute an equalization adjustment for each special education local plan area, excluding the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternativ…
Educ. Code § 56836.13 Section 56836.13
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(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 shall calculate allocations to special education local plan areas based on the average daily attendance reported for the sp…
Educ. Code § 56836.14 Section 56836.14
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Commencing with the 2020–21 fiscal year and for each fiscal year thereafter, the Superintendent shall annually calculate the special education funding formula pursuant to this article.
Educ. Code § 56836.142 Section 56836.142
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(a) For purposes of this article, the following terms and phrases have the following meanings: (1) “Average daily attendance reported for a special education local plan area” means the total of the following: (A) The total number of units of average daily attendance reported for …
Educ. Code § 56836.144 Section 56836.144
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(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 attendance reported for the special education local plan area for the fiscal year in which the computation is made, the mo…
Educ. Code § 56836.146 Section 56836.146
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(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 plan area, which shall be the greater of the following: (1) Six hundred twenty-five dollars ($625) per unit of average d…
Educ. Code § 56836.148 Section 56836.148
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(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 funded per unit of average daily attendance for each special education local plan area computed in subdivision (a) of Se…
Educ. Code § 56836.15 Section 56836.15
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Notwithstanding any other law, for the 2020–21 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of General Fund moneys that the special education local plan area may claim: (a) Determine the total amount…
Educ. Code § 56836.156 Section 56836.156
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(a) The Superintendent of Public Instruction shall determine the statewide total average daily attendance used for the purposes of Section 56836.08 for the 2001–02 fiscal year. For the purposes of this calculation, the 2000–01 second principal average daily attendance for the cou…
Educ. Code § 56836.157 Section 56836.157
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(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 appropriated, on a one-time basis each fiscal year, from the General Fund for allocation to school districts on a per pupil basis. T…
Educ. Code § 56836.158 Section 56836.158
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(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. For the purposes of this calculation, the 2000–01 second principal average daily attendance for the court, community scho…
Educ. Code § 56836.159 Section 56836.159
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(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 section. (b) The Superintendent shall rank each special education local plan area by its funding level per unit of average dai…
Educ. Code § 56836.165 Section 56836.165
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(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) the number of children and youth residing in foster family homes, small family homes, and foster family agencies, (2) the l…
Educ. Code § 56836.168 Section 56836.168
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(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 on the sum of all of the following amounts: (1) (A) The amount of funding generated by all foster youth. This amount shal…
Educ. Code § 56836.173 Section 56836.173
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(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…
Educ. Code § 56836.175 Section 56836.175
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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.
Educ. Code § 56836.18 Section 56836.18
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(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 …
Educ. Code § 56836.20 Section 56836.20
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(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 of the following costs that a special education local plan area may incur: (1) Administrative or indirect costs of the spe…
Educ. Code § 56836.21 Section 56836.21
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(a) The department shall administer an extraordinary cost pool to protect special education local plan areas from the extraordinary costs associated with single placements as described in subdivision (d). Funds shall be appropriated for this purpose in the annual Budget Act. Spec…
Educ. Code § 56836.22 Section 56836.22
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(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 individualized education program for each pupil with low-incidence disabilities, as defined in Section 56026.5, shall be…
Educ. Code § 56836.23 Section 56836.23
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Funds for regionalized operations and services and the direct instructional support of program specialists shall be apportioned to the special education local plan areas. As a condition of receiving these funds, the special education local plan area shall ensure that all function…
Educ. Code § 56836.24 Section 56836.24
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(a) Commencing with the 2018–19 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of funding for the purposes specified in Section 56836.23 for apportionment to each special education local plan area for …
Educ. Code § 56836.25 Section 56836.25
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Funds received pursuant to this article shall be expended for the purposes specified in Section 56836.23.
Educ. Code § 56836.29 Section 56836.29
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If special education local plan areas reorganize, including by merger or division, the department shall adjust rates for payments to and from the resulting special education local plan areas so that overall funding neither increases nor decreases from what it would have been befo…
Educ. Code § 56836.31 Section 56836.31
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(a) To accomplish the activities set forth in Section 56836.23, supplemental funds shall be apportioned to special education local plan areas that are designated as necessary small special education local plan areas in accordance with Section 56212 and that report fewer than 15,0…
Educ. Code § 56836.39 Section 56836.39
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The Legislature finds and declares all of the following: (a) A quality education ensures that pupils receive appropriate interventions and services as needed before the pupil falls behind academically. (b) Early intervention services and supports provided to children who are at r…
Educ. Code § 56836.40 Section 56836.40
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(a) For any fiscal year in which moneys are appropriated for purposes of this section, the Superintendent shall make the following computations to determine the amount of funding for each school district for the special education early intervention preschool grant: (1) For each s…
Educ. Code § 56837 Section 56837
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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 allocated to the state pursuant to subsection (d) of Section 1411 of Title 20 of the United States Code, the federal funding for…
Educ. Code § 56838 Section 56838
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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 exceptional needs between the ages of 3 and 5, inclusive, the portion of funds available for local entitlements that are not r…
Educ. Code § 56839 Section 56839
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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 available and are satisfactory to the United States Secretary of Education.
Educ. Code § 56840 Section 56840
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The federal funding allocations for local entitlements in Sections 56837 and 56838 shall also apply to state agencies that were eligible to receive federal Part B funds pursuant to subsection (a) of Section 1414 of Title 20 of the United States Code as that provision read prior t…
Educ. Code § 56841 Section 56841
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(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 the annual Budget Act shall only be used as follows: (1) For the excess costs of providing special education and related se…
Educ. Code § 56842 Section 56842
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(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 Education Act (20 U.S.C. Sec. 1400 et seq.) for any fiscal year, less any amount reduced by the local educational agency pur…
Educ. Code § 56844 Section 56844
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In complying with paragraph (17), regarding the prohibition against supplantation of federal funds, and paragraph (18), regarding maintenance of state financial support for special education and related services, of subsection (a) of Section 1412 of Title 20 of the United States …
Educ. Code § 56845 Section 56845
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(a) The Superintendent may withhold, in whole or in part, state funds or federal funds allocated under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) from a local educational agency after reasonable notice and opportunity for a hearing if th…