Bill Text: CA AB108 | 2011-2012 | Regular Session | Chaptered
Bill Title: Education.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2011-07-26 - Chaptered by Secretary of State - Chapter 135, Statutes of 2011. [AB108 Detail]
Download: California-2011-AB108-Chaptered.html
BILL NUMBER: AB 108 CHAPTERED
BILL TEXT
CHAPTER 135
FILED WITH SECRETARY OF STATE JULY 26, 2011
APPROVED BY GOVERNOR JULY 26, 2011
PASSED THE SENATE JULY 14, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN SENATE JULY 7, 2011
AMENDED IN SENATE JUNE 28, 2011
AMENDED IN SENATE MARCH 14, 2011
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2011
An act to amend Item 6110-161-0001 of Section 2.00 of the Budget
Act of 2011, and to amend Section 76300 of the Education Code, making
an appropriation therefor, to take effect immediately, bill related
to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 108, Committee on Budget. Education.
Existing law requires the governing board of each community
college district to charge each student a fee, and sets that fee at
$36 per unit per semester. Existing law requires this fee to be
raised to $46 per unit per semester, effective with the fall term of
the 2011-12 academic year, if a provision of the Budget Act of 2011
becomes operative that requires the Director of Finance to reduce
specified appropriations if he or she determines that the higher of 2
specified state revenue forecasts does not meet one or both of
certain thresholds.
This bill would specify that the raising of this fee to $46 per
unit per semester would occur if the higher revenue forecast projects
General Fund revenues for the 2011-12 fiscal year of less than
$87,452,500,000. The bill would further specify that this fee
increase, if it occurs, would be effective with the winter term,
rather than the fall term, of the 2011-12 academic year.
The Budget Act of 2011 (Chapter 33 of the Statutes of 2011)
appropriated moneys from the General Fund to the State Department of
Education for, among other things, special education instruction
during the 2011-12 fiscal year.
This bill would amend the Budget Act of 2011 by reducing the
amount of moneys appropriated from the General Fund to the State
Department of Education for special education instruction.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76300 of the Education Code, as amended by
Section 29 of Chapter 43 of the Statutes of 2011, is amended to read:
76300. (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be thirty-six
dollars ($36) per unit per semester, effective with the fall term of
the 2011-12 academic year.
(2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by
Section 84757.
(2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
(3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
(g) (1) The fee requirements of this section shall be waived for
any student who, at the time of enrollment, is a recipient of
benefits under the Temporary Assistance to Needy Families program,
the Supplemental Security Income/State Supplementary Program, or a
general assistance program or has demonstrated financial need in
accordance with the methodology set forth in federal law or
regulation for determining the expected family contribution of
students seeking financial aid.
(2) The governing board of a community college district also shall
waive the fee requirements of this section for any student who
demonstrates eligibility according to income standards established by
regulations of the board of governors.
(3) Paragraphs (1) and (2) may be applied to a student enrolled in
the 2005-06 academic year if the student is exempted from
nonresident tuition under paragraph (3) of subdivision (a) of Section
76140.
(h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent, or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
(j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
(1) The dependent was a resident of California on September 11,
2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
(l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains the age of 30 years.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
(m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
(2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
(n) The board of governors shall adopt regulations implementing
this section.
(o) This section shall be inoperative and is repealed on January
1, 2012, only if subdivision (b) of Section 3.94 of the Budget Act of
2011 is operative.
SEC. 2. Section 76300 of the Education Code, as amended by Section
30 of Chapter 43 of the Statutes of 2011, is amended to read:
76300. (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be forty-six
dollars ($46) per unit per semester, effective with the winter term
of the 2011-12 academic year.
(2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by
Section 84757.
(2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
(3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
(g) (1) The fee requirements of this section shall be waived for
any student who, at the time of enrollment, is a recipient of
benefits under the Temporary Assistance to Needy Families program,
the Supplemental Security Income/State Supplementary Program, or a
general assistance program or has demonstrated financial need in
accordance with the methodology set forth in federal law or
regulation for determining the expected family contribution of
students seeking financial aid.
(2) The governing board of a community college district also shall
waive the fee requirements of this section for any student who
demonstrates eligibility according to income standards established by
regulations of the board of governors.
(3) Paragraphs (1) and (2) may be applied to a student enrolled in
the 2005-06 academic year if the student is exempted from
nonresident tuition under paragraph (3) of subdivision (a) of Section
76140.
(h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
(j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
(1) The dependent was a resident of California on September 11,
2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
(l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains 30 years of age.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
(m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
(2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
(n) The board of governors shall adopt regulations implementing
this section.
(o) This section shall become operative on January 1, 2012, only
if subdivision (b) of Section 3.94 of the Budget Act of 2011 is
operative.
SEC. 3. Item 6110-161-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-161-0001--For local assistance,
Department of Education (Proposition
98), Program 10.60-Special Education
Programs for Exceptional Children........ 3,030,913,000
Schedule:
(1) 10.60.050.003-
Special education 2,960,010,00
instruction......... 0
(2) 10.60.050.080-Early
Education Program
for Individuals
with Exceptional
Needs............... 85,298,000
(3) Reimbursements for
Early Education
Program, Part C..... -14,395,000
Provisions:
1. Funds appropriated by 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
2011-12 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 $13,195,000,
plus any cost-of-living
adjustment, shall be available
for the purchase, repair, and
inventory maintenance of
specialized books, materials,
and equipment for pupils with
low-incidence disabilities, as
defined in Section 56026.5 of
the Education Code.
3. Of the funds appropriated in
Schedule (1), up to $10,081,000,
plus any cost-of-living
adjustment, 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 $5,258,000,
plus any cost-of-living
adjustment (COLA), shall be
available for regional
occupational centers and
programs that serve pupils
having disabilities; up to
$88,542,000, plus any COLA,
shall be available for
regionalized program specialist
services; and up to $2,687,000,
plus any COLA, shall be
available for small special
education local plan areas
(SELPAs) pursuant to Section
56836.24 of the Education Code.
5. Of the funds appropriated in
Schedule (1), up to $3,000,000
is provided for extraordinary
costs associated with single
placements in nonpublic,
nonsectarian schools, pursuant
to Section 56836.21 of the
Education Code. Pursuant to
legislation, these funds shall
also provide reimbursement for
costs associated with pupils
residing in licensed children's
institutes.
6. Of the funds appropriated in
Schedule (1), up to
$179,930,000, plus any cost-of-
living adjustment (COLA), 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.
7. 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.
8. 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
2011-12 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.
Notwithstanding any other
provision of law, funds in
Schedule (2) shall be used only
for the purposes specified in
Provisions 10 and 11.
9. 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 and
Provision 10 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.
10. The State Department of
Education, through coordination
with the special education local
plan areas, shall ensure local
interagency coordination and
collaboration in the provision
of early intervention services,
including local training
activities, child-find
activities, public awareness,
and the family resource center
activities.
11. Funds appropriated in this item,
unless otherwise specified, are
available for the sole purpose
of funding 2011-12 fiscal year
special education program costs
and shall not be used to fund
any prior year adjustments,
claims, or costs.
12. Of the amount provided in
Schedule (1), up to $188,000,
plus any cost-of-living
adjustment, 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.
13. 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.
14. Of the funds appropriated in
Schedule (1), up to $29,478,000
shall be allocated to local
educational agencies for the
purposes of Project Workability
I.
15. Of the funds appropriated in
Schedule (1), up to $1,700,000
shall be used to provide
specialized services to pupils
with low-incidence disabilities,
as defined in Section 56026.5 of
the Education Code.
16. Of the funds appropriated in
Schedule (1), up to $1,117,000
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 Individuals with
Disabilities Education
Improvement Act of 2004 (20
U.S.C. Sec. 1400 et seq.).
17. Of the funds appropriated in
Schedule (1), up to $200,000
shall be used for research and
training in cross-cultural
assessments.
18. Of the amount specified in
Schedule (1), up to $31,000,000
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
Improvement Act of 2004 (20
U.S.C. Sec. 1400 et seq.). The
Superintendent of Public
Instruction shall allocate these
funds to special education local
plan areas on a one-time basis
in the 2011-12 fiscal year based
upon an equal rate per pupil
using the methodology specified
in Section 56836.07 of the
Education Code.
19. Of the amount provided in
Schedule (1), $0 is to reflect a
cost-of-living adjustment.
20. Of the amount provided in
Schedule (2), $0 is to reflect a
cost-of-living adjustment.
21. 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, 2012, 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.
22. Of the funds appropriated in
this item, up to $2,500,000
shall be allocated directly to
special education local plan
areas for a personnel
development program that meets
the highly qualified teacher
requirements and ensures that
all personnel necessary to carry
out this part are appropriately
and adequately prepared, subject
to the requirements of paragraph
(14) of subdivision (a) of
Section 612 of the federal
Individuals with Disabilities
Education Improvement Act of
2004 (20 U.S.C. Sec. 1400 et
seq.) and Section 2122 of the
federal Elementary and Secondary
Education Act of 1965 (20 U.S.C.
Sec. 6301 et seq.). The local in-
service programs shall include a
parent training component and
may include a staff training
component, and may include a
special education teacher
component for special education
service personnel and
paraprofessionals, consistent
with state certification and
licensing requirements. Use of
these funds shall be described
in the local plans. These
funds may be used to provide
training in alternative dispute
resolution and the local
mediation of disputes. All
programs are to include
evaluation components.
23. 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).
24. The funds appropriated in this
item reflect an adjustment to
the base funding of 0.23 percent
for the annual adjustment in
statewide average daily
attendance.
25. Of the funds appropriated in
Schedule (1), the amount
resulting from increases in
federal funds reflected in the
calculation performed in
paragraph (1) of subdivision (c)
of Section 56836.08 of the
Education Code shall be
allocated based on an equal
amount per average daily
attendance and added to each
special education local plan
area's base funding, consistent
with paragraphs (1) to (4),
inclusive, of subdivision (b) of
Section 56836.158 of the
Education Code. When the final
amount is determined, the State
Department of Education shall
provide this information to the
Department of Finance and the
budget committees of each house
of the Legislature.
26. Of the amount specified in
Schedule (1), $218,786,000 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
Improvement Act of 2004 (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 2011-12 fiscal
year based upon an equal rate
per pupil using the methodology
specified in Section 56836.07 of
the Education Code.
27. Of the amount specified in
Schedule (1), up to $3,000,000
shall be made available to the
Superintendent of Public
Instruction, in collaboration
with the Department of Finance
and the Legislative Analyst,
and subject to approval by the
Department of Finance, to
administer an extraordinary cost
pool associated with
educationally related mental
health services, including out-
of-home residential services for
emotionally disturbed pupils,
for necessary small special
education local plan areas as
defined in Section 56212 of the
Education Code.
SEC. 4. This act is a bill providing for appropriations related to
the Budget Bill within the meaning of subdivision (e) of Section 12
of Article IV of the California Constitution, has been identified as
related to the budget in the Budget Bill, and shall take effect
immediately.
