§ 56836.13. — 56836.13. (Added by renumbering Section 56836.15 by Stats. 2020, Ch. 24, Sec. 75.)

California § 56836.13.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 4.
• Title 2.: DIVISION 4. INSTRUCTION AND SERVICES
• Part 30.: PART 30. SPECIAL EDUCATION PROGRAMS
• Ch. 7.2.: CHAPTER 7.2. Special Education Funding
• Art. 2.: ARTICLE 2. Computation of Apportionments

Text

(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 special education local plan area for the fiscal year in which the computation is made or the prior fiscal year, whichever is greater. However, the prior fiscal year average daily attendance reported for the special education local plan area shall be adjusted for any loss or gain of average daily attendance reported for the special education local plan area due to a reorganization or transfer of territory in the special education local plan area.
(b)
For the 1998–99 fiscal year only, the prior year average daily attendance used in this section shall be the 1997–98 average daily attendance reported for the special education local plan area, excluding average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996.
(c)
If in the fiscal year for which the computation is made, the number of units of average daily attendance upon which allocations to the special education local plan area are based is greater than the number of units of average daily attendance upon which allocations to the special education local plan area were based in the prior fiscal year, the special education local plan area shall be allocated a growth adjustment equal to the product
determined by multiplying the amounts determined under paragraphs (1) and (2).
(1)
The statewide target amount per unit of average daily attendance for special education local plan areas determined pursuant to Section 56836.11.
(2)
The difference between the number of units of average daily attendance upon which allocations to the special education local plan area are based for the fiscal year in which the computation is made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year.
(d)
If in the fiscal year for which the computation is made, the number of units of average daily attendance upon which allocations to the special
education local plan area are based is less than the number of units of average daily attendance upon which allocations to the special education local plan area were based in the prior fiscal year, the special education local plan area shall receive a funding reduction equal to the product determined by multiplying the amounts determined under paragraphs (1) and (2):
(1)
The amount of funding per unit of average daily attendance computed for the special education local plan area for the prior fiscal year. For the 2013–14 fiscal year only, the amount of funding per unit of average daily attendance computed for the special education local plan area for the 2013–14 fiscal year shall be used for this purpose.
(2)
The difference between the number of units of average daily
attendance upon which allocations to the special education local plan area are based for the fiscal year in which the computation is made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year.
(e)
If, in the fiscal year for which the computation is made, the number of units of average daily attendance upon which the allocations to the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area are based is greater than the number of units of average daily attendance upon which the allocations to that special education local plan area were based in the prior fiscal year, that special education local plan area
shall be allocated a growth adjustment equal to the product determined by multiplying the amounts determined under paragraphs (1) and (2).
(1)
The amount of funding per unit of average daily attendance computed for the special education local plan area for the prior fiscal year pursuant to Section 56836.10 multiplied by one plus the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013. For the 2013–14 fiscal year only, the amount of funding per unit of average daily attendance computed for the special education local plan area for the 2013–14 fiscal year shall be used, and multiplied by one plus the inflation factor computed pursuant to Section
42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 2013–14 fiscal year and each fiscal year thereafter.
(2)
The difference between the number of units of average daily attendance upon which allocations to the special education local plan area are based for the fiscal year in which the computation is made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year.
(f)
This section shall become inoperative on July 1, 2020.

Legislative History

Added by renumbering Section 56836.15 by Stats. 2020, Ch. 24, Sec. 75. (SB 98) Effective June 29, 2020. Inoperative July 1, 2020, by its own provisions.