Legal Resources | | EC 56836.16
Article 3 Licensed Children's Institutions. Special Education Funding
(a) For the 1998-99 fiscal year and each fiscal year thereafter, the superintendent shall apportion to each school district and county superintendent providing programs pursuant to Article 5 (commencing with Section 56155) of Chapter 2 an amount equal to the difference, if any, between (1) the costs of master contracts with nonpublic, nonsectarian schools and agencies to provide special education instruction, designated instruction and services, or both, to pupils in licensed children's institutions, foster family homes, residential medical facilities, and other similar facilities funded under this chapter, plus the costs of special education instruction, designated instruction and services, or both, provided directly by a school district with less than 3,000 average daily attendance, to pupils who reside in a skilled nursing facility, and (2) the state income received by the district or county superintendent for providing these programs. The sum of the excess cost, plus any state or federal income for these programs, may not exceed the cost of master contracts with nonpublic, nonsectarian schools and agencies to provide special education and designated instruction and services for these pupils, nor may it exceed the cost of providing special education instruction, designated instruction and services to pupils who reside in a skilled nursing facility, as determined by the superintendent.
(b) The cost of master contracts with nonpublic, nonsectarian schools and agencies, or the cost of providing special education instruction, designated instruction and services to pupils who reside in a skilled nursing facility, that a school district or county office of education reports under this section may not include any of the following costs that a school district, county office of education, or special education local plan area may incur:
(1) Administrative or indirect costs for the local educational agency.
(2) Direct support costs for the local educational agency.
(3) Transportation costs provided either directly, or through a nonpublic, nonsectarian school or agency master contract or individual services agreement for use of services or equipment owned, leased, or contracted, by a school district, special education local plan area, or county office of education for any pupils enrolled in nonpublic, nonsectarian schools or agencies, unless provided directly or subcontracted by that nonpublic, nonsectarian school or agency pursuant to subdivisions (a) and (b) of Section 56366.
(4) Costs for services routinely provided by the school district or county office of education including all of the following, unless the board grants a waiver under Section 56101:
(A) School psychologist services, other than those described in Sections 56324 and 56363 and included in a master contract and individual services agreement under subdivision (a) of Section 56366, and other than those provided directly by a school district pursuant to the individualized education program of a pupil residing in a skilled nursing facility.
(B) School nurse services, other than those described in Sections 49423.5, 56324, and 56363 and included in a master contract and individual services agreement under subdivision (a) of Section 56366, and other than those provided directly by a school district pursuant to the individualized education program of a pupil residing in a skilled nursing facility.
(C) Language, speech, and hearing services, other than those included in a master contract and individual services agreement under subdivision (a) of Section 56366, and other than those provided directly by a school district pursuant to the individualized education program of a pupil residing in a skilled nursing facility.
(D) Modified, specialized, or adapted physical education services other than those included in a master contract and individual services agreement under subdivision (a) of Section 56366, and other than those provided directly by a school district pursuant to the individualized education program of a pupil residing in a skilled nursing facility.
(E) Other services not specified by a pupil's individualized education program or funded by the state on a caseload basis.
(5) Costs for nonspecial education programs or settings, including those provided for individuals with exceptional needs between the ages of birth and five years, inclusive, pursuant to Sections 56431 and 56441.8.
(6) Costs for nonpublic, nonsectarian school or agency placements outside of the state, unless placement of the pupil is done pursuant to subdivisions (e) and (f) of Section 56365.
(7) Costs for related nonpublic, nonsectarian school pupil assessments by a school psychologist or school nurse pursuant to Sections 56320 and 56324.
(8) Costs for services that the nonpublic, nonsectarian school or agency is not certified to provide.
(9) Costs for services provided by personnel who do not meet the requirements specified in subdivision (k) of Section 56366.1.
(10) Costs for services provided by public school employees, unless those services are provided pursuant to the individualized education program of a pupil residing in a skilled nursing facility.
(c) A nonpublic, nonsectarian school or agency shall not claim and is not entitled to receive reimbursement for attendance unless the site where the pupil is receiving special education or designated instruction and services is certified.
(d) This section shall become inoperative on June 30, 2004, and, as of July 1, 2006, is repealed, unless a later enacted statute that becomes operative on or before July 1, 2006, deletes or extends the dates on which it becomes inoperative and is repealed.
(Amended by Stats. 2004, Ch. 216, Sec. 12.)
Reference:
Education Code 49423.5
Education Code 56101
Education Code 56155
Education Code 56320
Education Code 56324
Education Code 56363
Education Code 56366
Education Code 56366.1
Education Code 56431
Education Code 56441.8
Education Code 56365