§ 56836.168
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/ca/education-code/56836-168A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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:
(A)The amount of funding generated by all foster youth. This amount shall be calculated as the sum of cumulative enrollment for foster youth 3 to 21 years of age, inclusive, as defined in subdivision
(b)of Section 42238.01, multiplied by the rate described in subparagraph (B). Cumulative enrollment shall be calculated at the local educational agency reporting level and use data produced by the California Longitudinal Pupil Achievement Data System pursuant to Section 60900. For purposes of this subparagraph, “local educational agency” means a school district, county office of education, or charter school.
(B)For the 2021–22 fiscal year, the rate shall be one thousand five hundred nine dollars ($1,509). For each fiscal year thereafter, the rate shall be the amount calculated for the prior fiscal year pursuant to this paragraph, adjusted each year by the inflation factor described in Section 56836.142.
(i)For the 2021–22 to 2023–24 fiscal years, inclusive, the amount of funding generated by short-term residential therapeutic program placements. This amount shall be calculated as the average daily population at short-term residential therapeutic programs located within the boundaries of the special education local plan area, which shall include the average daily population at short-term residential therapeutic programs that open or close in the middle of a fiscal year, multiplied by the rate described in subparagraph (B).
(ii)For the 2024–25 fiscal year, and each fiscal year thereafter, the amount of funding generated by short-term residential therapeutic program placements and community treatment facility placements. This amount shall be calculated as the average daily population at short-term residential therapeutic programs and community treatment facilities located within the boundaries of the special education local plan area, which shall include the average daily population at short-term residential therapeutic programs and community treatment facilities that open or close in the middle of a fiscal year, multiplied by the rate described in subparagraph (B).
(B)For the 2021–22 fiscal year, the rate shall be fourteen thousand six hundred three dollars ($14,603). For each fiscal year thereafter, the rate shall be the amount calculated for the prior fiscal year pursuant to this paragraph, adjusted each year by the inflation factor described in Section 56836.142.
(3)The amount of funding generated by children and youth placed by the State Department of Developmental Services, calculated as follows:
(A)For the 2021–22 fiscal year, the sum of all of the following amounts:
(i)The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care facilities licensed by the State Department of Social Services multiplied by a rate of three thousand three hundred fifty-eight dollars ($3,358).
(ii)The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in intermediate care facilities licensed by the State Department of Health Care Services multiplied by a rate of twelve thousand six hundred sixty-eight dollars ($12,668).
(iii)The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities licensed by the State Department of Health Care Services multiplied by a rate of twenty-six thousand eight hundred seventy-four dollars ($26,874).
(B)For each fiscal year following the 2021–22 fiscal year, the sum of the amounts described in clauses
(i)to (iii), inclusive, of subparagraph (A), except that the rates used to calculate those amounts shall be the rates calculated for the prior fiscal year, adjusted each year by the inflation factor described in Section 56836.142.
(b)For each charter school deemed a local educational agency for purposes of special education, only an amount equal to the amount computed pursuant to paragraph
(1)of subdivision
(a)shall be apportioned by the Superintendent.
(c)For each fiscal year, the State Department of Social Services and the State Department of Developmental Services shall provide the department with the appropriate data identified in subdivision (a), as follows:
(1)The average daily population for foster youth 3 to 21 years of age, inclusive, at short-term residential therapeutic programs and community treatment facilities.
(2)The number on April 1 of children and youth
(A)3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities and intermediate care facilities licensed by the State Department of Health Care Services, and
(B)3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care facilities licensed by the State Department of Social Services.
(d)In determining the amount of the first and second principal apportionment for a fiscal year pursuant to Section 41332, the Superintendent shall continue to apportion funds from Section A of the State School Fund to each special education local plan area based on the amount apportioned in the prior fiscal year.
(e)For purposes of this section, the following definitions apply:
(1)“Community treatment facility” has the same meaning as defined in Section 1502 of the Health and Safety Code.
(2)“Foster youth” has the same meaning as defined in Section 42238.01.
(3)“Short-term residential therapeutic program” has the same meaning as defined in Section 11400 of the Welfare and Institutions Code or Section 1502 of the Health and Safety Code.