A multi-million dollar settlement agreement has been reached between the governor and the education community on the 14-year-old special education Positive Behavioral Intervention Plan disputed mandate claim.
After years of negotiations between the involved parties, including the San Joaquin County Office of Education, Butte COE, San Diego Unified School District, the Education Mandated Cost Network, California Department of Finance, state Special Education Local Plan Area and California School Boards Association’s Education Legal Alliance, an agreement was reached that includes $520 million in one-time funds and $65 million in ongoing funds in lieu of filing ongoing BIP mandate claims.
Under the settlement and contingent on the passage of legislation, school districts would receive $85 million annually, beginning 2011-12 through 2016-17. Additionally, effective 2009-10, SELPAs would receive $65 million in ongoing funding that would be added to the AB 602 base in lieu of filing ongoing claims. SELPAs would also receive $6 million in one-time funds and COEs would receive $1.5 million in one-time funds. The claimants would receive $2.5 million in one-time funds.
School districts will receive a one-time allocation totaling $85 million, which is estimated at the rate of $14.85 per unit of 2007-08 Second Principal (P-2) ADA, excluding Regional Occupational Centers/Programs ADA, Adult Education, and programs operated by the county superintendents of schools, beginning with 2011-12.
County offices of education will receive a one-time allocation of $1.5 million, which will be distributed at the rate of $35.06 per special education pupil served by COE programs, using the December 2007 pupil count, with a minimum of $5,000 per COE.
SELPAs will receive $6 million, which will be allocated at the rate of $8.85 per pupil, based upon the SELPA’s December 2007 pupil count, with a minimum of $10,000 per SELPA. AB 602 funding will be raised by $65 million on an ongoing basis to increase each SELPA’s funding rate by $10.93 per ADA.
It should be noted at this point, the amounts are estimates; ultimately, the California Department of Education will certify the ADA for each LEA based on the statutory language before distributions are sent out.
This settlement agreement mirrors the provisions contained in the original special education mandated cost settlement of 2000. School districts, county offices and SELPAs can expect to receive the same packet of information regarding the local board action needed to “sign on” to this agreement.
Documentation will include an explanation of the agreement, the court documents, a sample Board Resolution, and a waiver document. All LEAs will be asked to waive their rights to contest the settlement and to file any further special education claims unless the special education law changes.
ACSA will provide its members with additional information as it becomes available.