1 Spotlight on Practice: Special Education and the Shrinking Pie SES Fall 2010

2 Funding Primer Mandate reimbursements General unrestricted funding Categorical funding

3 Let’s Take a Look Interdistrict Transfers County Mental Health Staffing

4 Interdistrict Transfers Less Control Interdistrict Transfers

5 Seasons of Repose Generally parent/legal guardian’s residency determines where student attends school –Residency is the place where parent remains and to which he/she returns “in seasons of repose” An exception – interdistrict transfer

6 Interdistrict Attendance Options Traditional School District of Choice Open Enrollment Act

7 Traditional Admission standards: –Different standard than general education students? No –Discrimination on the basis of race, ethnicity, sex, religion, national origin or disability? No

8 Traditional Admission limitations –Space availability? Yes –Creation of a new program or service? Yes

9 School District of Choice Admission standards: –Different standard than general education students? No –Discrimination on the basis of race, ethnicity, sex, religion, national origin or disability? No –Discrimination on the basis of academic or athletic performance? No

10 School Districts of Choice Admission limitations: –Random, unbiased selection? Yes –Creation of a new program or service? No … at least not for students with disabilities or English learners

11 School District of Choice Space availability: –If applied equally to both general and special education students, then limitation can apply –A school district can reject a transfer if it would be obligated to create a new program “[E]xcept that a school district of choice shall not reject the transfer of a special needs pupil, including an individual with exceptional needs … and an English learner …”

12 Open Enrollment Act (“Romero Bill”) Admission standards: –Different standard than general education students? No –Discrimination on the basis of race, ethnicity, sex, religion, national origin or disability? No

13 Open Enrollment Act (“Romero Bill”) Admission limitations: –Adverse financial impact? Yes, but be careful –Space availability? Yes, but be careful

14 Who Transports?

15 County Mental Health Tenuous State Mandate Interdistrict Transfers County Mental Health

16 Terminology (a non-exhaustive list) Services AB 3632 AB 2726 Chapter 26.5 Agencies CMH DMH DBH

17 History Assembly Bill 3632 (1984) Assembly Bill 2726 (1996) Assembly Bill 1895 (2004)

18 Referral Requirements 1.Following assessment, district, parent, or IEP team can refer; or 2. Based on preliminary results of assessment, only district can refer

19 Funding Sources Federal IDEA funds$69 million State categorical funding$31 million State categorical funding$52 million $152 million and Mandate reimbursement$0 (lately)

20 Governor’s Action Veto of $133 million in mandate reimbursements “This mandate is suspended.”

21 What We Want to Know Does the Governor have the legal authority to suspend a mandate? Who is responsible for mental health services while we find out? –The answer may evolve on a case-by-case basis

22 However … The IDEA says school districts are the payers of last resort CDE agrees If a public agency other than a school district fails to provide or pay, the school district must provide or pay in a timely manner The school district can use the interagency agreement or other mechanism to claim reimbursement (34 C.F.R. § (b)(2).)

23 What Does This Mean for You? Maintaining timelines Obtain services Due process available Interagency dispute available Stay put

24 What to do? Pre-referral services Build capacity, build relationships

25 Increased Class-Size Making Do Interdistrict Transfers County Mental Health Staffing

26 Furloughs and Shorter School Year Furloughs: To whom do they typically apply? Shortened school year: How low can you go?

27 Litigation Has Started

28 What Does CDE Say?

29 What Does CDE Say? IEP Trumps!! When necessary, reconvene to determine alternative means of addressing need

30 What does this mean for you? LRE standards –Increased class-size –Availability of supplementary aids and services –Availability of related services ESY Section 504

31 Conclusion Know how interdistrict transfers affect your particular district status Build capacity for mental health services Analyze the effect of staff furloughs on an individualized basis

32 Q & A