2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 7.2 - Special Education Funding › ARTICLE 3 - Licensed Children s Institutions › Section 56836.165.

56836.165. (a) For the 2004–05 to 2020–21 fiscal years, inclusive, the Superintendent shall calculate for each special education local plan area an amount based on (1) the number of children and youth residing in foster family homes, small family homes, and foster family agencies, (2) the licensed capacity of group homes licensed by the State Department of Social Services, and (3) 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 or intermediate care facilities licensed by the State Department of Health Care Services and 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.
(b) The department shall assign each facility described in paragraphs (1), (2), and (3) of subdivision (a) a severity rating. The severity ratings shall be on a scale from 1 to 14, inclusive. Foster family homes and small family homes shall be assigned a severity rating of 1. Foster family agencies shall be assigned a severity rating of 2. Facilities described in paragraph (2) of subdivision (a) shall be assigned the same severity rating as its State Department of Social Services rate classification level. For facilities described in paragraph (3) of subdivision (a), skilled nursing facilities shall be assigned a severity rating of 14, intermediate care facilities shall be assigned a severity rating of 11, and community care facilities shall be assigned a severity rating of 8.
(c) (1) The department shall establish a “bed allowance” for each severity level. For the 2004–05 fiscal year, the bed allowance shall be calculated as described in paragraph (2). For the 2005–06 fiscal year and each fiscal year thereafter, the department shall increase the bed allowance by the inflation adjustment computed pursuant to Section 42238.1. The department shall not establish a bed allowance for any facility described in paragraphs (2) and (3) of subdivision (a) if it is not licensed by the State Department of Social Services or the State Department of Health Care Services.
(2) (A) The bed allowance for severity level 1 shall be five hundred two dollars ($502).
(B) The bed allowance for severity level 2 shall be six hundred ten dollars ($610).
(C) The bed allowance for severity level 3 shall be one thousand four hundred thirty-four dollars ($1,434).
(D) The bed allowance for severity level 4 shall be one thousand six hundred forty-nine dollars ($1,649).
(E) The bed allowance for severity level 5 shall be one thousand eight hundred sixty-five dollars ($1,865).
(F) The bed allowance for severity level 6 shall be two thousand eighty dollars ($2,080).
(G) The bed allowance for severity level 7 shall be two thousand two hundred ninety-five dollars ($2,295).
(H) The bed allowance for severity level 8 shall be two thousand five hundred ten dollars ($2,510).
(I) The bed allowance for severity level 9 shall be five thousand four hundred fifty-one dollars ($5,451).
(J) The bed allowance for severity level 10 shall be five thousand eight hundred eighty-one dollars ($5,881).
(K) The bed allowance for severity level 11 shall be nine thousand four hundred sixty-seven dollars ($9,467).
(L) The bed allowance for severity level 12 shall be thirteen thousand four hundred eighty-three dollars ($13,483).
(M) The bed allowance for severity level 13 shall be fourteen thousand three hundred forty-three dollars ($14,343).
(N) The bed allowance for severity level 14 shall be twenty thousand eighty-one dollars ($20,081).
(d) (1) For each fiscal year, the department shall calculate an out-of-home care funding amount for each special education local plan area as the sum of the amounts computed pursuant to paragraphs (2), (3), and (4). The State Department of Social Services and the State Department of Developmental Services shall provide the State Department of Education with the residential counts identified in paragraphs (2), (3), and (4).
(2) The number of children and youth residing on April 1 in foster family homes, small family homes, and foster family agencies located in each special education local plan area multiplied by the appropriate bed allowance.
(3) The capacity on April 1 of each group home licensed by the State Department of Social Services located in each special education local plan area multiplied by the appropriate bed allowance.
(4) 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 located in each special education local plan area multiplied by the appropriate bed allowance, 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 located in each special education local plan area multiplied by the appropriate bed allowance.
(5) Notwithstanding subdivision (b) and paragraphs (2) and (3), for purposes of the out-of-home care funding amount for group homes, foster family homes, small family homes, and foster family agencies for the 2017–18 to 2020–21 fiscal years, inclusive, the Superintendent shall use the data received from the State Department of Social Services that was used for the funding for the 2016–17 fiscal year.
(e) In determining the amount of the first 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 equal to the amount apportioned at the advance apportionment pursuant to Section 41330 for that fiscal year.
(f) Notwithstanding subdivision (b) and paragraph (3) of subdivision (d), for purposes of the 2016–17 fiscal year funding for group homes, the Superintendent shall use the rate classification levels as they existed on December 31, 2016, and the capacity of each group home licensed by the State Department of Social Services located in each special education local plan area on December 31, 2016.
(Amended by Stats. 2021, Ch. 44, Sec. 99. (AB 130) Effective July 9, 2021.)