Special education: COVID-19 Special Education Fund.

(1) Existing law requires apportionments to special education local plan areas for special education programs operated by, and services provided by, school districts, county offices of education, and special education local plan areas to be computed in a specified manner. Existing law requires the Superintendent of Public Instruction to continuously monitor and review all special education programs to ensure that all funds appropriated to special education local plan areas are expended for the purposes intended, as provided. This bill would establish in the State Treasury the COVID-19 Special Education Fund and would require moneys in the fund to be used by the State Department of Education, upon appropriation, for purposes of providing matching funds, on a one-to-one basis, to support local educational agencies in conducting activities to prevent and intervene early in conflicts, conduct voluntary alternative dispute resolution, and provide services to pupils with disabilities relating to individually determined impacts to learning associated with COVID-19 pandemic school disruptions, as provided. The bill would require a local educational agency to submit an application for funding to their special education local plan area to be eligible for these funds. The bill would require the special education local plan area to verify in writing that specified conditions have been met, including an individualized determination of pupil needs, as provided, before submitting the application, including the written verification, to the department on behalf of the local educational agency. By requiring new duties of a special education local plan area, the bill would impose a state-mandated local program. The bill would require the department, within 60 days of the operative date of these provisions, to issue guidance to assist local educational agencies in identifying factors to consider when conducting individualized determinations of any need to address impacts to learning or for services related to COVID-19 pandemic school disruptions, as provided. The bill would require the department, within 30 days of the operative date of these provisions, to notify each local educational agency of the amount of funding it is eligible to apply for according to a specified formula. The bill would make the implementation of these requirements contingent upon an appropriation of specified funds in the annual Budget Act or another statute. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.