2005 California Education Code Sections 56836.20-56836.21 Article 4. Nonpublic, Nonsectarian School Contracts

56836.20.  (a) The cost of master contracts with nonpublic,
nonsectarian schools and agencies that a special education local plan
area enters into shall not include any of the following costs that a
special education local plan area may incur:
   (1) Administrative or indirect costs of the special education
local plan area.
   (2) Direct support costs for the special education local plan
area.
   (3) Transportation costs provided either directly, or through a
nonpublic, nonsectarian school or agency contract for use of services
or equipment owned, leased, or contracted, by a special education
local plan area for any pupils enrolled in nonpublic, nonsectarian
schools or agencies, unless provided directly or subcontracted by
that nonpublic, nonsectarian school or agency pursuant to
subdivisions (a) and (b) of Section 56366.
   (4) Costs for services routinely provided by the special education
local plan area including the following, unless the board grants a
waiver under Section 56101:
   (A) School psychologist services other than those described in
Sections 56324 and 56363 and included in a master contract and
individual services agreement under subdivision (a) of Section 56366.
   (B) School nurse services other than those described in Sections
49423.5, 56324, and 56363 and included in a master contract and
individual services agreement under subdivision (a) of Section 56366.
   (C) Language, speech, and hearing services other than those
included in a master contract and individual services agreement under
subdivision (a) of Section 56366.
   (D) Modified, specialized, or adapted physical education services
other than those included in a master contract and individual
services agreement under subdivision (a) of Section 56366.
   (E) Other services not specified by a pupil's individualized
education program or funded by the state on a caseload basis.
   (5) Costs for nonspecial education programs or settings, including
those provided for individuals with exceptional needs between the
ages of birth and five years, inclusive, pursuant to Sections 56431
and 56441.8.
   (6) Costs for nonpublic, nonsectarian school or agency placements
outside of the state unless the board has granted a waiver pursuant
to subdivisions (e) and (f) of Section 56365.
   (7) Costs for related nonpublic, nonsectarian school pupil
assessments by a school psychologist or school nurse pursuant to
Sections 56320 and 56324.
   (8) Costs for services that the nonpublic, nonsectarian school or
agency is not certified to provide.
   (9) Costs for services provided by personnel who do not meet the
requirements specified in subdivision (l) of Section 56366.1.
   (10) Costs for services provided by public school employees.
   (b) A nonpublic, nonsectarian school or agency shall not claim and
is not entitled to receive reimbursement for attendance unless the
site where the pupil is receiving special education or designated
instruction and services is certified.
56836.21.  (a) The State Department of Education shall administer an
extraordinary cost pool to protect special education local plan
areas from the extraordinary costs associated with single placements
in nonpublic, nonsectarian schools, excluding placements reimbursed
pursuant to Article 3 (commencing with Section 56836.16).  Funds
shall be appropriated for this purpose in the annual Budget Act.
Special education local plan areas shall be eligible for
reimbursement from this pool in accordance with this section.
   (b) The threshold amount for claims under this section shall be
the lesser of the following:
   (1) One percent of the allocation calculated pursuant to Section
56836.08 for the special education local plan area for the current
fiscal year for any special education local plan area that meets the
criteria in Section 56212.
   (2) The State Department of Education shall calculate the average
cost of a nonpublic, nonsectarian school placement in the 1997-98
fiscal year.  This amount shall be multiplied by 2.5, then by one
plus the inflation factor computed pursuant to Section 42238.1, to
obtain the alternative threshold amount for claims in the 1998-99
fiscal year.  In subsequent fiscal years, the alternative threshold
amount shall be the alternative threshold amount for the prior fiscal
year multiplied by one plus the inflation factor computed pursuant
to Section 42238.1.
   (c) Special education local plan areas shall be eligible to submit
claims for costs of any new nonpublic, nonsectarian school
placements in excess of those in existence in the 1997-98 fiscal year
and exceeding the threshold amount on forms developed by the State
Department of Education.  All claims for a fiscal year shall be
submitted by November 30 following the close of the fiscal year.  If
the total amount claimed by special education local plan areas
exceeds the amount appropriated, the claims shall be prorated.