LAO Report: CALIFORNIA SCHOOLS FACE RISING SPECIAL ED COSTS

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    Oeriew o SpecialEdcaio i Calioria

    MAC TAy lor l e g i s l A T i v e A n A l y s T JA nUA ry 3, 2013

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    A n L A O R e p O R t

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    COntEntS

    Eecie Smmar ..................................................................................................5

    Irodcio ..............................................................................................................7

    Wha Is Special Edcaio? ......................................................................................7

    Who Receies Special Edcaio Serices? ............................................................8

    Wha Special Edcaio Serices Do Sdes Receie? .....................................11

    Where Are Special Edcaio Serices Proided? ................................................11

    How Is Special Edcaio Orgaied i Calioria? .............................................12

    How Is Special Edcaio Fded i Calioria? ..................................................14

    Wha Are he Sae Special Schools? .....................................................................18

    How Are Special Edcaio Laws Moiored ad Eorced? ...............................19

    How Do Caliorias Sdes Wih Disailiies Perorm Academicall? ...........20

    Coclsio ...............................................................................................................24

    Glossar o Commo terms Relaed o Special Edcaio ..................................25

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    ExECutIvE SuMMARySpecial education is the catch-all term that encompasses the specialized services that schools

    provide or disabled students. Tis report provides a comprehensive review o special education

    conveying inormation on applicable laws, aected students, services, unding, and student

    outcomes.

    Public Schools Must Provide Special Support or Disabled Students. Federal law requires

    schools to provide specially dened instruction, and related services, at no cost to parents, to meet

    the unique needs o a child with a disability. Te law requires schools to provide disabled students

    with these special supports rom age 3 until age 22, or until they graduate rom high school,

    whichever happens rst. Tese services are in addition to what a nondisabled student receives.

    About One in en Caliornia Students Receives Special Education Services. About 686,000

    students with disabilities (SWDs) receive special education services in Caliornia, comprising about

    10 percent o the states public school enrollment. Specic learning disabilitiesincluding dyslexia

    are the most common diagnoses requiring special education services (aecting about 4 percent oall K-12 students), ollowed by speech and language impairments. While the overall prevalence o

    students with autism and chronic health problems still is relatively rare (each aecting 1 percent

    or less o all public school students), the number o students diagnosed with these disabilities has

    increased notably over the past decade.

    Special Education Services Vary Based on Individual Student Needs. Federal law only

    requires schools to provide special education services to students with diagnosed disabilities that

    interere with their educational attainment. o determine a students need and eligibility or special

    education, schools must conduct a ormal evaluation process. I schools determine that general

    education programs cannot adequately meet a disabled students needs, they develop Individualized

    Education Programs (IEPs) to dene the additional services the school will provide. Each students

    IEP diers based on his or her particular disability and needs. Specialized academic instruction is

    the most common service that schools provide. Tis category includes any kind o specic practice

    that adapts the content, methodology, or delivery o instruction to help SWDs access the general

    curriculum. Other commonly provided services include speech and language assistance and various

    types o therapies or physical and psychological needs that may be impeding a SWDs educational

    attainment. Although ederal law encourages schools to educate disabled students in mainstream

    settings, most (about three-quarters) o special education services are delivered in settings other

    than regular classrooms.

    In General, the State Uses a Regional Structure to Organize Special Education. Becauseeconomies o scale oen improve both programmatic outcomes and cost-eectiveness, special

    education unding and some services are administered regionally by 127 Special Education Local

    Plan Areas (SELPAs) rather than by the approximately 1,000 school districts in the state. Most

    SELPAs are collaborative consortia o nearby districts, county oces o education (COEs), and

    charter schools, although some large districts have ormed their own independent SELPAs, and

    three SELPAs consist o only charter schools.

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    Te Excess Costs Associated With Providing Special Education Services Are Supported by

    Federal, State, and Local Funds. Schools receive billions o dollars to provide a basic educational

    programincluding teachers, instructional materials, academic support, and enrichment

    activitiesor allstudents, including SWDs. Te average annual costs o educating a SWD, however,

    are more than double those o a mainstream studentapproximately $22,300 compared to $9,600.(It is important to note that most SWDs require less severe, less costly services, whereas some

    students require intensive interventions that cost notably more than $22,300 per year.) Schools

    receive categorical unds to cover a portion o these additional, or excess costs, associated with

    addressing students disabilities. Because ederal and state special education unds typically are not

    sucient to cover the costs o all IEP-required services, however, schools spend rom their local

    unrestricted general unds to make up the dierence. In 2010-11, special education expenditures

    totaled $8.6 billion. State special education categorical unds covered the largest share o these costs

    (43 percent), combined with spending rom local general purpose unds (39 percent) and ederal

    special education unds (18 percent). Over the past several years, a combination o increasing special

    education costs and relatively fat state and ederal special education unding has resulted in local

    budgets covering an increasing share o these costs.

    Special Education Funds Allocated to SELPAs Based on Overall Student Population,

    Not Number o Disabled Students. Caliornia relies primarily on a census-based unding

    methodology that allocates special education unds to SELPAs based on the totalnumber o students

    attending, regardless o students disability status. Tis unding model implicitly assumes that

    SWDsand associated special education costsare relatively equally distributed among the general

    student population and across the state. Te amount o per-pupil unding each SELPA receives

    varies based on historical actors. In 2011-12, the weighted statewide average per-pupil rate was

    $645 per student (including both state and ederal unds). Aer receiving its allocation, each SELPAdevelops a local plan or how to allocate unds to the school districts and charter schools in its

    region based on how it has chosen to organize special education services or SWDs.

    Mixed Academic Outcomes or Disabled Students. Some perormance indicators suggest

    SWDs generally are perorming well, whereas other indicators are less encouraging. For example,

    perormance on standardized tests (including those specically designed or SWDs) has improved

    over the past several years, but a majority o SWDs still ail to meet state and ederal achievement

    expectations. As SWDs near the end o their time receiving speicial education services, data show

    that about 60 percent o SWDs graduate on time with a high school diploma and about two-thirds o

    SWDs are engaged productively aer high school (with about hal enrolled in an institute o higher

    education and 15 percent competitively employed within one year aer high school).

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    IntRODuCtIOn

    signicant areas o K-12 expenditures, supported by

    a combination o the single largest state categorical

    allocation, one o the biggest ederal education

    grants, and a substantial portion o local school

    budgets.

    Tis report is intended to provide the

    Legislature and public with an overview o the

    states approach to educating disabled students.

    It provides a primer-style reviewconveying

    inormation on special education laws, aected

    students, services, and unding. We also describe

    the academic outcomes o the students who receive

    these special services. Additionally, the end o thereport includes a glossary dening some common

    terms related to special education.

    Special education is the catch-all term that

    encompasses the specialized services that schools

    provide or disabled students. Policymakers

    might have several reasons or seeking a deeper

    understanding o the states approach to delivering

    special education. First, a notable shareroughly

    10 percento Caliornias K-12 students

    receive special education services. As such, the

    eectiveness o these services relates directly to

    the academic outcomes o almost 700,000 o the

    states children. Second, special education is one o

    the most complicated and regulated areas o K-12

    education, with multiple sets o ederal and statelaws governing how schools must provide services.

    Finally, special education is among the most

    WHAt IS SPECIAL EDuCAtIOn?

    Public Schools Must Provide Special Support

    or Disabled Students. Since 1975, ederal law

    has required public schools to make special

    eorts to educate disabled students. Revised andreauthorized as the Individuals with Disabilities

    Education Act (IDEA) in 2004, ederal special

    education law requires local educational agencies

    (LEAs) to provide specially dened instruction,

    and related services, at no cost to parents, to meet

    the unique needs o a child with a disability.

    (Troughout this report, we use the term special

    education to reer to both special instruction

    and related services, such as speech or behavioral

    therapy.) Tese services are in addition to what a

    nondisabled student receives. Te IDEA requires

    schools to provide these special supports to

    children with disabilities rom age 3 until age 22,

    or until they graduate rom high school, whichever

    happens rst. (Te IDEA also guarantees some

    early intervention services or inants and toddlers

    with developmental disabilities, but the states

    Regional Centers, not schools, typically are taskedwith providing these services.)

    Both Federal and State Laws Govern Special

    Education. Most special education requirements

    are contained in ederal law, although the state

    Legislature also has passed some additional laws

    governing how Caliornia schools must serve

    disabled students. Generally, state special education

    laws make relatively minor additions to the more

    substantial ederal requirements. For example,

    whereas the ederal entitlement or services ends

    on a students 22nd birthday, Caliornia law extends

    services or 22-year-old students through the end o

    that school term.

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    WHO RECEIvES SPECIAL EDuCAtIOn SERvICES?

    intereres with the students education. Federal law

    only requires schools to provide special education

    services to students who meet both o these

    criteria.

    Students IEPs Dene Teir Special Education

    Services. Once an evaluator recommends that

    special education services would be appropriate,

    a team o stakeholders come together to prepare

    an IEPan individualized written statement

    dening the services the LEA will provide or the

    student. Federal and state laws outline the IEP

    process, including setting timelines or completing

    and reviewing the plan (at least annually, butmore requently i a students needs change);

    speciying what the plan should include (described

    in Figure 1); and designating required IEP team

    participants. An IEP team typically includes the

    students parents, a school administrator, a special

    education teacher or service provider, the students

    general education teacher, the evaluator who

    determined the students eligibility or services,

    andwhen appropriatethe student. Te IEP

    becomes a legal document requiring the LEA

    to provide the services described or the SWD.

    (Troughout the remainder o this report, we use

    the term SWD to reer to disabled students who

    have ormally qualied to receive special education

    services.)

    Section 504 Plans Describe Noninstructional

    Accommodations. Some SWDs who need other

    special accommodations to ully participate in

    school activities may have a Section 504 Planin addition to, or instead o, an IEP. Section

    504 Plans, which also are ederal entitlements or

    eligible students, typically cover noninstructional

    modications like wheelchair ramps, blood sugar

    monitoring, or tape recorders or taking notes.

    Not all disabled children need special

    education services. Below, we discuss the process

    or identiying which students require special

    education services and the types o disabilities that

    commonly aect these students.

    How Do Schools Decide Which Sdes

    Reqire Special Edcaio Serices?

    Schools First Must ry to Meet Students

    Needs Within the General Education Program.

    A student cannot qualiy to receive special

    education services until aer the school has tried

    to meet his or her needs within the parameterso the general education program. Educators

    typically attempt a series o inormal strategies

    to address struggling students needs beore

    employing the ormal special education process.

    wo such approaches include Student Study

    eams (SSs) and Response to Intervention

    (RtI). Te SSa group that usually includes the

    students school-site administrator, teacher, and

    parenttypical ly discusses the students progress

    and identies in-class strategies or the classroom

    teacher to try. Te RtI is an instruct ional approach

    designed to identiy struggling students and

    provide interventions explicitly targeted to meet

    their needs.

    Schools Evaluate Whether Student Has

    Disability Tat Requires Special Education

    Services. I LEAs determine that general

    education programs cannot adequately meet

    a students needs, they next reer the studentor a proessional evaluation to see i he or she

    qualies to receive special education. Once the

    LEA makes the reerral and the parent consents,

    the law requires that the evaluation be conducted

    within 60 days. Te evaluator assesses whether the

    student has a disability and whether that disability

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    Students Attending Private Schools Also Are

    Entitled to Special Education Services. Students

    with disabilities attending private schools also

    have the right to access publicly unded special

    education services. Tose services, however,

    requently are provided in the public school setting

    and may be less extensive than what would be

    available i the student opted to enroll in public

    school ull time.

    Wha tpes o Disailiies Afec Sdes?

    Federal Law Has 13 Disability Classications.

    o be eligible or special education services under

    ederal law, students must have a primary disabilitythat alls into one o the 13 categories listed in

    Figure 2 (see next page). Te gure shows that

    about 686,000 SWDs ages 3 to 22 receive special

    education services in Caliornia. About 618,000 are

    in grades K-12, comprising about 10 percent o the

    states overall K-12 public school enrollment.

    Learning Disabilities Are Identied Most

    Frequently. As shown in the gure, 41 percent

    o the states SWDs and over 4 percent o all

    K-12 students are identied as having specic

    learning disabilities. Tese are disorders aecting

    one or more o the basic processes involved in

    understanding/using language or perorming

    mathematical calculations. (Dyslexia is one

    commonly identied learning disability.) Te

    next largest categoryspeech or language

    impairmentsaects almost one-quarter o

    SWDs. Autism aects 10 percent o SWDs. Rarer

    disability categories include students who are

    blind, dea, or have traumatic brain injuries.Students with these less common disabilities oen

    require more intensive and expensive special

    education services.

    Prevalence o Some Disabilities Has Changed

    Over Past Decade. Figure 3 (see next page) displays

    the number o Caliornia students identied in

    various disability categories over the past ten years.

    Figure 1

    Required Components of Individualized Education Programs

    9 Current Status. The childs present level o academic achievement and unctional perormance.

    9 Goals. Measurable annual goals or the childs academic and unctional perormance.

    9 Progress Measures. How progress towards meeting annual goals will be measured.9 Services to Be Provided. Special education and related services to be provided, such assupplementary services and/or program modifcations or the child. Details must include the projected

    beginning date, requency, location, and duration o the services to be provided.

    9 Inclusion in Mainstream Setting. The extent to which the child will/will not participate with nondisabledchildren in the regular class.

    9 Assessment Plan. Accommodations necessary or child to participate in state and district assessmentsor alternate assessments necessary to measure the childs academic achievement and unctionalperormance.

    9 Additional Considerations. As appropriate: employment or career goals, alternative course ostudy or grade promotion and high school graduation, plan or transitioning to general education or

    postsecondary activities, specialized equipment or transportation needs, goals or learning English, and/

    or extended school-year services.

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    Figure 2

    About 10 Percent o Caliornia Students HaveDisabilities Aecting Their Education

    2011-12

    Disability

    Number o

    SWDsaPercent o

    SWDs

    Percent o Total K-12

    Population

    Specic learning disabilityb 278,698 41% 4.4%

    Speech or language impairment 164,600 24 2.1

    Autism 71,825 10 1.0

    Other health impairmentc 61,843 9 0.9

    Mental retardation 43,303 6 0.5

    Emotional disturbance 25,984 4 0.4

    Orthopedic impairment 14,261 2 0.2

    Hard o hearing 9,991 1 0.1

    Multiple disability 5,643 1 0.1

    Visual impairment 4,327 1 0.1

    Dea 3,946 1 0.1

    Traumatic brain injury 1,771 d e

    Dea and blind 160 d e

    Totals 686,352 100% 9.9%a Refects students with disabilities (SWDs) ages 3 to 22 receiving special education services.b Includes disorders resulting in diculties with listening, thinking, speaking, reading, writing, spelling, or doing mathematical

    calculations.c Includes having chronic or acute health problems (such as a heart condition, asthma, epilepsy, or diabetes) that adversely aect

    educational perormance.d Less than 0.5 percent.

    e Less than 0.05 percent.

    Figure 3

    Prevalence of Some Disabilities

    Has Changed Over Past Decade

    50,000

    100,000

    150,000

    200,000

    250,000

    300,000

    350,000

    400,000

    02-03 03-04 04-05 05-06 06-07 07-08 08-09 09-10 10-11 11-12

    All Other

    Other Health ImpairmentaAutism

    Speech or Language Impairment

    Specific Learning Disability

    Students With:

    a Includes chronic or acute health problems that adversely affect educational performance.

    Te gure shows that

    while the prevalence o

    many disabilities has

    stayed relatively constant,

    the number o students

    identied with speciclearning disabilities

    has dropped by almost

    20 percent. In contrast,

    while the overall prevalence

    o autism and other

    health impairments still is

    relatively rare, the number

    o students diagnosed

    with these disabilities

    has increased notably

    over the past decadeby

    241 percent and 120 percent,

    respectively. While

    Caliornias identication

    rates vary somewhat rom

    other states, these general

    trends also are visible

    across the nation. Experts

    believe these changesare partially related to

    evolving diagnoses and

    instructional practices. For

    example, some children

    who might previously

    have been classied with

    learning disabilities now

    are receiving early and

    intensive instructional

    interventions and

    avoiding special education

    designations. Some o

    the trendssuch as

    the dramatic growth in

    autismremain more

    dicult to explain.

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    WHAt SPECIAL EDuCAtIOn SERvICES

    DO StuDEntS RECEIvE?

    100,000 200,000 300,000 400,000 500,000 600,000

    Specialized Academic Instruction

    Speech and Language Therapy

    Occupational Therapy

    College Awareness

    Career Awareness

    Adapted Physical Education

    Vocational Assessment

    Behavior Treatment Services

    Individual Therapy

    Most Common Special Education Services

    Provided to Students With Disabilities

    Figure 4

    Number of Students Receiving Servicesa

    a Some students may receive more than one type of service.

    Services or SWDs

    Vary Based on IndividualStudent Needs. Figure 4

    displays the most

    requently provided

    special education services.

    As shown, specialized

    academic instruction is

    the most common service.

    Tis category includes any

    kind o specic practice

    that adapts the content,

    methodology, or delivery

    o instruction to help

    SWDs access the general

    curriculum. Examples

    include one-to-one

    tutoring, specialized

    instruction in a separate

    classroom, or modied

    assignments. Othercommonly provided services include speech and

    language assistance, career and college awareness

    activities, and various types o therapies or

    physical and psychological needs that may be

    impeding a SWDs educational attainment.

    Older SWDs Receive Services to Help

    ransition to Adulthood. One o the IDEAs

    goals is to prepare SWDs or success in lie aer

    high school, when the ederal entitlement to

    special education services typically ends. As such,beginning when students are age 16, LEAs are

    required to develop specic services in IEPs to help

    SWDs prepare or the transition to postsecondary

    activities. ransitional services typically include

    vocational and career readiness activities, college

    counseling, and training in independent living

    skills. Te state provides some unding specically

    targeted or these types o activities, including the

    WorkAbility program and specialized Regional

    Occupational Center/Program services.

    WHERE ARE SPECIAL EDuCAtIOn SERvICES PROvIDED?

    Federal Law Encourages LEAs to Educate

    SWDs in Mainstream Settings. Federal law

    requires that SWDs be educated in separate

    settings only when the nature or severity o their

    disabilities is such that the regular educational

    environment is not practical, even with the use o

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    supplementary aids and services. Educating SWDs

    alongside their nondisabled peers oen is reerred

    to as inclusion or mainstreaming. Based on

    this principle o the least restrictive environment

    (LRE), around hal o Caliornias SWDs spend at

    least 80 percent o their time in regular classrooms.Tis rate is somewhat lower, however, than most

    other states. On average, about 60 percent o SWDs

    across the country spend at least 80 percent o

    their instructional time in regular classrooms.

    Accordingly, Caliornias annual ederal

    perormance review or special education has set a

    goal o increasing inclusion rates even urtherto

    at least three-quarters o SWDs being in the regular

    classroom or 80 percent o the day.

    Most SWDs Receive Specialized Services

    in Settings Other Tan the Regular Classroom.

    Rather than ocusing on student time, a somewhat

    dierent but related metric ocuses on the extent

    to which special education services are delivered

    in the regular classroom. One reason Caliornia

    ails to meet ederal LRE targets is that only about

    one-quarter o its special education services are

    delivered in the regular classroom. By comparison,

    about hal o specialized services are delivered at

    SWDs regular schools but in separate classrooms.

    Tese latter services consist o part-day pull-

    outs rom or supplements to regular classroominstruction (or students with less severe needs)

    as well as special day classes (or students who

    need more intensive accommodations). Students

    in special day classes typically spend most or all

    o their days in a specially designed instructional

    setting. Te remaining one-quarter o special

    education services are provided at locations other

    than the regular school. For students with very

    severe disabilities, services sometimes are oered

    at district-operated disability centers, specially

    certied nonpublic schools, or residential acilities.

    Other typical o-site locations include therapists

    oces. eachers and service providers who work

    with SWDs must holdor be supervised by

    someone who holdsspecial credentials rom the

    Caliornia Commission on eacher Credentialing.

    HOW IS SPECIAL EDuCAtIOnORGAnIzED In CALIFORnIA?

    In General, State Uses Regional Structure

    to Organize Special Education. Providing

    individualized services or SWDsparticularly or

    students with severe or low-incidence disabilities

    can be costly and dicult or individual LEAs,

    especially small LEAs with limited scal and

    stang resources. Because economies o scale

    oen improve both programmatic outcomes and

    cost-eectiveness, special education unding

    and some services typically are administered

    regionally rather than by individual school districts

    or charter schools. Te state distributes special

    education unding to 127 SELPAs, rather than to

    the approximately 1,000 LEAs in the state. State

    law requires that every school district, COE, and

    charter school belong to a SELPA.

    SELPAs Organized in One o Four Ways. As

    shown in Figure 5, LEAs have arranged themselves

    into our distinct types o SELPA congurations.

    Most (81) are consortia o nearby districts, COEs,

    and charter schools. In these consortia, one

    entityoen the COEis designated to receive

    unding, acilitate coordination, and meet state and

    ederal data reporting requirements. In contrast to

    the consortia model, 42 school districts, including

    many o the states largest, have opted to orm their

    own independent SELPAs. (A LEA must provide

    one-year notice i it plans to leave one SELPA and

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    join another, and it must receive approval rom

    the state in order to establish a new SELPA.) Tree

    SELPAsrun out o COEs in El Dorado, Los

    Angeles, and Sonoma countiesconsist exclusively

    o charter schools. Finally, one SELPA consists

    solely o court schools in Los Angeles County. Testates SELPAs vary notably in size. In 2011-12, the

    states largest SELPA (Los Angeles Unied) served

    almost 82,300 SWDs, while the smallest (Sierra

    County SELPA) served 44 SWDs.

    An Increasing Number o Charter Schools

    Participate in Charter-Only SELPAs. Charter

    schools can choose to organize special education

    services in three dierent ways: as a school o its

    authorizing school district, as an independent

    LEA member o a consortia SELPA, or as a

    LEA member o one o the three charter-only

    SELPAs. Charter schools that opt or LEA

    statuseither within a consortia SELPA or as a

    member o a charter-only SELPAassume legal

    responsibility or ensuring their SWDs receive

    the special services to which they are entitled

    under ederal law. Charter schools increasingly

    are opting or the third option. Te El Dorado

    County charter-only SELPA grew rom 23 charterschool members in 2008-09 to 138 charter school

    members in 2011-12. Tese schools are located

    across the

    state, not just

    in El Dorado

    County. Te

    Caliornia

    Department

    o Education

    (CDE) also is

    anticipating

    increased

    membership

    in the two

    more newly

    established charter-only SELPAs in Los Angeles

    and Sonoma counties.

    Consortia SELPAs Frequently Ofer Some

    Regionalized Services. While single-district

    SELPAs typically serve all o their SWDs directly,

    consortia SELPAs oen pool resources to oersome regionalized special education services on

    behal o member LEAs. For example, consortia

    SELPAs requently organize proessional

    development or teachers, preschool programs, and

    services or students with low-incidence disabilities

    at the regional level. Even i members o consortia

    SELPAs decide to provide some special education

    services on a regional basis, ederal law still holds

    each LEA ultimately responsible or ensuring

    SWDs are served appropriately.

    Charter-Only SELPAs Service Model

    ypically Difers From Regional Consortia

    SELPAs. Because charter-only SELPAs can include

    charter schools rom across the state, their service

    model typically diers rom those o traditional

    consortia SELPAs, which contain members rom

    the same geographic region. Specically, individual

    members o charter-only SELPAs typically run

    their own special education services, by eitherhiring or contracting with qualied sta. Some

    charter schools do seek economies o scale by

    Types of SELPA Arrangements

    Figure 5

    SELPA = Special Education Local Plan Area.

    Consortia Only Charter Schools Single District Only Court Schools

    81 3 42 1

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    orming special education service collaboratives

    outside o the traditional SELPA structure, either

    with other charter schools or nearby school

    districts. Unlike with traditional SELPAs, however,

    the COEs that administer charter-only SELPAs

    typically do not organize such collaborative

    arrangements.

    HOW IS SPECIAL EDuCAtIOnFunDED In CALIFORnIA?

    Special education is among the most signicant

    areas o K-12 expenditures. Below, we discuss the

    sources that und special education, how much

    special education services cost to provide, how the

    state distributes unds to SELPAs, and how SELPAs

    distribute unds to LEAs.

    Which Fdig Sorces

    Sppor Special Edcaio?

    Services Supported by Federal, State, and

    Local Funds. Special education services are

    subsidized by a combination o three unding

    sourcesederal, state, and local. Federal IDEA

    and state unds each are provided through discrete

    special education categorical grants. Te state grant

    (which is comprised o both state General Fund

    and local property tax revenues) counts towards

    the Proposition 98 school unding requirement.

    Te local contribution represents spending rom

    LEAs unrestricted general unds.

    How Mch Do Special Edcaio Serices Cos?

    Dedicated Special Education Funds Intended

    to Support the Excess Costs o Educating SWDs.

    Local educational agencies are allocated billions

    o dollars to provide an educational programincluding teachers, instructional materials,

    academic support, and enrichment activitiesor

    allstudents, including SWDs. o the degree their

    disabilities cause SWDs to require additional

    services beyond what mainstream students receive,

    LEAs use ederal IDEA and state special education

    categorical unds to provide such services. Tat is,

    ederal and state special education unds are not

    intended to support theullcosts o educating a

    SWDjust the excess costs resulting rom the need

    to address his or her disabilities. (See the nearby

    box or a discussion o this and another common

    misconception regarding local special educationexpenditures.) Because ederal and state special

    education unds typically are not sucient to cover

    the costs o all IEP-required services, local LEAs

    spend rom their local unrestricted general unds to

    make up the dierence.

    Average Costs o Educating SWDs More Tan

    Double Tose o Mainstream Students. Figure 6

    illustrates the concept o excess costs. Te gure

    shows that in 2010-11, LEAs spent an average o

    roughly $9,600 in total unds per nondisabled

    student and more than twice as much, about

    $22,300, per SWD. Te additional $12,700 to

    provide special IEP-required services or SWDs

    was supported by an average o about $2,300 in

    ederal unds, about $5,400 in state unds, and

    about $5,000 local unds. While $12,700 was the

    approximate statewide average excess cost or an

    SWD, it is important to note that most SWDs

    require less severe, less costly services, whereassome students require intensive interventions that

    cost notably more than $12,700 a year.

    Excess Costs o Educating SWDs Have Slowly

    Increased Over Past Several Years. Figure 7

    (see next page) displays total special education

    expenditures rom ederal, state, and local unds

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    between 2004-05 and

    2010-11, adjusted or

    infation. (While these

    data are sel-reported by

    LEAs and may contain

    some inconsistencies,they represent the best

    available proxy or

    calculating the excess

    costs associated with

    educating SWDs.) In

    2010-11, total special

    education expenditures

    were covered by

    $3.7 billion in state

    unds (including local

    property tax revenues),

    $3.4 billion in local

    general purpose unds,

    and $1.6 billion in ederal

    unds. As illustrated

    in the gure, infation-

    adjusted expenditures increased by an average o

    2 percent annually over the period, growing by a

    total o about 9 percent. Te increases likely are

    Figure 6

    Special Education Funds Support the Excess CostsOf Educating Students With Disabilities

    5,000

    10,000

    15,000

    20,000

    $25,000

    Nondisabled Students

    Statewide Average Spending Per Pupil, 2010-11

    Students With Disabilities

    aIncludes American Recovery and Reinvestment Act funding.IDEA = Individuals with Disabilities Education Act.

    Federal IDEAa

    State SpecialEducation

    Local GeneralPurpose

    Excess Costs

    TotalBase Support

    TotalBase Support

    Miscocepios Ao Ecroachme

    Some local educational agencies (LEAs) complain that local contributions or special education

    encroach upon their general education programs, sometimes implying that anylocal dollar spent

    towards educating a student with disabilities (SWD) imposes unair expenditure requirements on

    their general purpose budgets. Tis argument, however, is a mischaracterization o both ederal and

    state laws. Federal Individuals with Disabilities Education Act (IDEA) and state special education

    categorical unds never were intended to cover theullcosts o educating a SWDinstead the bulk

    o the regular education costs are intended to be covered using local revenue limit and categorical

    unding, just as or nondisabled students. Moreover, ederal IDEA and state special education

    categorical unds never were intended toullycover the excess costs o educating a SWDthe

    special education unding model always has been predicated on a three-way cost-sharing model,

    including local sources. Despite this basic design o the unding model, LEAs sometimes express

    rustration that their local share o special education costs is too high. Tis rustration tends to

    increase as their local share o special education costs increases, as this leaves them with ewer

    resources to serve other students.

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    due to a variety o actors, including the increasing

    prevalence o students with severe disabilities like

    autism who require more intensive and expensive

    services. Notably, adjusted expenditures dropped

    slightlyby 3 percentbetween 2009-10 and

    2010-11. Te gure also shows that the ederalgovernment provided additional short-term unds

    or special education through the American

    Recovery and Reinvestment Act (ARRA) in

    2009-10 and 2010-11.

    Local Budgets Have Covered an Increasing

    Share o Special Education Costs. Figure 8

    compares the proportion o special education

    expenditures covered by local, state, and ederal

    unds in 2004-05 and in 2010-11. As shown in the

    gure, the share o overall costs unded through

    local contributions grew rom 32 percent to

    39 percent, while the shares covered by state and

    ongoing ederal unds each declined. Tis is due

    to the combination o increasing overall costs and

    relatively fat state and ederal unding. Moreover,

    even i costs have remained fat in 2011-12 and

    2012-13 (years or which data are not yet available),

    the local share o costs likely has grown since LEAs

    have had to backll or the expiration o short-term

    ederal ARRA unds.

    Federal Share Has Never Reached IntendedContribution Level. As shown in Figure 8, ederal

    IDEA unds typically cover less than 20 percent

    o overall special education expenditures. Tis

    is notably lower than the amount the ederal

    government originally committed to provide in

    support o special education services. Te IDEA

    expresses intent to appropriate unding or each

    SWD up to 40 percent o the national average

    expenditure level per K-12 pupil, which would

    equate to roughly 40 percent o Caliornias overall

    special education expenditures. Te ederal budget,

    however, has never come close to providing states

    with this amount. We estimate that Caliornia

    would receive roughly $2 billion more annually i

    the ederal government were to ully und the

    intended level articulated

    in the IDEA.

    How Are FdsDisried o SELPAs?

    wo Distribution

    Models Exist. Across the

    nation, states generally

    use one o two approaches

    to distribute special

    education unding to the

    local level. Some use a

    cost-based model, with

    unding allocations driven

    by how many SWDs are

    served or the magnitude

    o special education costs

    incurred. In contrast,

    other states rely primarily

    on a census-based unding

    1

    2

    3

    4

    5

    6

    7

    8

    9

    $10

    04-05 05-06 06-07 07-08 08-09 09-10 10-11

    Figure 7

    Special Education Expenditures Have Slowly Increased

    IDEA = Individuals with Disabilities Education Act; ARRA = American Recovery and Reinvestment Act.

    a Includes local property tax revenues.

    (In Billions, Inflation-Adjusted 2010-11 Dollars)

    Local General Purpose

    State Special Educationa

    Federal IDEA ARRA

    Federal IDEA Ongoing

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    methodology that is not linked to particular

    SWDs. Under this model, the state allocates special

    education unds based on the totalnumber o

    students enrolled, regardless o students disability

    status. Tis unding model implicitly assumes

    that SWDsand associated special educationcostsare relatively equally distributed among the

    general student population and across the state.

    While the majority o ederal special education

    unds are distributed using a census-based model,

    the IDEA ormula does allocate a small portion

    (typically around 10 percent) o unds based on

    counts o economically disadvantaged students, on

    the assumption that this group contains a greater

    proportion o SWDs.

    Caliornia Now Uses Census-Based Model.

    Beginning in 1998-99, Caliornia switched rom

    a cost-based to census-based allocation model,

    which is commonly reerred to as the AB 602

    ormula aer the authorizing legislation. Since that

    change, more than three-quarters o state special

    education unds are allocated based on a SELPAs

    total average daily attendance (ADA), with the

    remainder distributed based on specic students

    and circumstances. In general, data support the

    incidence assumptions underlying the census-

    based approachthat is, most SELPAs do report

    serving proportionally similar numbers and typeso SWDs. (Charter-only SELPAs, however, tend

    to serve proportionally ewer SWDs than most

    traditional consortia or single-district SELPAs.)

    While SELPAs receive AB 602 unds based on

    overall ADA counts, they use them to support the

    IEP-driven excess costs o educating SWDs.

    Te AB 602 Formula Blends State and Federal

    Funds to Provide Each SELPA a Unique Per-Pupil

    Rate. Each SELPA has a unique per-pupil special

    education unding rate consisting o both state and

    ederal unds. Tese AB 602 rates vary across

    SELPAs rom about $500 per ADA to about $1,100

    per ADA, based primarily on what the SELPA

    received beore the AB 602 legislation was adopted.

    (In prior years the state invested some unding

    to equalize AB 602 rates, but large discrepancies

    Local Budgets Have Covered an Increasing Share ofSpecial Education Costs

    Figure 8

    17%

    51%

    32%

    2004-05

    Federal (ARRA)

    State Special Educationa

    Local General Purpose

    13%

    43%

    39%

    2010-11

    Federal IDEA (ongoing)

    5%

    a Includes local property tax revenue.

    IDEA = Individuals with Disabilities Education Act; ARRA = American Recovery and Reinvestment Act.

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    remain.) In 2011-12, the weighted statewide average

    AB 602 rate was $645 per ADA, with charter-only

    SELPAs having the lowest rates in the state. Te

    exact mix o ederal and state unds making up

    each SELPAs AB 602 rate varies based on a number

    o actors, however IDEA unds average about$180 per ADA, with state unds making up the

    dierence.

    State and Federal Funds Also Support

    a Number o Discrete Special Education

    Subprograms. Te AB 602 base allocationwhich

    in 2012-13 includes about $2.9 billion in state unds

    and $1 billion in IDEA moniesis the largest

    source o unding SELPAs receive or special

    education. Te SELPAs, however, also receive

    almost $1 billion in additional state and ederal

    special education unds targeted or more specic

    purposes. Te largest o these special education

    categorical programs allocates over $400 million

    or SELPAs to provide educationally necessary

    mental health services to SWDs. Other separately

    unded initiatives include services or inants and

    preschoolers with disabilities, vocational education

    programs or SWDs, and sta development. Some

    SELPAs also receive supplemental unding i theyhave sparse population density or i they are located

    near licensed childrens institutions (based on the

    assumption that these group homes will have

    higher rates o SWDs). In addition to SELPA-level

    grants, state and ederal unds support state-level

    special education activities, including compliance

    monitoring and technical assistance.

    How Are Fds Disried o LEAs?

    Consortia SELPAS Determine How to Allocate

    Funding Amongst LEA Members. Each SELPA

    develops a local plan or how to allocate unds in

    its region, based on how it has chosen to organize

    services. Tis process is relatively straightorward

    in the 42 single-district SELPAs, as they receive

    unding directly rom the state and oer or contract

    or services on their own. Te two-thirds o SELPAs

    that contain multiple LEAs work internally to

    decide how best to divvy up unding or all the

    SWDs in their region. Tese allocation plans dier

    notably across SELPAs based on local preerences

    and the service plans they have adopted. In most

    cases, consortia members opt to reserve someunding at the SELPA level to operate some shared,

    regionalized services, then distribute the remainder

    to LEA members to serve their own SWDs locally.

    In a slightly dierent approach, some consortia

    SELPAs choose to allocate essentially all unding

    to member LEAs, then und any regionalized

    services on a ee or service basis or those LEAs

    who choose to participate. (Because charter-only

    SELPAs do not usually oer regionalized services,

    they tend to distribute the bulk o AB 602 unds

    directly to member charter schools.) Te SELPAs

    are not required to use the states census-based

    AB 602 ormula to distribute unding to member

    LEAs. Rather, internal SELPA allocation plans can

    be based on ADA, specic student populations (or

    example, counts or characteristics o SWDs), or any

    other local priority or consideration.

    WHAt ARE tHE StAtE SPECIAL SCHOOLS?State Uses Diferent Model to Serve Some

    Dea and Blind Students. Like students with

    other disabilities, most hearing and visually

    impaired students attend and receive special

    education services rom their local school district

    or COE. Te state, however, also operates three

    specialized residential schools or dea and blind

    students. Te Caliornia Schools or the Dea in

    Riverside and Fremont each serve around 400

    students ages 3 to 22, totaling about 6 percent

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    local districts. In contrast to the SELPA unding

    model, these schools are unded through a direct

    state appropriationnot linked to the school s

    enrollmentat a rate that ar exceeds the amount

    SELPAs receive to serve comparable students.

    HOW ARE SPECIAL EDuCAtIOn LAWS

    MOnItORED AnD EnFORCED?

    wo Statutory Processes Help Ensure

    Compliance With Special Education Laws.

    While the IDEA was established to ensure all

    SWDs receive the special support they need tobenet rom their education, the best approach

    to meeting those goals or an individual SWD

    can be complicated, subjective, and contentious.

    Anticipating diculties and disagreements,

    ederal and state laws speciy two detailed

    processes or enorcing compliance with the

    IDEAone process to ensure LEAs include

    appropriate contentand services in students IEPs

    and another process to ensure LEAs appropriately

    implementIDEA processes and IEP-requiredservices. Disputes regarding the ormer are

    handled by the states Oce o Administrative

    Hearings (OAH), whereas the latter is monitored

    and enorced by CDE. (Te ollowing paragraphs

    describe each process in more detail.) Te ederal

    government unds Family Empowerment Centers

    and Parent raining Institutes to educate and

    assist parents o SWDs in supporting their

    children and navigating the legal and logistical

    acets o the special education system.

    Federal Law Provides Parents the Right to

    Dispute Which Special Education Services Teir

    Child Is Entitled to Receive. Sometimes parents

    and LEAs disagree over the contents o a students

    IEP. I parents ail to convince the IEP team that

    dierent or additional services are necessary

    to ensure their child receives an appropriate

    education, they can le a ormal complaint with

    the OAH to revise the IEP. Federal and state laws

    detail the dispute resolution process, typicallybeginning with dual-party resolution sessions,

    progressing to ormal mediation sessions with an

    OAH acilitator, and ultimatelyi necessaryto

    due process hearings with an OAH administrative

    law judge. Although the number o ormal cases

    led with OAH represents less than one percent

    o all SWDs, the dispute resolution process can

    be costly and contentious or both amilies and

    LEAs. Both parties thereore have incentives to

    avoid lengthy and litigious disagreements. O the

    roughly 3,100 dispute cases led with OAH in

    2011-12, only 3 percent ultimately were decided

    through a due process hearing and legal ruling.

    Te rest were resolved through mediation, settled

    beore the hearing, or withdrawn. Te state also

    provides small unding grants to some SELPAs

    to pursue alternative dispute resolution strategies

    and try to settle disagreements outside o the

    OAH process.

    Te CDE Monitors LEA Compliance With

    IDEA Requirements. Te CDE is tasked with

    investigating and resolving allegations that a LEA

    is ailing to comply with ederal or state special

    education laws. Parents, students, or teachers

    might le individual complaints, or CDE might

    identiy problems while conducting LEA reviews

    o the states dea and hard o hearing students.

    Te Caliornia School or the Blind in Fremont

    serves around 70 students, or about 2 percent o

    the states visually impaired students. Parents and

    IEP teams determine whether to send children

    to these schools in lieu o being served by their

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    and audits. Commonly cited complaints include

    LEAs ailing to provide IEP-required services or

    ailing to meet statutorily required timelines (such

    as timelines or evaluating students eligibility

    or services or holding IEP meetings). Te CDE

    tries to correct ndings o noncompliance

    by implementing corrective action plans and

    increasing monitoring.

    HOW DO CALIFORnIAS StuDEntS WItH

    DISAbILItIES PERFORM ACADEMICALLy?

    In addition to monitoring how well LEAs meet

    required special educationprocedures, ederal and

    state laws also hold LEAs accountable or SWDs

    academicperormance. Below, we provide outcome

    data on how SWDs perorm on state assessments

    and how prepared older SWDs are to transition toadult lie.

    How Do SWDs Perorm o Sae Assessmes?

    Federal and State Accountability Systems

    Based on Standardized Assessments. Te ederal

    and state governments each have established

    systems to hold schools accountable or student

    achievement. While the two systems are somewhat

    dierent, both require schools to measure

    the academic perormance o all students in

    grades 2 through 11regardless o disability

    statususing standardized assessments based

    on state content standards. (Caliornia uses the

    Standardized esting and Reporting, or SAR,

    assessments.) Additionally, each accountability

    system establishes perormance expectations

    both or overall school perormance and or the

    perormance o specic student groups within the

    school, including SWDs. (Te ederal system alsosets expectations or overall student perormance

    and SWD perormance at the LEA level.) Te

    ederal system sets Annual Yearly Progress

    (AYP) benchmarks whereby progressively higher

    proportions o students must reach academic

    prociency each year until 2014, at which point

    allstudents are to display prociency. For example,

    in 2011-12 the AYP target was or 78 percent o

    students to display prociency. (In Caliornia,

    students meet ederal prociency requirements i

    they score at the procient or advanced levels

    on the states SAR assessments.) Te LEAs and

    schools that ail to meet expectations or multipleyears ace increased monitoring and sanctions. In

    contrast to the ederal system that sets the same

    annual prociency requirement or all schools and

    LEAs, the states accountability systemknown as

    the Academic Perormance Index (API)requires

    individual schools to display annual improvements

    in student perormance relative to their prior-year

    perormance.

    Tree Options or SWDs to Participate

    in States Assessment System. Because

    academic outcomes understandably may vary

    depending upon the nature and severity o a

    students disability, both the ederal and state

    accountability systems al low some SWDs to

    meet perormance expectations using modied

    or alternate assessments. As shown in Figure 9,

    Caliornia has developed three dierent sets o

    SAR tests or SWDs to meet ederal and state

    testing requirementsthe Caliornia Standardsests (CSs), the Caliornia Modied Assessment

    (CMA), and the Caliornia Alternate Perormance

    Assessment (CAPA). Which assessment an

    individual SWD takes depends on the severity o

    his or her disability and the decision o the IEP

    team. Te selected assessment must be clearly

    dened in the students IEP. Te gure shows

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    that in 2011-12 almost hal o special education

    students in grades 2 through 11 took the CSs,

    although in many cases with IEP-specied

    accommodations or modications. (Such

    accommodations might include assistive devices,

    such as audio recorders or calculators, or havingan extended period o t ime to complete the test.)

    Slightly more than 40 percent o special education

    students, or about 4 percent o all students in

    grades 2 through 11, took the CMA. Only about

    10 percent o SWDsthose with the most severe

    cognitive disabilitiestook the CAPA.

    Te CMA Is a Unique Option or the States

    SWDs. Caliornia is one o only 15 states to

    have developed a special assessment or SWDs

    with moderate disabilitiesthe CMA. (Federal

    law requires states to develop an alternative

    assessment such as the CAPA or students with the

    most severe disabilities, but leaves it up to states

    whether to develop another a lternative or SWDs.)

    While the CMA covers the same grade-level

    content standards as the CSs, questions are

    presented in a more accessible ashion, including

    ewer questions and ewer possible answers,

    simplied language, more pictures, and larger

    type. o qualiy to take the CMA in lieu o

    the CSs, the IEP team must determine thatstudents cognitive disabilitiespreclude them

    rom accurately demonstrating their knowledge

    and achieving prociency on the CSs, even with

    testing modications. Te state rst administered

    CMA tests with prociency level standards or

    grades 3 through 5 in 2008-09, introducing

    tests or additional grades in subsequent years.

    Correspondingly, an increasing number o SWDs

    have taken the CMA in lieu o the CSs in recent

    years. (Specically, 20 percent o SWDs in grades

    2 through 11 took the CMA in 2008-09, compared

    to 42 percent in 2011-12.)

    Federal Accountability System Seeks to Limit

    Over-Reliance on Alternative Assessments. In

    an eort to ensure SWDs are held to the same

    Figure 9

    Three Options or Assessing Students With Disabilities (SWDs)

    Profciency in Meeting Caliornia Content Standards

    2011-12

    Test Description

    Number oSWDs

    Testeda

    Percent oTotal SWDs

    (Grades 2-11)

    CaliorniaStandards Tests

    (CSTs)

    Assess students prociency in Caliornia content standards or grades 2

    through 11. Taken annually by majority o students. Some SWDs allowed sometest-taking accommodations or modications.

    236,000 47%

    Caliornia

    Modifed

    Assessment

    (CMA)

    Covers same content standards as the CSTs but designed to be moreaccessible or SWDs (or example: ewer questions, simpler language, more

    pictures). Taken by students whose disabilities preclude them rom achieving

    grade-level prociency on the CSTs, even with accommodations.

    210,000 42

    Caliornia AlternatePerormance

    Assessment

    Presents a series o tasks designed to display prociency on those portions ocontent standards accessible to students with severe cognitive disabilities. The

    K-12 standards are grouped into ve grade-span levels, and the Individualized

    Education Program team decides which level is most appropriate or eachstudent to take. Taken by students whose disabilities prevent them rom

    participating in either the CSTs or CMA.

    48,400 10

    Totals 494,400 99%b

    a Displays counts or English Language Arts exams.b As with nondisabled students, a small percentage o SWDs do not take assessments, due primarily to absences or disenrollments.

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    high standards as mainstream students, the

    ederal government attempts to discourage states

    rom having exceptionally high proportions o

    SWDs take alternative assessments. While ederal

    law does not cap how many SWDs maytake

    the alternative assessments, the percentage oprofcient scores LEAs can count towards meeting

    ederal AYP benchmarks is limited to 2 percent

    o all students or the CMA and 1 percent or the

    CAPA. (I greater numbers o students take the

    tests and score at the procient level, their scores

    are counted as not procient.) In contrast to the

    ederal system, the states accountability system

    does not limit the share o students who may

    take the CMA or CAPA and have their associated

    scores count towards meeting annual API

    requirements.

    Perormance Has Improved, but Majority

    o SWDs Score Below Procient Level on State

    Assessments. Figure 10 displays the percentage

    o ourth-grade SWDs and nondisabled students

    that met ederally required prociency targets

    in English Language Arts over the past several

    years. (Te gure excludes results rom the CAPA,

    as they are not based on grade-level specic

    standards and thereore are not comparable.) Asshown, both groups have displayed improvements

    in recent years. Improvements or SWDs in

    recent years may be partially due to increasing

    proportions o students taking the CMA in lieu o

    the CSs. A majority o SWDs, however, still ail

    to meet ederal perormance standards with either

    test. In 2011-12, only 49 percent o SWDs who

    took the CSs scored at the procient or advanced

    levels. Tis compares to 68 percent o nondisabled

    students. Moreover, only 39 percent o the

    students who took the CMAwhich is specially

    tailored or SWDsmet prociency targets.

    Many Schools and Districts Struggle to

    Meet Perormance argets or SWDs. As might

    be expected given the

    perormance levels

    displayed in Figure 10,

    a majority o LEAs are

    ailing to meet ederalprociency requirements

    or their SWDs. In

    2011-12, only 11 percent

    o LEAs met ederal

    AYP benchmarks (that

    78 percent o students

    score procient or

    advanced in both

    English Language Arts

    and Mathematics) or

    their disabled student

    groups. Tis compares

    to 29 percent o LEAs

    that met this AYP

    Percent of Students Scoring Proficient or AdvancedOn Fourth Grade English Language Arts Assessments

    Figure 10

    10

    20

    30

    40

    50

    60

    70

    80%

    02-03 03-04 04-05 05-06 06-07 07-08 08-09 09-10 10-11 11-12

    CST: Nondisabled Students

    CST: Students With Disabilities

    California Modified Assessment

    CST = California Standards Test.

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    benchmark or their overal l student population.

    Schools perorm somewhat better on the states

    accountability system, but SWD gains still lag.

    In 2011-12, 52 percent o schools met state API

    growth targets or their SWDs, compared to

    67 percent that met the targets or their overallstudent populations. As described in the nearby

    box, however, these statistics exclude about hal o

    the states LEAs (or AYP) and almost 90 percent

    o schools (or AYP and API), as their populations

    o SWDs are deemed too small to report as

    discrete groups or accountability calculations.

    Wha Happes o SWDs Aer High School?

    Even With Exemption From Exit Exam

    Requirement, Many SWDs Struggle to

    Complete High School. o meet ederal testing

    requirements, all studentsincluding SWDs

    must take the Caliornia High School Exit Exam

    (CAHSEE) in 10th grade. State law also requires

    that most students pass the CAHSEE in order to

    graduate rom high school. However, in 2011-12

    only about 40 percent o SWDs passed the ex it

    exam as 10th graders, compared to 87 percent o

    nondisabled students. For the class o 2012, only

    56 percent o SWDs had passed the CAHSEE by

    the end o 12th grade, compared to 95 percent o

    nondisabled students. Because o such low passage

    rates (and an associated lawsuit), state law waschanged in 2009-10 to allow certain SWDs to

    receive diplomas without passing the CAHSEE.

    Specical ly, students IEPs or Section 504 Plans

    can explicitly exempt them rom the requirement

    to pass CAHSEE i they meet all other local

    graduation requirements. Te state currently is

    investigating alternative measures or SWDs to

    demonstrate the same content knowledge as the

    CAHSEE, but no new requirements have yet been

    adopted. Even with the CAHSEE exemption,

    Figure 11 (see next page) shows that only

    59 percent o SWDs graduate on time and almost

    one-h drop out o school.

    Data Suggest More Tan Hal o SWDs

    Successully ransition to College or Career

    Activities. As discussed earlier, the IDEA

    requires that LEAs oer plans and services to

    Sie thresholds Mea Majori o Disrics ad Schools

    no Held Accoale or Disaled Sde Grop Perormace

    Because a majority o the states local educational agencies (LEAs) and schools serve smaller

    populations o students, many o them are not subject to ederal and state accountability

    requirements and perormance benchmarks or students with disabilities (SWDs). Specically, to

    be held accountable or SWD group perormance under both the ederal and state systems, LEAs

    and schools must have valid test scores rom either (1) at least 50 SWDs who make up at least

    15 percent o the total number o valid scores or(2) at least 100 SWDs. I a school or LEA does not

    meet these thresholds, state law deems its SWD population too small to be numerically signicant

    or ederal Annual Yearly Progress (AYP) and state Academic Perormance Index (API) calculations.In 2011-12, 521 o the states 1,016 LEAs (51 percent) did not have numerically signicant groups o

    SWDs or AYP calculations. Even more notably, 8,759 schools out o 9,905 schools (88 percent) did

    not meet the threshold or calculating AYP or API targets or their SWDs. Tus, just over hal o

    the states LEAs and almost nine out o ten schools did not ace achievement targets, monitoring, or

    sanctions related to how their SWDs perormed.

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    help prepare SWDs or

    lie aer high school.

    While comprehensive

    inormation on these

    eorts is somewhat

    limited, data suggestmany SWDs are

    successully transitioning

    to postsecondary

    education and careers

    (some even without a

    high school diploma).

    Specically, CDE

    estimates that about hal

    o SWDs enroll in an

    institute o higher education aer high school. Te

    CDE estimates an additional roughly 15 percent o

    Figure 11

    Students With Disabilities (SWDs)Struggle to Complete High School

    Cohort Data for Class of 2010-11

    All

    Students SWDs

    Graduate high school in our years 76% 59%

    Drop out beore completing high school 14 18

    Remain enrolled past expected graduation date 9 19

    Receive GED or certifcate o completiona 1 4

    Totals 100% 100%a Certifcates o completion are oered to SWDs who have not met the requirements to receive a high

    school diploma, but have completed prescribed alternative courses o study or met the goals o theirIndividualized Education Programs. Students with certifcates o completion do not qualiy or admissionto postsecondary educational institutions.

    GED = General Educational Developmentthe high school equivalency test.

    SWDs are competitively employed within one yearo leaving high school.

    COnCLuSIOnDeveloping a more thorough understanding

    o how Caliornias disabled students are served is

    the rst step towards improving their educational

    outcomes. In this report, we provide a high-level

    review o special education laws, services, delivery

    models, unding ormulas, and outcomes. In

    almost all o these areas, special education is

    characterized by the complex interplay o policies

    and practices at the ederal, state, and local levels.

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    GLOSSARy OF COMMOn tERMS

    RELAtED tO SPECIAL EDuCAtIOn

    Term Acronym Description

    Assembly Bill 602unding model

    AB 602 Caliornia legislation passed in 1997 that implemented a census-based special educationunding model. The ormula allocates unding based on total K-12 student counts rather thanon the number o students identied to receive special education services.

    Behavioral

    Intervention

    Plan

    BIP A written document developed or students with serious behavior problems that signicantlyinterere with implementing IEP goals. The BIP becomes part o the IEP.

    CaliorniaAlternate

    Perormance

    Assessment

    CAPA State assessment designed or students with severe cognitive disabilities that preclude them

    rom taking the Caliornia Standards Tests (CSTs) or Caliornia Modied Assessment.

    Caliornia

    ModifedAssessment

    CMA State assessment designed or students whose disabilities preclude them rom achieving grade-

    level prociency on the CSTs, even with accommodations.

    Child Find Federal requirement that school districts identiy, locate, and assess all children in need o

    special education services, regardless o school setting or disability. Also reerred to as

    search and serve.

    Due process Due process requirements specic to special education outline the right o parents to participate

    inand challengetheir childrens special education assessments, identications, andplacements. These requirements speciy processes or handling disputes, including resolution

    sessions, mediation sessions, and hearings.

    Encroachment Colloquial term reerring to expenditures local school districts make rom their general unds to

    serve SWDs.

    Excess costs The dierence between the average expenditures or a SWD and those or a general education

    student.

    ExtraordinaryCost Pools

    ECPs Two allocations o supplemental state unding available to: (1) SELPAs that incur

    disproportionately high costs or students whose IEPs require placement in nonpublic schoolsand (2) exceptionally small SELPAs that incur high costs or students whose IEPs require

    placements based on educationally related mental health needs.

    Free andAppropriate

    Education

    FAPE Federal requirement that eligible students have the right to special education and related

    services at no cost to the parent.

    Individualized

    EducationProgram

    IEP A written statement describing the education program, including special services or

    accommodations, that a SWD shall receive. Pursuant to ederal law, the IEP is a legaldocument entitling the student to receive the services and accommodations it describes.

    IndividualizedEducation

    Program team

    IEP team Group typically consisting o a students parents, school administrator, special education

    teacher or service provider, general education teacher, the evaluator who assessed thestudents eligibility or services, andwhen appropriatethe student. Convened to develop,

    review, and revise an IEP.

    (Continued)

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    Term Acronym Description

    Individual FamilyService Plan

    IFSP Similar to an IEP but describes early intervention services or inants or toddlers with disabilities

    and their amilies.

    Individuals withDisabilities

    Education Act

    IDEA Federal law governing how states and public agencies must provide services to children with

    disabilities. Part B requires special education and related services or children ages 3 to 22.

    Part C requires early intervention services or children ages birth to 2 and their amilies.

    Least restrictive

    environmentLRE Federal requirement that, to the maximum extent appropriate, SWDs should be educated

    alongside nondisabled children. Incorporating SWDs into regular classrooms also is reerred

    to as inclusion and mainstreaming.

    Licensedchildrens

    institution

    (group home)

    LCI Residential acilities licensed by the state to serve six or more youth. Residents typically include

    oster youth (dependents o the state), wards o the court, and/or youth with serious emotionaldisturbances. Because children living in LCIs requently require special education and related

    services, SELPAs that contain LCIs within their region receive additional unding.

    Low-incidence

    disability

    LID Less commonly occurring disabilities such as hearing impairments, vision impairments, and

    severe orthopedic impairments.

    Nonpublic schoolor nonpublicagency

    NPS/NPA Private schools and other entities that are certied by the state to provide services to SWDs.

    Ofce o

    Administrative

    Hearings

    OAH State agency designated to provide mediation and hearing services in special education dueprocess cases.

    Reerral Formal request to identiy and assess a childs possible special education needs. A reerral

    may be made by a parent, teacher, medical personnel, or anyone with specic knowledge o

    the child. Triggers ederally required timelines or conducting assessments and holding IEPmeetings.

    Related services Developmental, corrective, and other supportive services as required to assist SWDs in

    beneting rom special education. Services can include (but are not limited to): speech-language pathology and audiology services, psychological services, physical andoccupational therapy, and counseling.

    Response to

    InterventionRtI Tiered process o instruction designed to identiy struggling students earlybeore reerrals to

    special educationand provide targeted instructional interventions.

    Section 504 Plan Individualized plans detailing accommodations necessary to meet the special needs o disabledstudents. Unlike IEPs, which govern the provision o specialized educational services,

    Section 504 plans (required under the ederal Rehabilitation Act, not IDEA) typically concernnoninstructional accommodations.

    Special education Specially designed instruction to meet the unique needs o a SWD.

    Special EducationLocal Plan Area SELPA Collaborative o one or more school districts, county oces o education, and/or charter schoolsthat coordinate to provide special education services or SWDs in their service area.

    Special day class SDC Special classes that serve pupils with severe disabilities whose more intensive educational

    needs cannot be met in regular classrooms. Typically located on a regular school campus.

    (Continued)

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    Term Acronym Description

    Specifc learning

    disability

    SLD Disorder aecting one or more o the basic processes involved in understanding/using language

    or perorming mathematical calculations. Most common disability diagnosis or students

    receiving special education services. Dyslexia is one commonly identied SLD.

    State Special

    Schools

    SSS Three state-run residential schools or dea and blind students: the Caliornia Schools or the

    Dea in Riverside and Fremont, and the Caliornia School or the Blind in Fremont.

    Students withdisabilities

    SWDs Term used to reer to disabled students who have ormally qualied to receive special educationservices covered under the IDEA.

    Student SuccessTeam or Student

    Study Team

    SST A team o educators convened at the request o a classroom teacher, parent, or counselor,that designs in-class interventions to meet the needs o a particular student prior to a special

    education reerral or development o an IEP.

    Transitionservices

    Federal requirement that IEPs or SWDs ages 16 and older include a coordinated set o servicesto improve the transition rom secondary education to postsecondary education, work

    programs, and/or independent living.

    WorkAbility

    Program

    State vocational education program that provides grants to about 300 middle and high schools

    to oer pre-employment skills training, employment placement, work-site training, and ollow-up services or SWDs.

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    LAO Publications

    This repo rt was prepared by Rachel Ehlers and reviewed by Jennier Kuhn. The Legislative Analysts Ofce (LAO) is a

    nonpartisan ofce that provides fscal and policy inormation and advice to the Legislature.

    To request publications call (916) 445-4656. This repo rt and others, as well as an e-mail subscription service,

    are available on the LAOs website at www.lao.ca.gov. The LAO is located at 925 L Street, Suite 1000,

    Sacramento, CA 95814.

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