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ERIC ED449618: Special Education Facilities Funding Report: An LAO Report. PDF

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DOCUMENT RESUME EC 308 224 ED 449 618 Guyer, Christopher AUTHOR Special Education Facilities Funding Report: An LAO Report. TITLE California State Legislative Analyst's Office, Sacramento. INSTITUTION 2000-01-03 PUB DATE NOTE 17p. California State Legislative Analyst's Office, 975 L Street, AVAILABLE FROM Suite 1000, Sacramento, CA 95818; Tel: 916-445-2375; Web site: http://www.lao.ca.gov. Descriptive Reports Numerical/Quantitative Data (110) PUB TYPE Evaluative (142) Reports (141) MF01/PC01 Plus Postage. EDRS PRICE Block Grants; Categorical Aid; *Disabilities; *Educational DESCRIPTORS Facilities; *Educational Finance; Elementary Secondary Education; Expenditure per Student; *Finance Reform; Financial Needs; Financial Support; Grants; School Buildings; School Funds; Special Education; *State Aid; *State School District Relationship *California IDENTIFIERS ABSTRACT This report reviews the method and level of funding for special education facility needs in California and recommends modifications. It begins by summarizing special education programs, describes classroom needs, and finally discusses past and present facilities funding methods. A discussion of various options for funding special education facilities follows, along with a recommendation for funding new construction and modernization projects. The review found that local authorities should be given the responsibility to provide the facilities required to educate all of their pupils while minimizing state and local administrative costs; that the grant levels adequately address special education facility needs except for special day classes; that classification of special day class pupils as "severe" and "nonsevere" does not accurately reflect the facility needs of the population; and that a reasonable methodology is needed to provide for new construction and modernization to Medical Therapy Units. Based on the (1) establish a uniform facility grant review, the legislature is urged to: (2) establish a separate facility grant for county offices of for all pupils; education; and (3) require county offices of education to provide local matching funds except in financial hardship cases and establish a revolving loan fund to assist county offices in providing local matching funds. (CR) Reproductions supplied by EDRS are the best that can be made from the original document. EC 00 Speda_ Educc2agon part Fad Fundno) ehle§ (6. This report is in response to Chapter 407, Statutes of 1998 (SB 50, Greene), which directed, our office to review, in conjunction with the Departments of Finance and Education, the method and level of fund- ing for K-12 special education facility needs and recommend modifica- tions, as appropriate. The type of facility needed varies depending on the special education program and pupil disability. Programs include designated instruction, resource specialist, special day class, and nonpublic school. 1A0 Auktop Local authorities should be given the responsibility to provide the facilities required to educate all their pupils while minimizing state and local administrative costs. The grant levels in Chapter 407 adequately address special educa- 00% tion facility needs except for special day classes. This is because a portion of the special day class population will require higher cost PERMISSION TO REPRODUCE AND DISSEMINATE THIS MATERIAL HAS facilities such as toilet rooms and daily living space in the classroom. BEEN GRANTED BY Classification of special day class pupils as "severe" and "nonsevere" does not accurately reflect the facility needs of the population. TO THE EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) A reasonable methodology to provide for new construction and modernization of Medical Therapy Units. Based on our review, we recommend that the Legislature: Establish a uniform facility grant for all pupils. This will stream- 03) line the funding process, maximize local flexibility to provide fa- cilities needed to serve all their pupils, and minimize state and EDUCATION U.S. DEPARTMENT OF Improvement Office of Educational Research and local administrative costs. EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) 12( This document has been reproduced as received from the person or organization Establish a separate facility grant for county offices of education originating it. to 0 Minor changes have been made in recognition of the special education pupils served at county improve reproduction quality. facilities. in this Points of view or opinions stated document do not necessarily represent official OERI position or policy. Require county offices of education to provide local matching funds 000 except in financial hardship cases. The Legislature should estab- lish a revolving loan fund to assist county offices in providing local matching funds. January 3, 2000 2 [INTRODU [ION This report is in response to the requirement in For purposes of determining the state's total funding for a project (the number of pupils times Chapter 407, Statutes of 1998 (SB 50, Greene) that the Legislative Analyst, in conjunction with the grant amount per pupil), existing classrooms the Departments of Education and Finance, are assumed to accommodate an average of 25 review the method of funding the construction pupils in grades K-6 and 27 pupils in grades 7-12. and modernization of school facilities for special In adopting this new program, the Legislature education pupils. These pupils are individuals recognized that the grant amounts and the as- between birth and age 22 who have exceptional sumed average number of pupils per classroom education needs because of various physical, did not adequately account for the classroom mental, or emotional conditions. Consequently, needs of pupils in special education. Conse- there is a need to provide a portion of these pupils quently, Chapter 407 includes a provision for the a classroom setting that differs from the regular State Allocation Board to adopt interim measures classroom. This report addresses the different for determining state grants for special education classroom needs and recommends a streamlined classrooms. The board has adopted interim process for state funding consistent with the new measures that provide state grants ranging from funding program established by Chapter 407. about $2,500 to $15,000 (rather than the $2,300 to $7,300 range of the regular program). Chap- New State Program for ter 407 stipulates that the board's interim mea- Funding K-12 Construction sures are to remain in effect until July 1, 2000 and Chapter 407 established a new state program are then to be changed taking into consideration for assisting in the funding of K-12 school facilities. the recommendations in this report. The new program provides state funds on a per- pupil basis for both the construction of new Review of the Program schools and modernization of existing schools. In conjunction with staff from the Departments These grants currently range from about $2,300 to of Education and Finance, we reviewed special $7,300 depending on whether (1) the project is education programs and facilities throughout the for modernization or new construction and (2) the state. This included meetings with State Allocation facilities are for elementary, middle, or high school Board staff and with facilities and program special- purposes. Grants are based on the state providing ists at both the state and local levels, site visits to 50 percent of the cost for new construction and several special education facilities across the state, 80 percent for modernization. The grants can be and a statewide survey of Special Education Local increased to 100 percent if a local school demon- Plan Area administrators to obtain information on strates an inability to provide its share of the cost. programs and associated facility needs. In addi- 2 ;, Legislative Analyst's Office tion, consideration was given to an advisory report classroom needs, and (3) a discussion of the past that was prepared by a special education facilities and present facilities funding methods. These are followed by a discussion of various options for committee convened by the State Department of funding special education facilities, along with our Education. The draft report developed from the recommendation for funding new construction above activities was then discussed with staff from the Departments of Education and Finance. and modernization projects. In this report, we provide (1) a summary of special education programs, (2) an overview of §FEEOAL EDUCATION PROGRAMS Consistent with these requirements, the Califor- Special education programs are provided throughout California's K-12 public education nia Master Plan for Special Education requires system for individuals from birth to age 22 who schools to assess each pupil's educational needs and consider a range of options to provide the have exceptional education needs because of various physical, mental, or emotional conditions. appropriate program for each pupil. The master plan, implemented statewide in 1980 with the Program Background enactment of Chapter 797, Statutes of 1980 Federal law defines the disabilities that qualify a (SB 1870, Rodda), established an areawide ap- child for special education and mandates school proach for delivering special education services. responsibilities and parental rights. Federal law These areas, called Special Education Local Plan sets out three basic principles that apply to chil- Areas (SELPAs), are administered by local school dren with disabilities: officials and are responsible for assuring that the necessary range of educational programs are All children with disabilities must be available to the pupils in their area. The SELPAs provided a free, appropriate education. range in area of responsibility from multicounty to Each child's education must be deter- a single school district. For example, of the 116 mined on an individualized basis and SELPAs in 1998-99, 3 were multicounty; 33 were designed to meet his or her unique needs countywide; 48 were multidistrict; and 32 were in the least restrictive environment. single district. These SELPAs covered all of the 997 K-12 school districts and 58 county offices of The rights of children and their families education operating that year. must be ensured and protected through procedural safeguards. 3 Current Program Funding From 1980-81 through 1997-98, school districts In view of the concerns over program cost- received funding for special education based on based funding, the Legislature established a new the educational program (such as special day funding method with the enactment of Chap- classes, designated instruction and services, ter 854, Statutes of 1997 (AB 602, Poochigian and resource specialists, and nonpublic schools) in Davis). Under this program a specific amount of which each pupil was placed. In order to obtain funding for special education is provided based on state operating funds, a district was required to the total number of all pupils enrolled in a SELPA identify the disability and placement setting for rather than the number of special education pupils each special education pupil. Over time, this enrolled in specific educational programs. School funding mechanism was considered an unduly districts are no longer required to identify either complex and inequitable system that restricted the number or placement of special education local decisions and innovation. In addition, the pupils for state funding purposes. The funding for program's cost-based funding tended to encour- special education is provided directly to SELPAs age placement of pupils in programs that resulted rather than school districts. Each SELPA is respon- in receiving more state funding but were not sible for distributing the special education funds in necessarily the most appropriate placement for a manner consistent with the educational pro- the pupil. grams and needs of the pupils within the SELPA. ACEME5 NEEDS 5PEOAL EIDUCATION A variety of program placement options are "pull-out" basis in a separate classroom. The program can include speech, vision, audiological, available for special education pupils. Program counseling, and health servicesdepending on placement coupled with the nature of the special pupil needs. Instruction is provided by a regular education pupil's disability results in a variety of class teacher, special class teacher, or qualified classroom facility needs. These program place- resource specialist teacher. Based on discussions ments and associated classroom facility needs are with staff of the State Department of Education discussed below. and State Allocation Board, adequate facilities are Designated Instruction and Resource Special- provided for these programs through the basic ist. These services are offered either on an indi- K-12 regular education grant amount provided vidual basis or in a small group setting. Pupils under Chapter 407. Consequently, a funding spend the majority of the school day in the regular adjustment for special education is not necessary classroom, with additional services provided on a for these services. 4 tie Legislative Analyst's Office Special Day Class. Special education pupils Medical Therapy Units. Depending on their whose needs are not best met through a regular physical disability, some special education pupils education program with supplemental services may need occupational and/or physical therapy. (such as the designated instruction or resource This need is separate and independent of the specialist program) are placed in special day education program placement of the pupil. Fre- classes, where they spend the majority of the day. quently, therapy services are provided at a school Classroom facilities for these programs can vary in areas such as multipurpose rooms, gymnasiums, significantly depending on the educational pro- and outdoors. At times, however, when there are gram and the severity of the pupil's disability. The sufficient number of pupils in a SELPA that need higher cost for some of these classrooms is the these services, a separate facility known as a primary reason why an adjustment to the basic per- Medical Therapy Unit (MTU) may be needed. The pupil construction grant is made. facility required for an MTU can range from a large classroom to a multiroom complex, depend- Nonpublic Schools. In cases where a public ing on the number of pupils served and the school cannot effectively or efficiently run any of therapy required. Funding for these highly special- the three programs listed above, services can be ized facilities is not part of the Chapter 407 per- obtained by contracting with a private, nonpublic pupil grant. school. These nonpublic schools must be licensed pursuant to the Education Code. A SELPA enters Enrollments in Special Education into a contractual agreement with the private Figure 1(see page 6) summarizes enrollment in school to provide the special education pupil the special education and total K-12 enrollment from appropriate educational program. The necessary December 1, 1996 through December 1, 1998. classroom facilities are the responsibility of the As the figure shows, enrollment in special educa- private school and are not part of the state school tion has steadily increased both in total number facilities program. and as a percent of K-12 enrollment. Figure 1 also shows the placement of special education pupils State-Operated Programs. This option includes in each of the programs over the last three years. placing pupils in the state-operated School for the It indicates that nearly all special education pupils Blind in Fremont and the Schools for the Deaf were placed in either designated instruction/ located in Riverside and Fremont. These programs resource specialist programs (about 67 percent) are provided in state-owned facilities. These and special day classes (about 30 percent). facilities are funded through the state's annual budget process along with other state capital Pupils with a given disability may be placed in outlay needs and are not part of the state school any of the available programs, depending on the facilities program. educational need and the least restrictive environ- 6 Figure 1 Special Education Enrollment and Placement 1996 Through 1998 . (December 1 Pupil Count, Ages 0-22) 1998 1997 1996 Percent Percent Percent of Total Enrollment of Total Enrollment of Total Enrollment 23.4% 147,389 23.9% 145,573 24.1% 142,274 Designated instruction 43.7 274,549 43.4 264,906 43.2 Resource specialist 254,511 191,954 30.5 30.3 184,579 178,246 30.3 Special day class 12,007 11,679 1.9 1.9 10,715 Nonpublic school 1.8 2,949 0.5 0.5 3,300 0.6 3,533 State-operated programsa Totals, Special Education 100.0% 100.0% 628,848 610,037 100.0% 589,279 Totals, K-12 Enrollment 5,844,111 5,727,303 5,612,965 Special Education, Percent of K-12 Enrollment 10.8% 10.7% 10.5% a Includes pupils in State Development Centers and Department of the Youth Authority institutions. grants. In addition, the unique need for MTUs is ment for the particular pupil. For example, in 1999 not addressed in the regular education per-pupil there were 14,527 orthopedically impaired special grant. Thus, in the balance of this report, we education pupils, placed as follows: 3,855 in desig- address the facility needs and funding for special nated instruction/resource specialist programs, day classrooms and MTUs, and our recommenda- 10,581 in special day classes, 87 in nonpublic tion for adjusting state funding grants to provide schools, and 1 in a state-operated program. these facilities. As discussed above, about 70 percent of the special education pupils are enrolled in designated Facility Needs of Special Day Classrooms instruction/resource specialist programs, state- In general, even though the number of pupils in operated programs, or nonpublic schools. Facili- a special day class is about half the number in a ties for these programs are provided for either regular classroom, a special day classroom needs through the Chapter 407 regular education per to be larger. This is because more space is gener- pupil grant, the state budget, or private funds. The ally needed for (1) storing wheelchairs and other remaining 30 percent of special education pupils mobility equipment, (2) daily living skill areas are enrolled in special day classes. Facilities for (such as a kitchen), and (3) toilet rooms with special day classes are not adequately addressed direct classroom access. Of course, the need for in Chapter 407's regular education per-pupil these additional spaces varies considerably de- 6 6 Legislative Analyst's Office Past and Present Funding Methods pending on the nature of the pupils. As a result, all Lease Purchase Program. Between 1976 and special day classrooms do not need each type of 1998, special day class needs were determined by extra space. In those cases where spaces such as (1) classifying disabilities as "severe" or toilet rooms or kitchens are required, the cost to "nonsevere," and (2) assigning a classroom size, construct the special day classroom will be higher the number of pupils per classroom, and an than a regular classroom. On the other hand, allowable cost per classroom. The Office of Public special day classrooms that are simply somewhat School Construction in the Department of Gen- larger with more storage space are only marginally eral Services prescribed unit cost standards for more costly. The state construction grant program various types of construction and facility use. should take into account the significant differences in Figure 2 summarizes the factors used to determine these facility needs and associated construction cost state funding levels. As shown in the figure, the differences for special day classrooms. .Figuer Lease-Purchase Program Special Day Class Basic Needs 1976 Through 1998 . . ., Number of COSt Per Classroom Size Pupils Per Square Foot Grade Classroom (Square Feet) Level (April 1998)a Nonsevere Disability Specific learning disability All 1,080 $83.10 12 Mildly mentally retarded All 83.10 1,080 12 Severe disorder of language All 1,080 10 92.51 Severe Disability 13 Deaf and hard of hearing All 1,080 10 Visually impaired All 1,330 $89.38 10 Orthopedic or other health impaired 2,000 All 83.10 12 Autistic 89.38 All 1,160 6 Severely emotionally disturbed All 1,160 89.38 6 Severely mentally retarded Elementary 89.38 1,750 12 Severely mentally retarded Secondary 2,150 89.38 12 Developmentally disabled 2,000 All 89.38 10 b Deaf/blind, multihandicapped All 1,400 5 a Cost data are for Class B constructionconcrete/steel framingas of April 1998. b Data not available. 7 struction, a district receives a $5,764 grant for number of pupils per classroom ranged from five each special education pupil classified as for multiple handicap pupils to 12 for orthopedi- nonsevere-10 percent higher than the grant for a cally impaired pupils. Classrooms ranged from regular education pupil. For each K-6 pupil classi- 1,080 square feet to 2,000 square feet and in- fied as severe, the grant is $10,480double the cluded special needs such as toilet facilities, extra amount for regular education pupils. Consistent storage space, and daily living skills development with Chapter 407, if a district can demonstrate an areas. inability to match the state fundscalled a hard- Current School Facilities Program. Under ship casethe state will provide both the state and Chapter 407, the State Allocation Board has district share. The State Allocation Board's regula- adopted interim regulations to provide state funds tions do not require county offices of education for special education facilities. These regulations to meet the same hardship criteria as districts, and continue the practice of classifying disabilities as in most cases counties qualify for 100 percent severe and nonsevere, but funding is based on a state funding. per-pupil grant rather than an allowable cost per classroom. Under the regulations for new con- PTIONS FOR FUNIINNG CONSTRUCTION ?MAI. DAY CLASSROOMS OF Local administrative costs to obtain state In considering alternative methods for funding grants should be kept to a minimum. special day classrooms, we used the following basic principles: Keeping these principles in mind, we considered the options discussed below for funding new Local officials should have maximum construction and modernization. flexibility to construct the facilities they need to properly serve their pupils. We also assessed the State Allocation Board's current nonsevere and severe grant amounts to Funding for construction should not determine if the grants are at a reasonable level. encourage the reporting of pupils by The board established the special education grants disability category in order to maximize based on actual project cost information and from state funding for a project. testimony received during development of the There should be minimal state administra- interim regulations. In our judgment, the grant tive review and associated costs. levels are reasonable and adequately provide for 8 a Legislative Analyst's Office Maintain the State Allocation Board's the necessary special day classroom facilities. Current Method and Level of Funding However, the use of pupil classifications as "se- This option would make permanent the board's vere" and "nonsevere" does not necessarily reflect temporary regulations, which are now in place. It the need to construct more costly classrooms. would continue the practice of linking types of Our review indicates that approximately 80 per- disabilities to facility needs and would require cent of the special day class enrollment requires applicants (K-12 districts and county offices of somewhat larger classrooms and additional education) to identify the number of pupils in the storage space. This type of space is provided categories of severe and nonsevere. Applicants through the board's 10 percent increase in the would also need to identify the number of class- per-pupil grant. The other 20 percent of enroll- rooms currently available for each category and ment requires the higher cost classrooms that demonstrate a need for additional classrooms by include a larger classroom, additional storage, and category based on an assumed number of pupils high cost facilities such as toilet rooms and kitchen per classroom. For this purpose, the board as- space. These classrooms are the basis for the sumes 25 pupils per classroom for grades K-6 and board's 100 percent increase in the per-pupil 27 pupils for grades 7-12. Once the capacity for a grant. These ratios (80 percent and 20 percent) of school has been determined, state funding would classroom needs were used in assessing the be provided based on the number of "unhoused" adequacy of the funding levels that would result pupils in each category. The per-pupil grants from each of the four options discussed below. currently authorized under these regulations are The following four options for funding new shown in Figure 3 (see page 10). construction and modernization are discussed This option does not meet the basic principles below. in several ways. Local administrative costs are not Maintain the current method and level of minimized because of the need to maintain funding. records and report categories of pupil disabilities. This was not an additional administrative burden Maintain the current method and increase in the past because this information was required the level of funding. for state funding of the operating budget. How- Provide a single grant for all special day ever, with the operating budget changes discussed class pupils. earlier in this report, this information is no longer needed by the state. In fact, requiring these data Provide a single grant for all pupils includ- for construction funding runs counter to the ing nonspecial day class pupils. emphasis in the operating budget of funding based on total enrollment (regular and special 9 0

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