Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Mandated Costs topic
No spam. Unsubscribe anytime.
Board approves settlement accepting statewide behavioral-intervention mandate reimbursement
Summary
The board approved a resolution to accept terms of a statewide settlement on the behavioral intervention plans mandated-cost claim, which provides $520 million in state general-fund reimbursement and includes both one-time retroactive funds and ongoing increases to special-education funding.
The Board of Education voted to approve terms of a pending statewide settlement of the behavioral intervention plans mandated-cost claim and to authorize the superintendent to sign a required waiver by Feb. 28, 2009. David Wax read the resolution, which summarized the settlement negotiated between the state and claimants.
Key terms read into the record include a $520,000,000 settlement in general-fund reimbursement to be allocated statewide, with specific allocations for school districts, county offices of education and SELPAs. The resolution states the settlement would: allocate $510 million to school districts (based on 2007-08 average daily attendance), provide county-office payments and SELPA allocations in 2010, and add a permanent increase to the AB 602 special-education funding base (a cited $65,000,000 pool leading to an estimated $600,000 annual increase for San Francisco rolled into the base starting 2011-12).
District recommendation and board action: District administrative staff recommended approving the settlement and waiving rights to future claims under the current statute unless the statute changes. Board discussion clarified that 85% of districts statewide must accept the waiver for distribution to proceed; staff said the settlement would provide a one-time discretionary payment to San Francisco and multi-year installments totaling $4,501,800 over six years under one line item read in the resolution. Board members supported approval, noting the settlement's benefit to districts that cannot individually litigate long-term claims.
Vote and outcome: The resolution was read, discussed, and then approved by roll call. Board members thanked legal partners and staff for pursuing the long-running case.
Why it matters: The settlement addresses long-pending disputes over state mandates affecting special-education services and shifts a combination of retroactive and ongoing funding to districts. Approval commits the district to a waiver of future claims under the current statute unless the law changes.
