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Major milestone met in BIP settlement 

Major milestone met in BIP settlement
Increased special ed funding to flow to schools

CSBA is very pleased to announce that a major milestone has been met in the Behavioral Intervention Plan [Hughes bill] settlement. Our Education Legal Alliance has received endorsement of the settlement from every one of the state's county offices of education and special education local plan areas, and close to 95 percent of the state’s school districts. We thank all of the districts, COEs and SELPAs for their overwhelming support.

In these tough fiscal times, the BIP settlement represents a great victory for California public education – one that would not have been possible without the leadership and funding provided by CSBA’s Alliance. The settlement provides for $65 million in increased funding for SELPAs, subject to cost-of-living adjustments. In addition, districts will receive $510 million, payable in $85 million annual installments over six years, starting in 2011–12 and ending in 2016–17 (based on 2007-08 P2 ADA). Also, in 2009–10, an additional $7.5 million will be paid to COEs and SELPAs.

The settlement is contingent on three events: first, obtaining the endorsement of LEAs, which has been accomplished; second, obtaining trial court endorsement, hoped to be received by the end of March; and third, enactment of legislation making the settlement terms law and appropriating the necessary funds. To meet this third step, Assembly Member Tom Torlakson has introduced AB 661, which includes the proposed settlement language. Once the legislation is enacted, assuming court endorsement, the state will pay the agreed upon funding amounts.

If your district is one of the 40 that has not approved and sent a signed waiver to CSBA, it’s not too late to act. The Education Legal Alliance is still striving for 100 percent approval. The waiver and background on the BIP settlement can be found on CSBA’s Web site at: http://www.csba.org/LegislationAndLegal/Legal/ELAUpdates/BIP.aspx. If you have any questions, please contact Dick Hamilton, director of the Education Legal Alliance, at (800) 266-3382 or dhamilton@csba.org.