Opinion No. (2006)

BILL LOCKYER Attorney General SUSAN DUNCAN LEE Deputy Attorney General THE HONORABLE HECTOR DE LA TORRE, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions: 1. When the responsibility for operating a special education program is transferred from a county superintendent of schools to a school district, may the county superintendent of schools retain the property tax revenues previously allocated to fund the program? 2. If the county superintendent of schools may retain the property tax revenues previously allocated for operating a special education program that is being transferred to a school district, what sources of funding are available to the school district to cover its costs of providing the special education program? CONCLUSIONS 1. When the responsibility for operating a special education program is transferred from a county superintendent of schools to a school district, the county superintendent of schools may retain the property tax revenues previously allocated to fund the program if the tax revenues will be used for other special education programs in a manner that ensures that all individuals with exceptional needs residing in the county…