Policy – Category 2000 (Administration) BP 2006 – Admission of LEAs to the Charter SELPA
Any charter school may apply to the DMCS to become a Charter LEA member. Applications must be made to the DMCS on or before January 31st of the school year preceding the school year in which the charter school anticipates operating as a Charter LEA member within the DMCS. Refer to Appendix A for Charter Application Timeline. Charter LEA member status will not become effective prior to July 1st of the year in which final approval is granted. Once granted LEA membership, the new Charter LEA will participate in the governance of the DMCS in the same manner as all other Charter LEA members. The charter school will be deemed a Charter LEA member of the DMCS if the California Association of Health and Education Linked Professions, a Joint Powers Authority (CAHELP JPA), Governance Council determines that the Charter LEA has met all requirements as specified in the DMCS Local Plan and policies and procedures. DEFINITIONS
1.1
LEA Charter Schools (Independent LEA) Nonprofit charter schools that are LEAs for the purposes of special education shall be referred to as LEA charter schools (Independent Charter) ( Title 20 of the United States Code § 1413(e)(1)(B); Title 34 of the Code of Federal Regulations § 300.209(c); Education Code § 47641 ). A charter school that operates as a LEA member in an approved SELPA shall be deemed to be an LEA charter school (Independent Charter) ( Education Code §§ 47640 and 56026.3 ). Any charter school located within the state of California may apply to the DMCS for participation as a Charter LEA member in the DMCS. Whether a Charter LEA is located within San Bernardino County or outside of the geographic boundaries of the county, a Charter LEA is responsible to comply with all provisions of the Individuals with Disabilities Education Act (IDEA), implement federal and state regulations, and to ensure that a free appropriate public education (FAPE) is provided to all children with disabilities who are enrolled in and attend the Charter LEA in the same manner that children with disabilities are served in other public schools ( Title 34 of the Code of Federal Regulations §§ 300.209(c) and 300.28; Education Code §§ 47640 and 56145 ). Charter LEAs are independent entities under the IDEA. Thus, Charter LEAs under the oversight of the authorizing entity, are responsible for the delivery of appropriate services to a child with a disability and compliance with IDEA ( Friendship Edison Public Charter School Collegiate Campus v. Murphy ex rel. D. W., 46 IDELR 127; Hyde Leadership Public Charter School v. Lewis, 46 IDELR 158; Idea Public Charter School v. Belton, 45 IDELR 158 ).
BP 2006 – Admission of LEAs to the Charter SELPA
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 4/17)
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