Policy – Category 2000 (Administration) BP 2006 – Admission of LEAs to the Charter SELPA
A nonprofit charter school that desires to participate as a Charter LEA of the DMCS may petition the DMCS Executive Council for consideration to participate in the Local Plan. In reviewing the request by a charter school to participate in the DMCS, the DMCS Review Committee may not treat the charter school differently from the manner that it treats a similar request made by another LEA within the DMCS ( Education Code § 47645 ). Charter LEAs participate as equal LEA members of the DMCS in the development and approval of the DMCS fiscal allocation plan and in the distribution of federal and state funds among Charter LEA members of the DMCS per the method of distribution approved by the DMCS policymaking process ( Education Code § 56195.7(i) ). A Charter LEA that does not participate as a Charter LEA member in a SELPA may not be deemed a LEA and shall be deemed a public school of the LEA that authorized the charter school ( Education Code § 47641(b) ). Charter School of the LEA (Dependent LEA) Charter schools that are public schools of the LEA shall be referred to as charter schools of the LEA (Dependent LEA) ( Title 20 of the United States Code § 1413(a)(5); Title 34 of the Code of Federal Regulations § 300.209(b); Education Code § 47646 ). LEAs that authorize charter schools as public schools of the LEA (Dependent LEA) are responsible for ensuring that FAPE is provided to all children with disabilities who are enrolled in and attending the charter schools ( Title 34 of the Code of Federal Regulations § 300.209(b)(ii)(B)(2)(i); Education Code § 47646 ). To this end, the Dependent LEA must serve children with disabilities who attend the Dependent LEA in the same manner as children with disabilities are served in other schools of the authorizing LEA ( Education Code § 56145 ). Services to children with disabilities must include the provision of supplementary aids and related services to the same extent to which the authorizing LEA has a policy or practice of providing such services to its other public schools ( Title 34 of the Code of Federal Regulations § 300.209(b)(i) ). The authorizing LEA must provide an equitable share of special education funding and/or services for the provision of special education to children with disabilities attending charter schools (Dependent LEAs) of the authorizing LEA. If funding is provided, such funding must be provided on the same basis and at the same time as funds are provided to other public schools in the authorizing LEA, including proportional distribution based on relative enrollment of children
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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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