Policy – Category 2000 (Administration) BP 2006 – Admission of LEAs to the Charter SELPA
SELPAs. Often times language in charter petitions and/or MOUs restrict the ability of a charter school to shift from a school of the authorizer to a LEA for purposes of special education. Charter schools should review their MOU to verify whether the language indicates the charter school reserves the right to make written verifiable assurances that it shall become an Independent LEA and join a SELPA as authorized under Education Code § 47641(a) either on its own or with a charter-only SELPA. In considering application to a SELPA, charter schools should review SELPA governance structure, access to quality special education services, access to sufficient special education revenue, legal and fiscal liability, and potential barriers for admission in the SELPA. 3.0 Application Requirements The following are specific criteria which must be met for a charter school applicant to be considered for Charter LEA membership in the DMCS. A. For existing charter schools, the following guidelines must be met: Charter schools must notify both SELPAs consistent with Education Code § 56195.3(b) at least one year prior to changing from one SELPA to another unless an earlier date is mutually agreed upon. Charter schools must also notify the CDE of such a transition to ensure that amended Local Plans can be approved in a timely manner, and that special education funds are accurately distributed. The primary reasons for the charter schools to leave their current SELPAs must be a desire for increased access to appropriate special education services and a desire to implement quality programs for children with disabilities. The reason for the charter schools to leave their geographic SELPAs must not primarily be a fiscal decision. Charter schools wishing to join a DMCS must follow federal requirements for the provision of curriculum materials and instructional resources. DMCS LEA members will be subject to the same self-review and monitoring process as the DMCS in general, including any compliance requirements of the CDE. B. Admission to the DMCS 1. Process: Charter schools will follow the Education Code requirements when submitting applications for review to the DMCS Review Committee. The DMCS Review Committee is comprised of: • DMCS Administrator; • A representative selected by the DMCS Executive Council; and
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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