Policy – Category 4000 (Personnel) BP 4001 – Personnel Qualifications
right provided individuals with exceptional needs by specified federal law or (2) to the agency’s compliance with specified federal law.
8.0
Related Services Personnel and Paraprofessionals Related services personnel and paraprofessionals must have qualifications established by the Charter LEA that are consistent with any state-approved or state-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services. The Charter LEA must ensure that related services personnel who deliver services in their discipline or profession meet the requirements to be licensed within their profession, having not had certification or licensure requirements waived on an emergency, temporary, or provisional basis.
The Charter LEA must allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with state law, regulation, or written policy, to be used to assist in the provision of special education and related services under this part to children with disabilities. Outside agencies contracted by Charter LEAs to provide related services must be certified as a nonpublic, nonsectarian agency (NPA) by the CDE. 9.0 Legal References • Every Student Succeeds Act (ESSA) o § 602(10), § 612(a)(14)(C), § 119(a)(2), § 9214(d)(2), §§ 1119 and 2141 • California Education Code o § 44662, § 56195.8, § 56205(a), § 56362, §§ 56362(b), (c) and (d), § 56363.3, § 56441.7 • Title 34 of the Code of Federal Regulations (CFR) o § 300.201, §§ 200.55 – 200.57, § 300.18 • Title 20 of the United States Code (USC) o § 1401, §§ 1412(a) and 1413(a)(1), § 6319, § 7801 • Title 5 of the California Code of Regulations (CCR) o § 3100, §§ 6100 – 6126, §§ 80046.5 through 80048.6
BP 4001 – Personnel Qualifications
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/17)
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