DEFINITIONS A. 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 Charter SELPA for participation as a Charter LEA member in the Charter SELPA. 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 ). A nonprofit charter school that desires to participate as a Charter LEA of the Charter SELPA may petition the Charter SELPA Executive Council for consideration to participate in the Local Plan. In reviewing the request by a charter school to participate in the Charter SELPA, the Charter SELPA Review Committee may not treat the charter school differently from the manner that it treats a similar request made by another LEA within the Charter SELPA ( Education Code § 47645 ). Charter LEAs participate as equal LEA members of the Charter SELPA in the development and approval of the Charter SELPA fiscal allocation plan and in the distribution of federal and state funds among Charter LEA members of the Charter SELPA per the method of distribution approved by the Charter SELPA 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) ). B. Charter School of the LEA (Dependent LEA)
Chapter 11 – Admission of LEAs to the Charter SELPA, Charter SELPA
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As of 04/07/2017
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