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 with disabilities ( Title 34 of the Code of Federal Regulations § 300.209(b)(ii)(A); Education Code § 47646(b)(1) ). In lieu of or in addition to providing funding for the provision of special education services, the authorizing LEA may provide any necessary special education services, including administrative support, and itinerant services on behalf of children with disabilities enrolled in the charter school of the authorizing LEA ( Education Code § 47646(b) ). C. Geographic Limitations State law provides geographical restrictions on the operations of charter schools. Specifically, the geographic and site limitations of the Charter Schools Act apply to all charter schools, including nonclassroom-based programs. Charter schools are prohibited from operating facilities outside of the geographical boundaries of their authorizing LEA, subject to limited exceptions. A charter school must identify a single charter school that will operate within the geographic boundaries of the LEA ( Education Code § 47605(a)(1) ), or, if multiple sites will operate within the authorizing LEA, that all locations be identified in the charter petition. Additionally, where a charter school provides a majority of its educational services in, and a majority of its students are residents of, the county in which it is authorized, the charter school may establish a resource center, meeting space, or other satellite facility in an adjacent county, provided the facility is used exclusively for educational support of students enrolled in nonclassroom-based independent study. D. Chartering Authority
Chapter 11 – Admission of LEAs to the Charter SELPA, Charter SELPA
Page 3
As of 04/07/2017
Made with FlippingBook - professional solution for displaying marketing and sales documents online