operate their own special education services, by either hiring or contracting with qualified staff. Some Charter LEAs seek economies of scale by forming special education service collaboratives outside of the traditional SELPA structure, either with other charter schools or nearby LEAs (see Section C for additional information). Charter schools that seek LEA status and membership in a SELPA must notify their current SELPA and the CDE of their intended exit at least one full year before exiting. The charter school shall also ensure that agreements with its authorizer are conducive to membership in a new SELPA. The charter agreement and/or Memorandum of Understanding (MOU) should allow the charter school to seek LEA status and/or change 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. Section B – 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 Charter SELPA. A. For existing charter schools, the following guidelines must be met: 1. 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. 2. 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. 3. Charter schools wishing to join a Charter SELPA must follow federal requirements for the provision of curriculum materials and instructional resources. Charter SELPA LEA members will be subject to the same self-review and monitoring process as the Charter SELPA in general, including any compliance requirements of the CDE. B. Admission to the Charter SELPA
Chapter 11 – Admission of LEAs to the Charter SELPA, Charter SELPA
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As of 04/07/2017
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