services, the physical location of the services, and demonstrate that all children with disabilities have access to services and instruction appropriate to meet their needs as specified in their IEP. Refer to the Charter SELPA Local Plan for current Annual Budget and Service Plans. F. Agreements The Charter SELPA Administrator, in coordination with participating Charter LEA members, including those that are out-of-geographic boundaries, implement the Local Plan including the coordination of interagency agreements. Interagency agreements are a mechanism for interagency coordination to ensure services required for FAPE are provided to eligible children with disabilities. Interagency agreements provide information regarding agency roles, services for children, financial obligations, participating entities, and a process for resolving disagreements among parties to the agreement. For Charter LEAs located outside of San Bernardino County, the Charter LEA will coordinate service agreements with the County in which the Charter LEA is located, to preserve consistency of procedures among agencies. Additionally, Title 5 of the California Code of Regulations § 3062, requires that a master contract shall be used by a Charter LEA when effectuating formal agreements with certified nonpublic agencies and nonpublic schools (NPA/S). The master contract shall specify the administrative and financial agreements between the Charter LEA and the NPA/S. A continuum of placements and services must be available if needed by a child with a disability. The term of the master contract shall not exceed one year. Memorandum of Understanding (MOU) A MOU is an agreement established with the charter school and its authorizer regarding the format, frequency, and scope of oversight activities. While not required, a MOU between the authorizer and charter school may specify how various aspects related to the charter school’s operations will be handled. Some authorizers provide extensive language to be included in the charter petition itself governing these items, others will rely on a separate MOU to provide for areas beyond those covered in the petition. A MOU could include a provision for the educational services for children with disabilities, delineating the entity responsible for providing special education instruction and related services and the process through which such compliance will be achieved, regardless of whether the charter school operates as a Dependent LEA or an Independent LEA. The MOU should describe any anticipated transfer of special education funds between the authorizer and the charter school, or the SELPA and the charter school. In practice, the relationships between authorizers, charter schools, and SELPA can vary significantly and a MOU becomes a critical document for clarifying arrangements and agreements. If a child with a disability enrolls in the Charter LEA and he/she needs additional related services, the services will be the responsibility of the Charter LEA. The Charter SELPA Administrator or designee will work collaboratively with the SELPA where the Charter LEA is located to contract with them or locate additional providers from the area. Clearly
Chapter 11 – Admission of LEAs to the Charter SELPA, Charter SELPA
Page 11
As of 04/07/2017
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