a. Prior initial written notice of intended termination to the Charter LEA member of at least one year; and b. Final written notice of termination to the Charter LEA member no more than six months after the RLA’s initial notice of intended termination. 5. Funding received by a Charter LEA member is subject to the elements of the allocation plan. The allocation plan is updated on an annual basis and approved by the CAHELP JPA Governance Council. Funding is subject to administrative fees, set-aside provisions, differentiated funding in year one and year two, and the potential recapture provisions if funds are not spent. These details are outlined in the allocation plan; 6. The Charter LEA members and the AU shall continue to manage and operate programs in their respective Charter LEAs in accordance with Education Code § 56172; 7. The Charter LEA members and the AU will maintain responsibility for program administration for the service they provide. All administrative requirements that govern the unit will be in effect regarding special education services. The Superintendent, and/or Administrators of Special Education in each Charter LEA member and in the AU will be responsible for the daily operation of their respective programs. 8. The student program placement is and shall remain the responsibility of the respective Charter LEA member. Student admission and transfer shall be determined in accordance with the Charter LEA, Charter SELPA, and CAHELP JPA Governance Council policies and procedures established in accordance with the identification, assessment, instructional planning, and placement set forth in the Local Plan. Nothing contained herein shall be interpreted as providing automatic transfer rights to parents or students. The Charter LEA enrolling any student shall have the exclusive right to approve placement in any other agency. Each Charter LEA of service shall have the right to determine if such Charter LEA is able to provide a free appropriate public education for the student. 9. Supervision and other incidence of employment of special education staff will be the responsibility of the respective Charter LEA member or AU. Each Charter LEA member and the RLA shall have full exclusive and independent control over the development, change, implementation, and application of all evaluation procedures of their LEA member or in the RLA as the case may be. Charter LEA members shall have the full exclusive authority to recruit, interview, and hire special education staff as needed by such Charter LEA member to provide continuity and service to their special education students. 10. The Charter Executive Council shall review and make allocation plan recommendations. The allocation plan defines the distribution of state and federal funds within the Charter SELPA for the costs of providing special education programs. The CAHELP JPA Governance Council shall approve all changes. There is a legal requirement for a public hearing and adoption of an annual service and budget plan. This shall be done annually by the CAHELP JPA Governance Council. This Charter SELPA will not have any property tax allocations.
Chapter 11 – Admission of LEAs to the Charter SELPA, Charter SELPA
Page 36
As of 04/07/2017
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