All special education and related services determined by the Individualized Education Program (IEP) team to be necessary for a child with a disability to benefit from education shall be listed on the child’s IEP. A Charter LEA shall assure that each child with a disability is provided services in accordance with his/her IEP, regardless of whether the Charter LEA, a nonpublic agency, or contractor is to provide the service. When an outside and/or contracted agency fails to provide related services listed on the child’s IEP, the Charter LEA is responsible and shall provide the service in accordance with an IEP unless otherwise provided by law, without a disruption in service and at no cost to the parent. Special education programs, appropriate to provide for a child’s needs, are housed on regular school campuses as well as on leased sites, and are dispersed throughout the Charter SELPA as equitably as possible to ensure that children with disabilities are served as close to home as much as possible. Each Charter LEA shall ensure that the physical location of special education programs is selected to facilitate continuing social interaction with children with disabilities. Each Charter LEA shall ensure that children with disabilities shall have equal access to general education activities, programs, and facilities while on the regular school site, and participate in those activities as appropriate to meet their needs. The Charter SELPA IEP form contains a statement of supplementary aids and supports that the child with a disability may need to ensure his/her participation in the general education curriculum. Each Charter LEA shall encourage the close cooperation of all school personnel to facilitate opportunities for social as well as academic interaction between children with disabilities and nondisabled children. Each Charter LEA shall ensure that all children with disabilities are educated and participate with nondisabled children in academic, nonacademic, and extracurricular activities to the extent appropriate. The IEP shall contain a statement of the program modifications and/or supports for school personnel that will be provided for the child with a disability in order to be educated and participate in activities with nondisabled children. The Charter LEA ensures that removal of children with disabilities from the general education environment occurs only when the nature or severity of the disability is such that education in regular classes even with the use of supplementary aids and services cannot be achieved satisfactorily. The IEP shall include an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular and other nonacademic activities. Each Charter LEA shall provide school personnel the necessary support to ensure student success. The Charter SELPA’s funding allocation plan shall consider the distribution of resources to ensure that each Charter LEA can provide the necessary supports. Each Charter LEA shall ensure that a child will be referred for special education instruction and services only after the resources of the general education program have been considered and, where appropriate, utilized. Such resources may include, but are not limited to, Student Study Teams (SST), early literacy programs, and remediation programs. The Charter SELPA also coordinates the distribution of low incidence equipment (see Chapter 12 for additional information).
Chapter 22 – Supports and Services, Charter SELPA As of 10/17/2019 D/M Charter SELPA Steering Committee Approval
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