resolution of the due process complaint or judicial action concerning the child’s program or placement. Stay-put is only in effect during due process ( Title 34 of the Code of Federal Regulations § 300.518(a) ).
Due Process Complaints and General Liability
The Charter LEA has the primary responsibility for ensuring that FAPE is available to children in the Charter LEA who are eligible for special education. The Charter SELPA holds no jurisdiction, financially or decision making, over any due process complaints filed against its member Charter LEAs. If named as an individual in a due process complaint filing, the member Charter LEA agrees to dismiss the Charter SELPA as a named participant and shall inform other parties of the Charter SELPA’s role and responsibilities in terms of liability and due process filings. The Charter SELPA Risk Pool Insurance Fund developed by member LEAs, provides revenue costs in designated areas which include Legal/Due Process/Fair Hearing expenditures for the Charter SELPA and Charter LEA legal counsel related to compliance findings and due process hearings when approved procedures have been followed. NOTE: Legal assistance and representation for participating LEAs are coordinated by the Due Process Program Manager. All contacts with SELPA-retained attorneys or legal consultants shall be made only after approval of the Program Manager for Due Process. Any Charter LEA initiating contact with a legal advisor without prior approval will bear the cost of the billable time by the legal advisor.
Chapter 4 – Procedural Safeguards, Charter SELPA
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As of 11/18/2016
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