Policy – Category 2000 (Administration)
BP 2008 – Guidelines for the Provision of Special Education Services in Charter Schools
1.0
Introduction
Charter schools are required to provide special education programs and services for those who attend their schools. It is the desire of the Desert Mountain Special Education Local Plan Area (DMSELPA) to effectively and efficiently support the implementation of appropriate and compliant special education services in charter schools.
2.0
LEA Charter Schools and Charter Schools of the District
2.1
LEA Charter Schools
Nonprofit Charter schools that are LEAs for the purposes of special education shall be referred to as LEA Charter Schools ( 20 U.S.C. 1413 (e)(1)(B); 34 CFR 300.209 (c); EC § 47641 ). A charter school that participates as a member LEA in an approved special education local plan shall be deemed to be an LEA Charter School ( EC §§ 47640; 56026.3 ). Any charter school located within the state of California may apply to the DMSELPA for participation as an LEA in the special education local plan. If approved, a LEA Charter School of the DMSELPA may be geographically located either within or outside the boundaries of San Bernardino County. Whether a LEA Charter School is located within San Bernardino County or outside of the geographic boundaries of the county, a LEA Charter School is responsible for compliance with all provisions of the IDEA and implementing regulations and for ensuring that FAPE is provided to all children with disabilities who are enrolled in and attend the charter school in the same manner as individuals with disabilities are served in other public schools ( 34 CFR 300.209 (c); 34 CFR 300.28; EC §§ 47640 and 56145 ). Charter Schools that seek to become LEA members of the DMSELPA should carefully consider their increased responsibility to provide FAPE as a LEA Charter School as opposed to operation as a public school of the authorizing school district. LEA Charter Schools are independent entities under the IDEA. As a result, the LEA Charter School, not the authorizing school district, is responsible for the delivery of appropriate services to a child with a disability and compliance with IDEA (Friendship Edison Public Charter School Collegiate Campus v. Murphy ex rel. D. W., 46 IDELR 127; Hyde Leadership Public Charter School v. Lewis, 46 IDELR 158; Idea Public Charter School v. Belton, 45 IDELR 158).
A nonprofit charter school that desires to participate as a LEA member of the DMSELPA may petition the DMSELPA Board of Directors for consideration to
BP 2008 - Guidelines for the Provision of Special Education Services in Charter Schools Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/21)
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