Policy – Category 2000 (Administration)
BP 2008 – Guidelines for the Provision of Special Education Services in Charter Schools
participate in the special education local plan. In reviewing the request by a charter school to participate in the DMSELPA local plan, the DMSELPA Board may not treat the charter school differently from the manner in which it treats a similar request made by a school district ( EC § 47645 ). LEA Charter Schools will participate as an equal LEA member of the DMSELPA in the development and approval of the DMSELPA fiscal allocation plan and in the distribution of federal and state funds among the LEA members of the DMSELPA according to the method of distribution approved by the DMSELPA policymaking process ( EC § 56195.7 (i) ). Charter schools that do not participate as a member LEA in an approved special education local plan may not be deemed a LEA and shall be deemed a public school of the LEA that granted the charter (EC § 47641 (b) ).
2.2
Charter Schools of the District
Charter schools that are public schools of the LEA shall be referred to as charter schools of the district ( 20 U.S.C. 1413 (a)(5); 34 CFR 300.209 (b); EC § 47646 ). LEAs that authorize charter schools as public schools of the district are responsible for ensuring that FAPE is provided to all children with disabilities who are enrolled in and attending the charter school ( 34 CFR 300.209 (b)(ii)(B)(2)(i); EC § 47646 ). To this end, the LEA must serve students with disabilities who attend a charter school in the same manner as students with disabilities are served in other schools of the LEA ( EC § 56145 ). Services to students with disabilities must include the provision of supplementary and related services on site at the charter school to the same extent to which the LEA has a policy or practice of providing such services on the site to its other public schools ( 34 CFR 300.209 (b)(i) ). The LEA must provide an equitable share of special education funding and/or services for the provision of special education to students with disabilities attending charter schools of the LEA. If funding is provided, such funding must be provided on the same basis and at the same time as funds are provided to other public schools in the LEA, including proportional distribution based on relative enrollment of children with disabilities ( 34 CFR 300.209 (b)(ii)(A); EC § 47646 (b)(1) ). In lieu of or in addition to providing funding for the provision of special education services, a LEA may provide any necessary special education services, including administrative and support services and itinerant services, that are
BP 2008 - Guidelines for the Provision of Special Education Services in Charter Schools Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/21)
Page 3
Made with FlippingBook interactive PDF creator