Appendix A: Desert Mountain SELPAAgreement for Participation
7. The 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 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 LEA member. Student admission and transfer shall be determined in accordance with the LEA, DMSELPA, 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 LEA charter school enrolling any student shall have the exclusive right to approve placement in any other agency. Each LEA of service shall have the right to determine if such 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 LEA member or AU. Each 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. LEA members shall have the full exclusive authority to recruit, interview, and hire special education staff as needed by such LEA member to provide continuity and service to their special education students. 10. The CAHELP JPA Governance Council shall review and make allocation plan recommendations. The allocation plan defines the distribution of state and federal funds within the DMSELPA 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 SELPA will not have any property tax allocations. WARRANTIES AND REPRESENTATIONS As a condition of membership, each LEA member warrants and represents that at no time during such LEA mem ber’s membership in the DMSELPA shall any such LEA member, directly or indirectly, provide special education funding for the benefit for a for-profit entity. All funding provided through the DMSELPA shall be treated as a restricted funding source to be expended only for special education or special education services. Nothing contained herein shall be interpreted as prohibiting any LEA member from expending funds for nonpublic agency or nonpublic school purposes for the benefit of children served.
STANDARD OF CONDUCT
Each LEA member, at all times, shall conduct itself in such a manner as to act in the best interests of all other DMSELPA members. LEA members shall not engage in any activity or enterprise
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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