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 Desert/Mountain SELPA for participation as an LEA in the special education local plan. If approved, a LEA Charter School of the Desert/Mountain SELPA 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 Desert/Mountain SELPA 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 Desert/Mountain SELPA may petition the Desert/Mountain SELPA Board of Directors for consideration to participate in the special education local plan. In reviewing the request by a charter school to participate in the Desert/Mountain SELPA local plan, the SELPA 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 Desert/Mountain SELPA in the development and approval of the SELPA fiscal allocation plan and in the distribution of federal and state funds among the LEA members of the SELPA according to the method of distribution approved by the SELPA 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) ). 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
Chapter 23 – Guidelines for the Provision of Special Education Services in Charter Schools,
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Desert/Mountain SELPA As of 09/2007
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