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 provided by the LEA on behalf of students with disabilities enrolled in the charter school of the district ( EC § 47646 (b) ). Section B – Charter School Admission Criteria Specific criteria must be met in order for a charter school to be considered for membership in the Desert/Mountain SELPA. 1. First priority will be given to newly authorized charter schools of the district that include in their petition for authorization the intent to seek LEA charter school status by virtue of membership in a SELPA and to new charter schools sponsored by the State Board of Education. The charters that are sponsored by the State Board of Education are chartered as Local Educational Agencies (LEAs) and are not automatically a member in a SELPA. Because of their LEA status the charters must apply for membership in a SELPA and some charter schools have been unable to reach agreement with the district or SELPA in obtaining this status. 2. For existing LEA Charter Schools, the following guidelines must be met: a. Charter schools must give a one-year notice of intent to leave their current SELPA. b. The primary reason for the charter school to leave their current SELPA must be a desire for increased access to appropriate special education services and a desire to implement quality programs for students with disabilities. The reason for the charter school to leave their geographic SELPA must not primarily be a fiscal decision. c. Charter schools wishing to join the Desert/Mountain SELPA must assure that State Standards are strictly followed in their programs. LEA Charter School SELPA members will be subject to the same self-review and monitoring process as any other LEA member of the Desert/Mountain SELPA. 3. Admission to the SELPA a. Process
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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