8. The student program placement is and shall remain the responsibility of the respective LEA. Student admission and transfer shall be determined in accordance with respective charter, district and county board policies and respective charter, district and county 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 charter 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 incidents of employment of special education staff will be the responsibility of the respective LEA or AU. Each LEA and the RLA shall have full exclusive and control over the development, change, implementation and application of all evaluation procedures of their respective LEA or in the RLA as the case may be. All LEAs shall have full and exclusive authority to recruit, interview, and hire special education staff as needed by such LEA to provide continuity and service to their special education students. 10. Annually the Steering Committee shall be responsible for recommending an Allocation and Budget Plan for submission to the SELPA Board of Directors. The SELPA Board of Directors shall be responsible for conducting a public hearing for the purposes of adopting the Budget Plan. D. WARRANTIES AND REPRESENTATIONS As a condition of membership, each LEA member warrants and represents that at no time during such LEA’s membership in the Desert/Mountain SELPA shall any such LEA, directly or indirectly, provide special education funding for the benefit of a for-profit entity. All funding provided through the Desert/Mountain SELPA 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 from expending funds for non-public agency or non-public school purposes for the benefit of the children served. Each LEA further warrants that it has incurred no debt or obligation, nor has it otherwise entered into any agreement or arrangement of a financial nature, which has not been fully disclosed and approved by the RLA. E. STANDARD OF CONDUCT Each LEA, at all times, shall conduct itself in such a manner as to act in the best interests of all other SELPA members. LEA members shall not engage in any activity or enterprise, which would tend to injure or expose the SELPA or any of its members to any significant risk of injury of any kind. No LEA shall undertake to independently act on behalf of the SELPA or any of its members without express written authorization of the SELPA.
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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