2. No LEA member may enter into any agreement, Memorandum of Understanding (MOU), or other undertaking that would bind or limit independent decision-making on the same or similar matters by any other LEA member; 3. The managerial prerogatives of any participating LEA member shall not be infringed upon by any other participating LEA member except upon mutual consent of an affected LEA member(s), or unless as otherwise set forth by this Agreement; 4. Any LEA member may terminate its SELPA membership at the end of the fiscal year next occurring after having provided 12 months’ prior written notice as follows: a. Prior initial written notice of intended termination to the RLA of at least one year; and b. Final written notice of termination to the RLA no more than six months after the LEA member’s initial notice of intended termination. The RLA County Superintendent of Schools may terminate any LEA member’s membership at the end of the fiscal year next occurring after having provided 12 months’ prior written notice as follows: a. Prior initial written notice of intended termination to the LEA member of at least one year; and b. Final written notice of termination to the LEA member no more than six months after the RLA’s initial notice of intended termination. 5. Funding received by a LEA member is subject to the elements of the allocation plan. The allocation plan is updated on an annual basis and approved by the CAHELP JPA Governance Council. Funding is subject to administrative fees, set-aside provisions, differentiated funding in year one and year two, and the potential recapture provisions if funds are not spent. These details are outlined in the allocation plan; 6. The LEA members and the AU shall continue to manage and operate programs in their respective LEAs in accordance with Education Code § 56172; 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, SELPA, 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.
Chapter 23 – Guidelines for the Provision of Special Education Services in Charter Schools,
Page 22
Desert/Mountain SELPA As of 09/2007
Made with FlippingBook interactive PDF creator