SECTIONS 47640-47647 - California Statutes

EDUCATION CODE

SECTION 47640-47647

47640. For the purposes of this article, "local educational agency"
means a school district as defined in Section 41302.5 or a charter
school that is deemed a local educational agency pursuant to Section
47641. As used in this article, "local educational agency" also means
a charter school that is responsible for complying with all
provisions of the Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) and implementing regulations as they relate
to local educational agencies.

47641. (a) A charter school that includes in its petition for
establishment or renewal, or that otherwise provides, verifiable,
written assurances that the charter school will participate as a
local educational agency in a special education plan approved by the
State Board of Education shall be deemed a local educational agency
for the purposes of compliance with federal law (Individuals with
Disabilities Education Act; 20 U.S.C. Sec. 1400 et seq.) and for
eligibility for federal and state special education funds. A charter
school that is deemed a local educational agency for the purposes of
special education pursuant to this article shall be permitted to
participate in an approved special education local plan that is
consistent with subdivision (a), (b), or (c) of Section 56195.1.
(b) A charter school that was granted a charter by a local
educational agency that does not comply with subdivision (a) may not
be deemed a local educational agency pursuant to this article, but
shall be deemed a public school of the local educational agency that
granted the charter.
(c) A charter school that has been granted a charter by the State
Board of Education, and for which the board has delegated its
supervisorial and oversight responsibilities pursuant to paragraph
(1) of subdivision (k) of Section 47605, and does not comply with
subdivision (a), shall be deemed a public school of the local
educational agency to which the board has delegated its supervisorial
and oversight responsibilities.
(d) A charter school that has been granted a charter by the State
Board of Education, and for which the board has not delegated its
supervisorial and oversight responsibilities pursuant to paragraph
(1) of subdivision (k) of Section 47605, may not be deemed a local
educational agency unless the charter school complies with
subdivision (a).

47642. Notwithstanding Section 47651, all state and federal funding
for special education apportioned on behalf of pupils enrolled in a
charter school shall be included in the allocation plan adopted
pursuant to subdivision (i) of Section 56195.7 or Section 56836.05,
or both, by the special education local plan area that includes the
charter school.

47643. If the approval of a petition for a charter school requires
a change to the allocation plan developed pursuant to subdivision (i)
of Section 56195.7 or Section 56836.05, the change shall be adopted
pursuant to the policymaking process of the special education local
plan area.

47644. For each charter school deemed a local educational agency
for the purposes of special education, an amount equal to the amount
computed pursuant to Section 56836.08 for the special education local
plan area in which the charter school is included shall be
apportioned by the Superintendent of Public Instruction pursuant to
the local allocation plan developed pursuant to subdivision (i) of
Section 56195.7 or Section 56836.05, or both. If the charter school
is a participant in a local plan that only includes other charter
schools pursuant to subdivision (f) of Section 56195.1, the amount
computed pursuant to Section 56836.11, as adjusted pursuant to the
incidence multiplier set forth in Section 56836.155, shall be
apportioned by the superintendent for each unit of average daily
attendance reported pursuant to subdivision (a) of Section 56836.06.

47645. An agency reviewing a request by a charter school to
participate as a local educational agency in a special education
local plan area may not treat the charter school differently from the
manner in which it treats a similar request made by a school
district. In reviewing and approving a request by a charter school to
participate as a local educational agency in a special education
local plan area, a local or state agency shall ensure all of the
following:
(a) The special education local plan area complies with Section
56140.
(b) The charter school participates in state and federal funding
for special education and the allocation plan developed pursuant to
subdivision (i) of Section 56195.7 or Section 56836.05 in the same
manner as other local educational agencies of the special education
local plan area.
(c) The charter school participates in governance of the special
education local plan area and benefits from services provided
throughout the special education local plan area, in the same manner
as other local educational agencies of the special education local
plan area.

47646. (a) A charter school that is deemed to be a public school of
the local educational agency that granted the charter for purposes
of special education shall participate in state and federal funding
for special education in the same manner as any other public school
of that local educational agency. A child with disabilities attending
the charter school shall receive special education instruction or
designated instruction and services, or both, in the same manner as a
child with disabilities who attends another public school of that
local educational agency. The agency that granted the charter shall
ensure that all children with disabilities enrolled in the charter
school receive special education and designated instruction and
services in a manner that is consistent with their individualized
education program and is in compliance with the federal Individuals
with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and
implementing regulations, including Section 300.209 of Title 34 of
the Code of Federal Regulations.
(b) In administering the local operation of special education
pursuant to the local plan established pursuant to Chapter 3
(commencing with Section 56205) of Part 30, in which the local
educational agency that granted the charter participates, the local
educational agency that granted the charter shall ensure that each
charter school that is deemed a public school for purposes of special
education receives an equitable share of special education funding
and services consisting of either, or both, of the following:
(1) State and federal funding provided to support special
education instruction or designated instruction and services, or
both, provided or procured by the charter school that serves pupils
enrolled in and attending the charter school. Notwithstanding any
other provision of this chapter, a charter school may report average
daily attendance to accommodate eligible pupils who require extended
year services as part of an individualized education program.
(2) Any necessary special education services, including
administrative and support services and itinerant services, that are
provided by the local educational agency on behalf of pupils with
disabilities enrolled in the charter school.
(c) In administering the local operation of special education
pursuant to the local plan established pursuant to Chapter 3
(commencing with Section 56205) of Part 30, in which the local
educational agency that granted the charter participates, the local
educational agency that granted the charter shall ensure that each
charter school that is deemed a public school for purposes of special
education also contributes an equitable share of its charter school
block grant funding to support districtwide special education
instruction and services, including, but not limited to, special
education instruction and services for pupils with disabilities
enrolled in the charter school.

47647. A local educational agency reviewing a petition for the
establishment or renewal of a charter school may not refuse to grant
the petition solely because the charter might enroll pupils with
disabilities who reside in a special education local plan area other
than the special education local plan area that includes the local
educational agency reviewing the petition.