Is there clear identification of special education responsibilities?
State Scores for this Component
Is there clear identification of special education responsibilities?
Alabama law states that start-up charters are their own LEAs and that conversion charters are part of the LEA in which the non-charter public school existed prior to its conversion to a charter.
Alabama law explicitly requires the state to send any federal dollars associated with a special education student directly to the public charter school.
Is there clear identification of special education responsibilities?
Alaska law includes a small number of the model law’s provisions regarding special education responsibilities. Regulations state that each district shall administer a program offering special education and related services in order to provide a free appropriate public education program for children with disabilities ages 3 to 21, including children enrolled in charter schools.
Is there clear identification of special education responsibilities?
Arizona law provides that each charter school in the state is its own LEA and thus responsible for the special education needs of their enrolled students. The law details the flow of all funding, including special education funding, to charter schools. Arizona law allows charter schools to access the state’s Extraordinary Special Education Needs fund for low-incident, high cost services for charter schools in the same amount or in a manner similar to other LEAs.
Is there clear identification of special education responsibilities?
Arkansas law provides that districts are the LEAs for special education purposes for conversion charter schools and that charter schools are the LEAs for special education purposes for open enrollment charter schools. It also allows both types of charter schools to apply for additional categorical special education funds to help cover low-incident, high-cost special education services.
While it does not explicitly identify special education funding, Arkansas law does designate the state as responsible for allocating any designated funding to public charter schools.
Is there clear identification of special education responsibilities?
California law provides that a charter school must either receive special education services from an LEA or become its own LEA, joining a Special Education Local Plan Area (SELPA) and providing special education according to that SELPA's plan. Unless a charter school specifically assumes the obligation to become an LEA and join a SELPA, the charter school is deemed to be part of its authorizer’s LEA for special education purposes.
California law provides that a charter school that is deemed part of its authorizer’s LEA for special education must receive state and federal special education funding in the same manner as any other public school of that LEA. It requires the LEA to ensure that each charter school receives an equitable share of special education funding and services, including those for low-incidence, high-cost needs. It also requires any SELPA plan that includes charter schools to address funding for low-incidence, high-cost services.
California law allows for the formation of all-charter SELPAs. In addition, the law allows charter schools to join SELPAs out of their geographic region and allows SELPAs to design service structures specifically for charters. Despite such policies, it is reported that actual practice for these policies is mixed in that many SELPAs do not provide extra funding for low-incidence, high-cost services and simply allocate funding on a per-student basis.
Is there clear identification of special education responsibilities?
For a charter school authorized by a local board of education, Colorado law provides that the school district serves as the LEA for special education purposes. For a charter school authorized by the state charter institute, it provides that the institute serves as the LEA for special education. In either case, the district or the institute is ultimately responsible for providing and funding special education in the schools it charters.
The law specifies that the school district of residence is responsible for the excess costs of educating students with disabilities enrolled in a charter school. In addition, Colorado law provides for an insurance option, whereby charter schools may pay their district LEA a per-pupil amount for all students as a form of insurance for high-cost special education students.
The law requires districts to provide their charters with an itemized accounting of all district special education costs along with the basis for any special education charges imposed against their charters.
Is there clear identification of special education responsibilities?
Connecticut law requires charter schools to be connected to each student’s district of residence LEA for purposes of special education. It requires special education funds to go to the LEA of residence, which is responsible for evaluation and services. It notes that charter schools are eligible to the same extent as boards of education for any special education grants and funding.
In reference to high cost, low-incident cases, statute provides that the LEA pay the charter school, on a quarterly basis, an amount equal to the difference between the reasonable cost of educating high cost students and the amount received via a formula by the state charter school.
Is there clear identification of special education responsibilities?
Delaware law does not provide clarity regarding which entity is the LEA responsible for providing special education services. In practice, the charter school is the LEA. Delaware law provides charter schools with access to special support funded by the state for low incident high cost service through full access to the state's Interagency Collaborative Team.
Is there clear identification of special education responsibilities?
The law requires a charter school to elect at the time of application whether it will be an independent LEA or part of the DC school district LEA for special education purposes. However, the Special Education Quality Improvement Amendment Act of 2014 amended the law by requiring each public charter school to be its own LEA for all purposes including special education by August 1, 2017.The District’s special education funding is allocated according to levels as articulated in the Uniform Per Pupil Funding Formula. The formula is updated every year and applies equally in the same manner and amount across public charter schools and DCPS. SPED levels 1-4 are clearly defined in terms of hours of required services per week. If a child is deemed eligible for Level 5 (private non-public placement), the cost is borne by the District. Both DCPS and the public charter schools use this formula, so the funding is provided in the same amount as to public charters as to other LEAs. Additionally, at-risk funding can be used to provide services to students with special needs. Again, this funding is provided according to the same formula for both public charter schools and DCPS.
While not established in law, the District has been making steady progress towards providing equitable services and supports to charter schools. Most charter schools now have district-provided nurses and there is equity in the deployment of School Resource Officers (police) and crossing guards. There is not yet equity in the provision of mental health staff.
Is there clear identification of special education responsibilities?
Florida law provides that the school district authorizer is the LEA, with the schools responsible for providing services and the districts responsible for overseeing the provision of services. It also provides that the boards of trustees of an authorizing state university or Florida College System institution is the LEA for all charter schools they authorize.
However, the law allows charter schools that meet each of the following requirements to be designated a LEA for the purpose of receiving federal funds: has all schools located in same county; has total enrollment exceeding the total enrollment of at least one school district in the state; and has the same governing board for all schools. The governing board must adopt and file a resolution with its authorizing district and the state department of education and accept full responsibility for all LEA requirements related to the federal programs. Additionally, a governing board that is operating a system of charter schools within a district that are established pursuant to public school improvement efforts may also be designated as a LEA for the purpose of receiving federal funds.
The law explicitly states that charter schools are entitled to any Title I or IDEA funds for which they qualify and they will receive this funding directly from the state department of education.
The law states that districts must provide services to charter schools, but it does not grant blanket access to any state offered services.
Is there clear identification of special education responsibilities?
For district-authorized schools, Georgia law provides that the district is the LEA and retains responsibility for providing special education services. For state-authorized schools, the law provides that the school is the LEA and retains the responsibility for providing special education services.Georgia law provides that charter schools have the opportunity to join and receive services through the state’s regional educational service agencies.
Is there clear identification of special education responsibilities?
Hawaii law provides that the state department of education is responsible for the provision of a free appropriate public education and that any charter school is responsible for providing the educational and related services required by a student’s individualized education program (IEP). If the school cannot provide all of the required services, then the law requires the department to provide them as determined by the IEP. The law also requires the department to collaborate with the state public charter school commission to develop guidelines related to the provision of special education services and resources to each charter school and allows the department to offer staff, funding, or both to the school based on a per-pupil weighted formula used to allocate resources for special education students in all public schools. The law is clear that charter schools will not receive funding for special education services
Is there clear identification of special education responsibilities?
Idaho law states that each charter school authorized by an entity other than a local school board is its own LEA. It also provides that a charter school authorized by a local school board may be designated by the local school board as an LEA with the concurrence of the public charter school board of directors; otherwise, the charter school shall be included in that district’s LEA. The law provides that the LEA (either the district or the charter school itself, as stated above) is responsible for providing and funding special education services. The law states that the funding associated with special education students shall be allocated to the charter school from federal funds and state funds.
Is there clear identification of special education responsibilities?
Illinois law contains a small number of the model law’s provisions regarding special education responsibilities.
State law requires the state board of education to distribute all federal and state special education funds to Commission-authorized charters.
Is there clear identification of special education responsibilities?
Indiana provides that charter schools are designated LEAs and provides that federal, state, and local special education funds flow to charter schools. It also permits charter schools to apply directly for any additional federal or state grants or categorical funding intended for students with high-cost, low-incidence disabilities and gives charter schools access to educational service centers.
Is there clear identification of special education responsibilities?
The law requires charter schools to provide special education services in accordance with state law.
For a student requiring special education, the law provides that the school district of residence shall pay to the charter school the actual costs incurred in providing the appropriate special education.
Is there clear identification of special education responsibilities?
Kansas law does not include any of the model law’s provisions regarding special education responsibilities.
Is there clear identification of special education responsibilities?
The law provides that any Type 2 or 5 charter school shall be considered the local education agency for funding purposes and statutory definitions pursuant to rules adopted by the state board. The law provides that the local school board shall remain the local education agency for any Type 1, 3, or 4 charter school. The law provides that a Type 5 charter school shall have the option to remain its own local education agency for funding purposes and statutory definitions upon conversion to a Type 3B charter school pursuant to rules adopted by the state board. The law requires that any funding associated with a student qualifying for special education funds shall flow directly to the school.
Is there clear identification of special education responsibilities?
If a local school board approves a charter school, the school district is the LEA for the school and has responsibility for special education services. If the State Charter Schools Commission approves a charter school, the charter school is the LEA and responsible for special education.
For each enrolled special education pupil, statute provides that a public charter school must receive the average additional allocation calculated by the state department of education for its special education students. Statute also provides that the department shall pay directly to the public charter school any federal or state aid attributable to a student with a disability attending the public charter school in proportion to the level of services for the student with a disability that the public charter school provides directly or indirectly.
Statute indicates that the state department of education must pay to a public charter school any additional allocation assigned to the school because of a high-cost in-district placement in accordance with state law in the year in which the allocation is assigned as an adjustment to the public charter school's state contribution. It also provides that the department shall pay to the public charter school any additional allocation assigned to the school administrative unit because of a high-cost out-of-district special education placement in accordance with state law in the year in which the allocation is assigned.
Is there clear identification of special education responsibilities?
Maryland law is silent about special education responsibilities and funding. In practice, the district authorizer is the LEA.
Is there clear identification of special education responsibilities?
Massachusetts law provides that charter schools must comply with the state’s special education statutes provided, however, that the fiscal responsibility of any special needs student currently enrolled in or determined to require a private day or residential school shall remain with the school district where the student resides.
Massachusetts laws and regulation provide equal access to all applicable categorical federal and state funding, and clear guidance on the pass-through of such funds, including for charter schools that are significantly expanding.
It also provides that if a charter school expects that a special needs student currently enrolled in the charter school may be in need of the services of a private day or residential school, the school must convene an individual education plan team meeting for said student that includes representatives from the sending district.
Is there clear identification of special education responsibilities?
Michigan law provides that charter schools are entities independent from traditional school districts and are thus the LEA for special education purposes.
The law requires intermediate school districts (ISDs) to ensure that all districts, including public charter schools, located within their geographic boundaries have equitable access to ISD coordination activities, services, regional meetings, superintendent meetings, programming, events, and other coordination or collaboration activities.
Is there clear identification of special education responsibilities?
Minnesota law provides that charter schools are the LEAs for special education services and any such funds flow directly to them. In addition, it provides that charter schools may bill a student's resident school district for any additional funds needed to cover excess costs over and above the state and federal funds allocated for that student. Minnesota law provides that charter schools with at least 90% special education students are eligible for accelerated regular special education aid payments. The law also provides that schools have to pay 10% of the excess cost that’s billed back to districts.
Is there clear identification of special education responsibilities?
State law provides that a charter school must function as a local educational agency, and as such, a charter school is responsible for meeting the requirements of local educational agencies under applicable federal laws, including those relating to special education, receipt of funds and compliance with funding requirements. According to the law, status as a local educational agency does not preclude a charter school from developing, by mutual agreement or formal contract, links with the local school district for services, resources and programs.
The law does not provide clarity regarding funding for low-incident, high-cost services for charter schools in the same amount and/or in a manner similar to other local educational agencies. However, subject to the approval of the state authorizer, the law allows a charter school and a local school district to negotiate and enter into a contract for the provision of and payment for special education services, including, but not necessarily limited to, a reasonable reserve not to exceed 5% of the local school district's total budget for providing special education services. It provides that the reserve may be used by the local school district only to offset excess costs of providing services to students with disabilities enrolled in the charter school.
Is there clear identification of special education responsibilities?
Missouri law provides that a charter school must provide special education services and may provide them pursuant to a contract with the district or any other entity for services. The law requires the state to provide the proportionate share of state and federal resources for students with disabilities and staff that serve them to charter schools enrolling those students. The law allows charter schools to apply for the special education high cost pool.
Is there clear identification of special education responsibilities?
Nevada law provides that the State Public Charter School Authority is the LEA for charters authorized by it and a college or university within the Nevada System of Higher Education. It also allows the Authority to select up to two of its schools to act as their own LEAs. The law does not provide similar clarity for charters authorized by school districts or regarding funding for low-incident, high-cost services for charter schools in the same amount or in a manner similar to other LEAs.
If the authorizer is the State Public Charter School Authority or a college or university within the Nevada System of Higher Education, law and regulation provide that a written charter contract must set forth the responsibilities of the authorizer and the charter school with regard to the provision of services and programs to pupils with disabilities who are enrolled in the charter school in accordance with the Individuals with Disabilities Education Act. This provision does not apply to charters authorized by local school boards.
The law provides that a charter school is entitled to receive its proportionate share of any other money available from federal, state, or local sources that the school or the pupils who are enrolled in the school are eligible to receive.
Is there clear identification of special education responsibilities?
New Hampshire law provides that the funding and educational decision-making process for children with disabilities attending a chartered public school is the responsibility of the resident district and must retain all current options available to the parent and to the school district. The law clearly indicates that the district is the local educational agency responsible for providing special education services.
The law provides that funding for chartered public school students receiving special education services be paid directly to the school district in which the student resides. The law excludes Individuals with Disabilities Education Act funds from the requirement that school districts direct certain federal funds to a chartered public school.
Is there clear identification of special education responsibilities?
Under New Jersey law, the school is the local education agency for special education. The law requires the school to provide and fund special education services except for low-incident, high-cost students, for which the resident school district takes the responsibility and funding obligation.
Is there clear identification of special education responsibilities?
New Mexico law provides that: charter schools must comply with all applicable state and federal laws and rules related to providing special education services; charter school students with disabilities and their parents retain all rights under the federal Individuals with Disabilities Education Act and its implementing state and federal rules; each charter school is responsible for identifying, evaluating, and offering a free appropriate public education to all eligible children who are accepted for enrollment in that charter school; and a state-chartered charter school, as a local educational agency, shall assume responsibility for determining students' needs for special education and related services.
The law provides that portion of money from state or federal programs generated by students enrolled in a locally chartered charter school must be allocated to that charter school serving students eligible for that aid.
The law provides that when a state-chartered charter school is designated as a board of finance pursuant to state law, it must receive state and federal funds for which it is eligible.
The law provides that state-chartered charter schools may apply for all federal funds for which they are eligible and that locally-chartered schools must be included in their district’s consolidated federal application.
Is there clear identification of special education responsibilities?
Under New York law, a charter school is a school within a school district LEA for special education purposes, with the school district LEA in which the student resides ultimately responsible for providing special education services as well as creating and evaluating the students’ progress on the individualized education program. The law provides charter schools with the choice of whether to provide services directly, hire a third party to provide them, or ask the district to provide them. The law requires districts to provide certain funding to the charter school where the school itself provides such services, but such funding is significantly less than what the district would otherwise provide if the student were enrolled in a district school.
There are provisions in the law and regulations that provide supplemental high cost aid for high-cost services for charter schools for students with low incidence, relatively severe disabilities.
Is there clear identification of special education responsibilities?
North Carolina law contains a small number of the model law’s provisions regarding special education responsibilities.
North Carolina law provides that the state board of education must allocate to each charter school: an amount equal to the average per pupil allocation for average daily membership from the local school administrative unit allotments in which the charter school is located for each child attending the charter school except for the allocation for children with disabilities and for the allocation for children with limited English proficiency; an additional amount for each child attending the charter school who is a child with disabilities; and an additional amount for children with limited English proficiency attending the charter school, based on a formula adopted by the state board.
Although this information is not counted within this analysis (since these provisions are not codified in state law or state board policy), the state board’s charter application makes it clear that a public charter school cannot deny admission to any child eligible for special education services and that the school is required to provide a full continuum of services to meet the unique needs of all students with disabilities and the state board’s charter contract designates the charter school as the LEA for purposes of meeting special education requirements pursuant to the Individuals with Disabilities Education Act.
Is there clear identification of special education responsibilities?
Under state law, the charter school is the LEA responsible for providing special education services, with detailed funding provisions for such in the law. The law allows schools to receive payment from the state department for any costs that exceed the threshold catastrophic costs for serving certain disabled students.
The law requires a school district board of education or educational service center governing board to negotiate with a charter school governing authority that seeks to contract for the provision of services for a disabled student in the same manner as it would with the board of education of a school district that seeks to contract for such services.
Is there clear identification of special education responsibilities?
Oklahoma law states that charter schools are their own local education agencies and specifies that a charter school must comply with all federal and state laws relating to the education of children with disabilities in the same manner as a school district. The law provides that federal dollars flow directly to charter schools and provides a specific, clearly defined process for state dollars.
Is there clear identification of special education responsibilities?
Oregon law provides that responsibility for providing special education services resides with the school district in which a charter school is located. The law provides clarity regarding how special education funding is determined for public charter schools. It also provides that the district of location is eligible to receive high-cost disabilities grants for charter school students from the state as provided by state law.
Is there clear identification of special education responsibilities?
Pennsylvania law provides that charter schools are considered an LEA for the purposes of special education and that per-pupil special education funds flow from the LEA of residence to the charter school based on the district’s average per-pupil expenditure per special education student the prior year.
Pennsylvania law provides that federal funds for categorical programs go directly to the charter schools, although there are still some categorical grants structured only for school district eligibility (not LEA eligibility).
Pennsylvania law allows charter schools to request the intermediate unit to assist in providing special-needs services at a cost no more than that charged for school district students. It also provides a contingency fund to which charter schools and schools districts can apply for exceptional circumstances funding.
Is there clear identification of special education responsibilities?
Rhode Island law includes a small number of the model law’s provisions for equitable operational and categorical funding. Rhode Island law provides some general provisions regarding federal funding for special education students in charter schools.
Is there clear identification of special education responsibilities?
South Carolina law provides that an authorizer of a charter school is the charter school’s Local Education Agency (LEA) and a charter school is a school within that LEA. It also states that authorizers retain responsibility for special education and must ensure that students enrolled in their charter schools are served in a manner consistent with LEA obligations under applicable federal, state, and local law.
Is there clear identification of special education responsibilities?
Tennessee law includes a small number of the model law’s provisions regarding special education responsibilities. Tennessee law requires charter schools to provide special education services for students.
Is there clear identification of special education responsibilities?
Texas law provides that open-enrollment charter schools are required to provide special education services per federal law and are considered their own LEA for special education services. A school district-authorized charter school is part of the LEA that is the school district.
Texas law specifies that open-enrollment charter schools are entitled to funds that are available to school districts from the state agency or the state commissioner in the form of grants or other discretionary funding unless the statute authorizing the funding explicitly provides that open-enrollment charter schools are not entitled to the funding. This law doesn’t apply to district-authorized charters.
The law states that an open-enrollment charter school is entitled to the same level of services provided to school districts by regional education service centers.
Is there clear identification of special education responsibilities?
Utah law provides that a charter school is the LEA for special education purposes. In addition to federal funding, Utah law provides funding for special education students.
Is there clear identification of special education responsibilities?
Virginia law provides that the proportionate share of state and federal resources allocated for students with disabilities and school personnel assigned to special education programs be directed to public charter schools enrolling such students.
Is there clear identification of special education responsibilities?
Statute notes that charter schools function as a local education agency and are responsible for meeting the requirements related to individuals with disabilities. The law notes generally addresses supplemental funding for all students with disabilities. The law provides that charter schools have access to the same special education “safety net” funding for low-incident, high-cost service as do traditional public schools.
Is there clear identification of special education responsibilities?
The law any public charter school shall be treated and act as its own local education agency for all purposes, except as needed under the provisions of the Public School Support Plan for funding purposes.
West Virginia law requires charter schools to provide programs and services to a student with a disability in accordance with the student’s individualized education program and all federal and state laws, regulations, rules and policies. It also states that a charter school shall deliver the services directly or contract with a county board or another provider to deliver the services as set forth in its charter contract.
Is there clear identification of special education responsibilities?
The law provides that independent charters are their own LEAs. In practice, a charter school that is sponsored by a local school board may be either part of the school district LEA that authorized it or its own LEA.
Is there clear identification of special education responsibilities?
Wyoming law provides that the local school district authorizer is the local education agency for special education purposes and responsible for providing and funding services to charter schools.