Section 47641 Of Article 4. Special Education Funding From California Education Code >> Division 4. >> Title 2. >> Part 26.8. >> Chapter 6. >> Article 4.
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).