Section 47646 Of Article 4. Special Education Funding From California Education Code >> Division 4. >> Title 2. >> Part 26.8. >> Chapter 6. >> Article 4.
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.