1. Special Education and the Charter Schools
Donnalyn Jaque-Antón, Associate Superintendent
Didi Nubla, Deputy Budget Director
November 20, 2008

2. Relevant State Law Education Code
Pursuant to the California Education Code, a charter school shall not discriminate against any pupil on the basis of ethnicity, national origin, gender, or disability.
Education Code
§ (d) (2) (A)
“A charter school shall admit all pupils who wish to
attend the school.”

3. Vision for Charter Schools
The LAUSD Division of Special Education is
committed to enrollment and success of
students with disabilities at Charter Schools.
Our goal is to collaborate with charter schools
to ensure that they provide students with
disabilities a free and appropriate public
education (FAPE).

4. Charter Facts
Statewide: Eligible students with disabilities represent 10%-11% of total student enrollment at District operated public schools.
LAUSD: Eligible students with disabilities represent approximately 11% of the student population in LAUSD operated public schools.

5. Charter Facts
Statewide: Eligible students with disabilities represent between 6% – 7% of the charter school population.
LAUSD: Elilgible students with disabilities represent an average of 5.5% - 6% of the LAUSD charter school population.
Students at charter schools tend to have mild to moderate disabilities (eg. Speech and Language Impairment (SLI) or Specific Learning Disability (SLD) and limited numbers of students with intensive needs.

6. LAUSD Charter Facts
No more than ten (10) schools out of 137 independent charter schools have Special Day Programs.
Charter schools continue to send students to Nonpublic Schools (NPS). The entire cost of NPS placements per student of $27,000 - $40,000 per year is borne by the District.

7. Relevant State Law
Education Code section (a) states, in pertinent part, “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.”

8. Legal Requirements for Charters to Enroll and Serve Students with Disabilities
Individuals with Disabilities Education Act
IDEA 2004 provides families of students with disabilities specific rights and protections
State Mandates
LAUSD Policies and Procedures
Modified Consent Decree - MCD
Prospective Charter Schools must carefully
consider their legal obligations to serve students
with disabilities

9. LAUSD Policies and Procedures
Charter school personnel must become knowledgeable and implement practices that are consistent with Federal, State and District requirements.
Just like District operated schools, charter schools are required to utilize and comply with LAUSD Special Education Policies and Procedures Manual.

10. The Modified Consent Decree
Unique to LAUSD is the Modified Consent Decree (MCD)
that is a legal mandate imposed on all schools in the
District including those schools chartered by LAUSD. Charter
schools must use LAUSD data base system (Welligent) and
are included in MCD data reporting. Charters are accountable
for achieving MCD outcomes.
Charter schools authorized by LAUSD Board of Education are for the purposes of the MCD no different than any other LAUSD school.
LAUSD charter schools must operate consistent with:
Requirements of the MCD including the Maintenance of Effort (MOE) and Targeted Strategy Plans
Provision of data and other information required by the MCD and State and Federal agencies on a timely basis.

11. Charter Schools and Special Education
Required Special Education Petition
Elements:
Non Discrimination
Compliance with:
Federal (IDEA) and State Law
LAUSD Special Education Policies and Procedures
Modified Consent Decree – MCD
SELPA Membership
Service Delivery

12. Service Delivery Models Within LAUSD
Charter schools provide their own services
Services available from the District through fee-for-service

13. Special Education Funding for Charter Schools – Basic Principles
LAUSD is a single district Special Education Local Plan Area (SELPA) with responsibility to provide equitable and required services, whether students with disabilities are enrolled in District-operated schools or Charter schools
No one entity should benefit or be disadvantaged financially because it has provided less or more than its proportionate share of special education services
There is a SELPA-wide cost for special education. All schools, whether District-operated or charter, must contribute equally to the SELPA’s cost of providing services. 13

14. Current Funding Process
Charter schools receive their AB 602 funds from the District
Charter schools receive their General Purpose Block Grant for their Special Day Program directly from the State
Charter schools are required to contribute 27% of their AB 602 funds towards the District’s unrestricted program support costs
We have been unable to determine the extent to which charters are contributing (or under-contributing) to SELPA-wide costs because we do not have expenditure data for special education at charter schools 14

15. Revised Process for Funding Special Education at LAUSD Charter Schools (part 1)
The District will calculate its per pupil
unrestricted program support cost
In Millions
Special Ed Costs(excl. admin costs) $1,313.4
Special Ed Revenue $
Unrestricted Support to Sp Ed $
District wide ADA ,071
Unrestricted Program Support per ADA $ 15

16. Revised Process for Special Education Funding of Charter Schools (part 2)
A charter school will be asked to provide its projected special education expenditures. Expenditures will be based on District standards for services.
LAUSD will calculate the charter school’s unrestricted program support costs per pupil
A comparison of the unrestricted program support costs per pupil for the District and charter school will be made as shown in the following scenarios. 16

17. If a charter school has a per pupil unrestricted support cost that is higher than the District’s the school will receive additional resources from the District
Amount
School Special Ed Costs $775,000
Special Ed Revenue (incl. General Purpose Block
Grant for SDP students) $400,000
Special Ed Unrestricted Program Support Costs $375,000
School’s ADA
School’s Unrestricted Program Support per ADA $ 1,042
LAUSD’s Unrestricted Program Support per ADA $
Difference in Unrestricted Program Support $
multiplied by School’s ADA
Additional Allocation to School $ 17,640 17

18. If a charter school’s unrestricted program support costs per pupil is lower than the District’s the charter school will be charged the difference
Amount
Schools Special Ed Costs $600,000
Special Ed Revenue (incl. General Purpose Block
Grant for SDP students) $400,000
Special Ed Unrestricted Program Support $200,000
School’s ADA
School’s Unrestricted Program Support per ADA $
LAUSD’s Unrestricted Program Support per ADA $
Difference in Unrestricted General Fund support $
multiplied by School’s ADA
Additional Charge to School $157,320 18

19. If a charter school has no special education program, the school will not receive any special education revenue and will be charged the Districtwide support cost per pupil
Amount
School Special Ed Costs $ 0
Special Ed Revenue $ 0
Special Ed General Fund Support $ 0
School’s ADA
School’s Unrestricted Program Support per ADA $
LAUSD’s Unrestricted Program Support per ADA $
Difference in Unrestricted Program Support $
multiplied by School’s ADA
Additional Charge to School $ 357,480 19

20. If a charter school has the same per pupil unrestricted program support cost as the District the school will neither be charged nor receive additional revenue
Amount
School Special Ed Costs $757,480
Special Ed Revenue (incl. General Purpose Block
for SDP students) $400,000
Special Ed Unrestricted Program Support $357,480
School’s ADA
School’s Unrestricted Program Support per ADA $
LAUSD’s Unrestricted Program Support per ADA $
Difference in Unrestricted Program Support $
multiplied by the School’s ADA
Additional charge/revenue to school $ 20

21. What do other Districts Do?
All Districts collect encroachment from charter school block grant - not from AB 602 special education funding.
Charter schools provide special education cost data to District/SELPA.
Support special education with district programs or services.

22. Oversight and Monitoring
It is the intent of legislation for school districts to ensure that Charter Schools provide equal access and services to students with disabilities.
Charter School Division
General oversight responsibility:
Monthly site visits including visit focused on special education monitoring
Comprehensive Annual site reviews
Investigate reported violations of law or charter
Identification of best practices

23. Oversight and Monitoring
Division of Special Education
Supports oversight through:
District Validation Review (DVR) - conducted on a four year cycle
Self-Review Checklist – completed annually and submitted to
Charter Schools Division
Investigate complaints/concerns brought to the attention of the
MCD guidance and supports
Due Process Coordination
Support Units – Technical Support

24. Oversight and Monitoring
Division of Special Education
Supports oversight through:
Professional Development for teachers and administrators including SPELA
Continuum of Programs/Services
Clinics and Consultation
Ongoing program support and guidance
Paraprofessional training
Supplies brochures, pamphlets and posters

25. Oversight and Monitoring
Division of Special Education
Supports oversight through:
Continuum of Programs/Services
Support Units – Technical Support
Professional Development – including SPELA
Clinics and Consultation
Ongoing program support and Guidance

26. Let us put our heads together and see what life we will make for our children. Tatanka Iotanka (Sitting Bull, Lakota Leader)