BILL NUMBER: SB 1708	CHAPTERED  07/05/02

	CHAPTER  117
	FILED WITH SECRETARY OF STATE  JULY 5, 2002
	APPROVED BY GOVERNOR  JULY 3, 2002
	PASSED THE ASSEMBLY  JUNE 20, 2002
	PASSED THE SENATE  MAY 8, 2002

INTRODUCED BY   Senator Poochigian

                        FEBRUARY 21, 2002

   An act to amend Section 47646 of the Education Code, relating to
charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1708, Poochigian.  Charter schools:  special education funding.

   Existing federal law, the Individuals with Disabilities in
Education Act (IDEA), requires school districts, county offices of
education, and special education local plan areas to comply with
state laws that conform to the federal Individuals with Disabilities
Education Act, in order that the state may qualify for federal funds
available for the education of individuals with exceptional needs.
The IDEA requires that the local educational agency service children
with disabilities who attend charter schools in the same manner as it
serves children with disabilities in other schools.
   This bill would clarify that a charter school is allowed to report
average daily attendance to accommodate eligible pupils who require
extended year services as part of an individualized education plan
under the IDEA.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 47646 of the Education Code is amended to read:

   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
Individuals with Disabilities Education Act (20 U.S.C.  Sec. 1400 et
seq.) and implementing regulations.
   (b) In administering the local operation of special education
pursuant to the local plan established pursuant to Chapter 3
(commencing with Section 56200) 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 plan.
   (2) Any necessary special education services, including
administrative and support services and itinerant services, that is
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 56200) 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.