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005.18.5-5.11. Children with Disabilities in Charter Schools

AR ADC 005.18.5-5.11Arkansas Administrative CodeEffective: June 1, 2019

West's Arkansas Administrative Code
Title 005. Department of Education
Division 18. Special Education and Related Services
Rule 5. Free Appropriate Public Education (Fape)
Effective: June 1, 2019
Ark. Admin. Code 005.18.5-5.11
005.18.5-5.11. Children with Disabilities in Charter Schools
Currentness
5.11.1 Children with disabilities who attend public charter schools and their parents retain all rights under these regulations.
5.11.2 If the public charter school is an LEA, consistent with 34 CFR 300.28, that receives funding under 34 CFR 300.705, that charter school is responsible for ensuring that the requirements of this part are met, unless State law assigns that responsibility to some other entity. (See § 27.00 of these regulations).
5.11.3 Charter schools that are public schools of the LEA.
5.11.3.1 In carrying out Part B of the Act and these regulations with respect to charter schools that are public schools of the LEA, the LEA must -
A. Serve children with disabilities attending those charter schools in the same manner as the LEA serves children with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the LEA has a policy or practice of providing such services on the site to its other public schools; and
B. Provide funds under Part B of the Act to those charter schools -
1. On the same basis as the LEA provides funds to the LEA's other public schools, including proportional distribution based on relative enrollment of children with disabilities; and
2. At the same time as the LEA distributes other Federal funds to the LEA's other public schools, consistent with the State's charter school law.
5.11.4 If the public charter school is a school of an LEA that receives funding under 34 CFR 300.705 and includes other public schools -
5.11.4.1 The LEA is responsible for ensuring that the requirements of this part are met, unless State law assigns that responsibility to some other entity; and
5.11.4.2 The LEA must meet the requirements of 34 CFR 300.209 and § 27.00 of these regulations.
5.11.5 If the public charter school is not an LEA receiving funding under 34 CFR 300.705, or a school that is part of an LEA receiving funding under 34 CFR 300.705, the SEA is responsible for ensuring that the requirements of this part are met.
5.11.6 Section 5.11.5 of this part does not preclude the ADE from assigning initial responsibility for ensuring the requirements of this part are met to another entity; however, the ADE must maintain the ultimate responsibility for ensuring compliance with this part, consistent with 34 CFR 300.149 and § 27.00 of these regulations.

Credits

Amended June 1, 2019.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.18.5-5.11, AR ADC 005.18.5-5.11
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