el dorado county charter selpa tuesday, march 10, 2015 · 2015-03-05 · increase of .61%. it is...

AGENDA – EXECUTIVE COMMITTEE MEETING EDCOE/Charter SELPA: Vicki L. Barber, Retired EDCOE Supt. of Schools

David M. Toston, Executive Director Ginese Quann, Director

Francie Heim, EDCOE/Charter SELPA Consultant Lisa Donaldson, EDCOE Business Services

Emi Johnson, Charter SELPA Consultant Heather Edwards, Esq., Girard & Edwards Kathleen Hall, Administrative Program Assistant Executive Committee Members: Mary Searcy Bixby, Altus Institute Lynne Alipio, Altus Institute Elise Darwish, ASPIRE Public Schools Paula DeGroat, Lifeline Education Donn Harris, Oakland School for the Arts Cindy Petersen, Gateway Community Charters Pat Hill, Mission View Preston Smith, Rocketship Education Bill Batchelor, Livermore Valley Genevieve Thomas, Rocketship Education Tim Wolf, San Diego Consortium Gia Truong, Envision Schools LTC Richard Wallis, Oakland Military Institute Karin Marsolais, Preuss Jean Hatch, Redding School of the Arts Dawn Evenson, iLead Schools Jonathan Dean, The O’Farrell Charter School Steve Gocke, Learn4Life Mike Tracy, Heritage/Temecula Prep Phil Spears, Rocklin Academies Cerrene Cervantes, FAME Wendy Ranck-Buhr, San Diego Cooperative Schools David Sciaretta, Einstein Academies Alejandra Velez, Alliance 1. Information Item

1.1 November 13, 2014 Executive Committee Meeting Minutes A copy of the draft Minutes from the November 13, 2014 Executive Committee Meeting is included as Attachment 1.1.

2. Membership Update – Information/Discussion

2.1 Approved Applicants for 2015/16 (Information Item) A list of all applicants for 2015/16 was shared with CEO Council members for review in February, 2015. CEO Council members were asked to review the list and contribute any comments and/or concerns. The Selection Committee met February 25, 2015 and reviewed all applications submitted to the Charter SELPA for 2015-16. The Minutes from the Selection Committee meeting are included as Attachment 2.1.

2.2 Charters Who May Be Leaving or Closing for 2015-16 (Information Item) The following charters have submitted notice to withdraw documentation to the Charter SELPA for the 2015-16 school year:

EL DORADO COUNTY CHARTER SELPA Tuesday, March 10, 2015

Meeting to be held via conference call On Tuesday, March 10, 2015 at 1:00 p.m.

Please call in to 1-866-910-4857

Participant Passcode: 779154

El Dorado County Charter SELPA Executive Committee Meeting March 10, 2015 Agenda Page -2-

Alliance Dr. Olga Mohan High Alliance Gertz-Ressler/Richard Merkin 6-12 Complex Alliance Marc & Eva Stern Math and Science School Alliance Ouchi-O’Donovan 6-12 Complex Alliance College Ready Middle Academy #4 Alliance College Ready Middle Academy #5

3. Accountability Update/ Charter SELPA Oversight Benchmarks (Information/Discussion)

3.1 Report on Audit Review Findings (Information Item)

On an annual basis, we review Charter SELPA members’ audit reports and report back to the Executive Committee significant concerns about fiscal insolvency or organizational capacity issues as identified in audit report findings. A document entitled “2013-14 Audit Report Update” is included as Attachment 3.1.

3.2 Report on Pupil Count as % of ADA (Information Item)

On an annual basis, we review the official December Special Education Pupil Count for each charter, as compared to their current year P-1 ADA. Charters with an identification rate less than 4% will be reviewed by Charter SELPA staff to determine if the charter has the organizational capacity to be an LEA. Charters above the SELPA-wide average will also be reviewed to determine why the identification rate is so high. A document entitled “Percent of Pupils Served 2014-15 (P-1)” is included as Attachment 3.2.

3.3 Participation (Information Item) An accountability measure is in place to measure participation in the Charter SELPA and provide feedback to member LEAs when expectations are not met. If a member has not been active from July through December, a formal letter is sent in January. Participation in 2014-15 to date has been strong. There are seven charters that we have not had in attendance and our team has done appropriate follow up.

4. Charter SELPA 2014-15 ERMHS (Educationally Related Mental Health Services) Budget Update and Allocation Plan Language Revision CEO Council approved (September 2014) a new ERMHS formula for 2014-15 that was intended to provide adequate funds for Level 3 ERMHS NPS placement costs (including residential costs), and provide a predictable revenue stream for Level 1 and Level 2 budget requests. Based on our January 2015 review of all elements of the formula, no shortfall in Level 1, 2, or 3 is anticipated. Some modification of the Allocation Plan language is proposed for 2015-16. A document entitled “2014-15 ERMHS Budget Update & Allocation Plan Language Review” is included as Attachment 4. This document includes recommendations to be brought to the Executive Committee for input with any final Allocation Plan language changes occurring at the May 2015 CEO Council meeting.


5. Federal Funds - Allocation Plan Language Revision

The current Allocation Plan language for the Charter SELPA provides for federal funding to be distributed based on prior year P-2 ADA. Because some charters increased significantly in numbers from the October CBEDS count to reported P-2 ADA (a cumulative count of attendance through April 15), P-2 ADA no longer works equitably in the formula. A document entitled “Allocation Plan Revision – 2013-14, 2014-15, 2015-16 Federal Funding Rate” is included as Attachment 5. This document includes recommendations to be brought to the Executive Committee for input. This will be placed on the May, 2015 CEO Council agenda for action and implementation in 2015-16.

6. Funding Rate - Allocation Plan Language Revision

There is a lower deficit for 2013-14 state special education funding (February 2015 certification). The 2.79% deficit has been reduced to 1.83%, leading to an unbudgeted increase in funding. There is a deficit applied to the state special education funding for 2014-15 in the amount of 2.93%. Our recommended budget rate included a 2.29% deficit, which is a slight increase of .61%. It is possible this deficit will be reduced in June 2015. A document entitled “2013-14, 2014-15, 2015-16 State Funding Rate” is included as Attachment 6. This document includes recommendations to be brought to the Executive Committee for input. This will be placed on the May, 2015 CEO Council agenda for action.

7. Charter SELPA Local Plan Update Status

In May 2014, CEO Council approved updated policies to align many of the governance activities with current practice. The Charter SELPA Local Plan governance language needs to be updated to reflect current policies. The revised timeline for updating the Local Plan in 2014-15 is as follows:

September 2014 Timeline shared with CEO Council

November 2014 Draft changes discussed with Executive Committee Review with Legal

February 2015 Send proposed Local Plan changes to CEO Executive Committee

March 2015 Final Local Plan reviewed with CEO Executive Committee

April/May 2015 Final Local Plan reviewed with CAC Committee Share proposed Local Plan with potential new members of the SELPA

May 2015 CEO Council approval

El Dorado COE Board approval

June to Sept. 2015 All members requested to have the new Local Plan approved by their local board


A revised Local Plan is included as Attachment 7. This revised Local Plan will be placed on the May 2015 CEO Council agenda for approval and each member will have their boards adopt the new Local Plan during the timeframe of June to September 2015.

8. Financial Update (Information Item)

An Executive Summary/Financial Update is included as Attachment 8. Included in this update is information on the following items:

2014-15 ERMHS Funding 2014-15 P-1 ADA, Budget and Cash Flow Update 2014-15 Cash Advance Risk Pool Update Low Incidence Materials and Services Update Automatic Check Deposit 2015-16 Administrative Fee Federal MOE Requirement and Budget Training

9. Symposium Review

10. May 2015 Retreat Planning 11. Performance Survey Workgroup

12. Director’s Report 13. Next Meeting Date The next regularly scheduled meeting/retreat of the Charter SELPA Executive Committee will

be held Wednesday, May 20, 2015 at 5:30 p.m. at a dinner meeting at the Doubletree Downtown San Diego at 1646 Front Street in San Diego, CA.

Attachment 1.1

MINUTES – EXECUTIVE COMMITTEE MEETING *Denotes Participation in Conference Call EDCOE/Charter SELPA: *Vicki L. Barber, Retired EDCOE Supt. of Schools

*David M. Toston, Executive Director *Ginese Quann, Director

*Francie Heim, EDCOE/Charter SELPA Consultant *Lisa Donaldson, EDCOE Business Services

*Emi Johnson, Charter SELPA Consultant Heather Edwards, Esq., Girard & Edwards *Kathleen Hall, Administrative Program Assistant Executive Committee Members: Mary Searcy Bixby, Altus Institute *Lynne Alipio, Altus Institute Elise Darwish, ASPIRE Public Schools Paula DeGroat, Lifeline Education *Donn Harris, Oakland School for the Arts *Cindy Petersen, Gateway Community Charters *Pat Hill, Mission View Preston Smith, Rocketship Education Bill Batchelor, Livermore Valley *Gia Truong, Envision Schools Tim Wolf, San Diego Consortium Alejandra Velez, Alliance LTC Richard Wallis, Oakland Military Institute *Karin Marsolais, Preuss *Jean Hatch, Redding School of the Arts *Dawn Evenson, iLead Schools Jonathan Dean, The O’Farrell Charter School Steve Gocke, Learn4Life *Mike Tracy, Heritage/Temecula Prep Phil Spears, Rocklin Academies *Cerrene Cervantes, FAME *Wendy Ranck-Buhr, San Diego Cooperative Schools *David Sciaretta, Einstein Academies *Genevieve Thomas, Rocketship Education Guests: *Lisa Frecerro, ASPIRE (for Elise Darwish); *Julie Mattoon, KIPP Bay Area Schools; *Jeff Weiss, St. Hope; *David Yeager, Thrive; *Tinia Cortez, Lifeline (for Paula DeGroat) 1. Information Item

1.1 September 26, 2014 CEO Council Meeting Minutes A copy of the Unadopted Minutes from the September 26, 2014 CEO Council Meeting was included as Attachment 1.1.

2. Charter SELPA 2014-15 ERMHS (Educationally Related Mental Health Services) Funding Update

In order to provide general guidance to the field, we asked CEO Executive Committee for input on the recommendations included in the document, Attachment 2, which included detailed information on the November 3 budget requests submitted for Level 1, Level 2 and Level 3. Any actions requiring formal approval will take place at the May 2015 CEO Council meeting. Vicki Barber and David Toston reviewed the five recommendations presented in the document and, after lengthy discussion, the Executive Committee reached a consensus to empower the SELPA to move forward on the first four recommendations. The fifth recommendation, changes necessary for the formula in 2015-16 to ensure adequacy of funding, will be moved forward until after the first of the

EL DORADO COUNTY CHARTER SELPA Thursday, November 13, 2014

Meeting was held via conference call On Thursday, November 13, 2014 at 10:00 a.m.

El Dorado County Charter SELPA Executive Committee Meeting Attachment 1.1 November 13, 2014 Minutes Page -2-

year. Additional information will be available and projections will be presented to Executive Committee at the March meeting. A summary of the Executive Committee discussion is as follows:

When CEO Council approved a new ERMHS formula (May 22, 2014), it required a submission of all budget requests by November 1, 2014 in order for the Charter SELPA to determine the availability of funds for 2014-15 and, if a shortfall exists, provide an early update to the field so that members could plan accordingly. There is a 10% shortfall projected for 2014-15 Level 2 ERMHS (Educationally Related Mental Health Services) budget requests. However, depending upon a variety of factors, e.g. increased Charter SELPA ADA and lesser actual expenditures costs for Level 2 and Level 3, the final Level 2 shortfall may be reduced. We believe the 10% shortfall is conservative and we will provide another update to the field in early February when all P-1 ADA reports are compiled and all Level 2 and Level 3 budget requests are verified for reasonableness of costs claimed. Our team is currently reviewing all budget requests and charters will be notified in early February of allowable Level 2 and Level 3 budget request amounts, with the first 50% cash disbursement occurring in February 2015.

After discussion with CEO Executive Committee, budget request reimbursements will be processed under the assumption that transportation costs may be claimed for Level 3 but are not allowable for Level 2, with formal Allocation Plan language ratification to occur at the May 2015 CEO Council meeting. Because of the projected shortfall in Level 2, there will be no additional window of opportunity to apply for Level 2 funds in 2014-15.

David Toston and Vicki Barber expressed their appreciation and thanks to all Charter SELPA members for meeting the November timeline, which allowed us to provide an early warning of a potential shortfall.

2. 2013-14 Unspent Funds Report (Information/Discussion)

The 2013-14 fiscal year has closed and a report of unspent funds was provided to the CEO Executive Committee in Attachment 3. This report is provided to the Executive Committee as an information item. Charters with modified funding have been provided information on the calculation and the estimated amounts. An IRT (Integrated Review Team) visit will be scheduled, if appropriate. $291,000 has been transferred to the risk pool from 2013-14 modifications, leaving an estimated ending balance of $154K in the risk pool (previously estimated to be $62K).

3. Local Plan Update Status

In May 2014, CEO Council approved updated policies to align many of the governance activities with current practice. The Charter SELPA Local Plan governance language needs to be updated to reflect current policies. The revised timeline for updating the Local Plan in 2014-15 was presented as follows: September 2014 Timeline shared with CEO Council

November 2014 Draft changes discussed with Executive Committee

Review with Legal

February 2015 Send proposed Local Plan changes to CEO Executive Committee Share proposed Local Plan with potential new members of the SELPA

March 2015 Final Local Plan reviewed with CEO Executive Committee


April/May 2015 Final Local Plan reviewed with CAC Committee

May 2015 CEO Council approval

El Dorado COE Board approval

June to Sept. 2015 All members requested to have the new Local Plan approved by their local board

A revised Local Plan will be placed on the May 2015 CEO Council agenda for approval and each member will have their boards adopt the new Local Plan during the timeframe of June to September 2015.\

5. Membership Update – Information/Discussion

5.1 Charters Expressing Interest for 2015-16 (Information Item) A list of charters interested in joining the El Dorado County Charter SELPA for 2015-16, including those who attended the Potential New Member Meeting on October 16th, was presented in Attachment 5.1. The SELPA staff reported on the recent Potential Members Meeting held October 16, 2014 at the El Dorado County Office of Education. For charters interested in becoming members in 2015-16, two additional component were added to the application process. Applicants must now either attend the Potential Members Meeting or participate online before they submit an application, and a capacity interview will be conducted prior to the Selection Committee meeting.

5.2 Charters Who May Be Leaving or Closing for 2015-16 (Information and Discussion Item) The following charters have submitted notice to withdraw documentation to the Charter SELPA for the 2015-16 school year:

Alliance Dr. Olga Mohan High Alliance Gertz-Ressler/Richard Merkin 6-12 Complex Alliance Marc & Eva Stern Math and Science School Alliance Ouchi-O’Donovan 6-12 Complex Alliance College Ready Middle Academy #4 Alliance College Ready Middle Academy #5 Bayshore Preparatory Academy

5.3 Charter Member Participation – Follow Up (Discussion) The Charter SELPA encourages full participation of our members and an important piece of the

participation expectations is attendance at meetings and professional development opportunities. In January, Charter SELPA will compile a listing of charters and their

participation to date at the following activities: Attendance at the September CEO Council Meeting

Attendance at CEO Executive Committee Meetings, if applicable Attendance at Program Steering Committee Meetings Attendance at Charter SELPA Professional Development Events Attendance at the Charter SELPA Finance Meeting in October Attendance at Charter SELPA Fiscal Trainings

The SELPA will then evaluate each charter’s participation and if a charter has not had meaningful participation as of January (mid-year), the charter will be notified in writing by the Charter SELPA staff that their continued participation in the Charter SELPA may be


in jeopardy unless they improve their participation for the remainder of the year. Meaningful participation is defined as a minimum of participation at two activities as of mid-year. Most of the meetings and many of the trainings are available remotely by way of Go To Webinar, so travel is not required. EDCOE will be sending out letters in January per the approved guidelines for participation.

Vicki Barber led a discussion on strategies to increase attendance at the CEO Council meetings.

The Charter SELPA leadership team will consider suggestions, which included possibly adding guest speakers, travel considerations, networking time, lengthening time of meetings, among others. This topic will be re-visited at future Executive Committee meetings.

Meeting concluded at 11:00 a.m.

Attachment 2.1

1

Jeremy M. Meyers, Superintendent David M. Toston, Executive Director

Selection Committee Review Minutes

Wednesday, February 25, 2015 Via Conference Call 10:00 a.m. – 10:30 a.m. Selection Committee Members Present: Julie Mattoon, Genevieve Thomas, Cerrene Cervantes, Debi Gooding, Paul Keefer, Jean Hatch, Marisol Rerucha El Dorado County Charter SELPA present: David Toston, Ginese Quann, Lisa Donaldson, Vicki Barber The Charter SELPA team has prepared recommendations for the Selection Committee to review as set forth on the attached documents.

1. Approved for Admission

a. Priority Level 1 (Expansions)

Expansion of existing Charter SELPA Partners is done through a modified application

process and approval is done by the Charter SELPA Executive Director. CEO AR

22…The Charter SELPA Executive Director/designee will review all information. The Executive

Director may approve the addition. If the Executive Director has questions or concerns the information

can be sent to the Charter SELPA Selection Committee for further review.

The Charter SELPA Executive Director has reviewed this information and is

presented as an informational item.

Selection Committee approval is not required.

Expansions of existing Charter SELPA members (JPA, CMO, non-profits with two or more charters, or affiliated with a Charter SELPA member developer).

Charter Name CMO Location ADA SpEd

Enrollment

1 Acacia Elementary Charter Tri-Valley Learning Corp. Stockton 605 25

Attachment 2.1

2

2 Acacia Middle Charter Tri-Valley Learning Corp. Stockton 165 20

3 Alpha: Cindy Avitia High Alpha Public Schools San Jose 152 17

4 Aspire Richmond Technology Academy

Aspire Public Schools Richmond 312 24

5 Baypoint Preparatory Academy The Bay Group Hemet 325 32

6 Empowering Possibilities Charter Gateway Community Charters West Sacramento

270 10

7 KIPP Excelencia Community Prep KIPP Bay Area Schools Redwood City 360 25

8 Morgan Hill Prep Navigator Schools Morgan Hill 240 14

9 Paseo Grande Charter Learn4Life Concept Charter Schools

Sacramento 100 14

10 Rocketship Redwood City Rocketship Public Schools Redwood City 400 32

11 Rocklin Academy Gateway Rocklin Academy Family of Schools

Rocklin 990 75

12 Salinas Preparatory Charter Navigator Schools Salinas 240 14

2. Recommend Admission

a. Priority Level 1 (State Board Approved)

The Selection Committee by unanimous consensus approved the recommendation.

State Board of Education approved charters.


Enrollment

1 OnePurpose School None SF 120 10

b. Priority Level 2


New start-up charters affiliated with a CMO/JPA/other non-profit with two or more charters, or affiliated with a Charter SELPA member developer. Such support would indicate a structure sufficient to ensure success. Charters currently operating as an LEA for special education, structure sufficient to ensure success. Charters affiliated with a current Charter SELPA member, but not within a CMO/JPA/other non-profit with two or more charter structure. Charters whose authorization and/or continued authorization as a charter school is dependent upon seeking an outside SELPA approval.

Attachment 2.1

3


Enrollment

1 Benito Juarez Elementary Amethod Public Schools Richmond 153 15

2 DaVinci Communications DaVinci Charter Schools Hawthorn 96 16

3 DaVinci Innovation Academy DaVinci Charter Schools Hawthorn 173 42

4 Downtown Charter Academy Amethod Public Schools Oakland 256 10

5 Oakland Charter Academy Amethod Public Schools Oakland 143 18

6 Oakland Charter High Amethod Public Schools Oakland 335 10

7 Olive Grove Charter School Northstate JPA Orcutt 290 18

8 Richmond Charter Academy Amethod Public Schools Richmond 228 18

c. Priority Level 3


Charters not operating as their own LEA with two or more successful years of operation, but new to the Charter

SELPA.


Enrollment

1 Kavod Elementary Charter None San Diego 90 10

2 North Oakland Community Charter None Oakland 220 26

3 Santiago Charter Middle School None Orange 932 95

4 The Palmdale Aerospace Academy None Palmdale 737 60

5 Valley Preparatory Academy Charter None Fresno 342 20

6 Vista Heritage Charter Middle School Vista Charter Public Schools LA 300 30

d. Priority Level 4


New start up charters not affiliated with a CMO/JPA/other non-profit with two or more charters.


Enrollment

1 Vista Oaks Charter School None Lodi 408 53

Attachment 2.1

4

3. Recommend admission contingent on SBE authorization

a. Priority Level 1 (State Board Approved)


New start up charters not affiliated with a CMO/JPA/other non-profit with two or more charters.


Enrollment

1 Vista Oaks Charter School None Lodi 408 53

b. Priority Level 4



Enrollment

1 Paramount Collegiate Academy None Sacramento 200 10

4. Not Recommended

a. Priority Level 3



Enrollment

1 ARISE High School None Oakland 245 24

2 CORE Placer Charter School None Auburn 260 23

3 REALM Charter High School REALM Charter Schools Berkeley 365 50

4 REALM Charter Middle School REALM Charter Schools Berkeley 299 45

5 Sycamore Academy of Science and Cultural Arts

None Wildomar 372 35

6 The Guidance Charter School None Palmdale 670 81

Attachment 2.1

5

b. Priority Level 4



Enrollment

1 Beacon Classical Academy None National City 128 20

2 Francophone Charter School of Oakland

None Oakland 124 13

3 Web-Based Academy for CA None Beaumont 75 10

MARCH 10, 2015 CEO EXECUTIVE COMMITTEE ATTACHMENT 3.1 2013-14 AUDIT REPORT UPDATE

El Dorado County Charter SELPA/ 2013-14 Audit Report Update Page 1 of 2

ISSUE

Charter SELPA staff have completed the reviews of the 2013-14 independent annual audits submitted by Charter SELPA members. Our procedure requires us to report back to the CEO Executive Committee any findings and/or concerns. We received 114 audit reports with all charter Partners responding.

BACKGROUND

The following procedure was adopted by Charter SELPA CEO Council: Charter SELPA will review annual audit reports and respond in writing if the following conditions occur:

The audit report contains material findings relative to internal control.

The audit report contains material findings relative to state and federal program compliance.

The audit report provides data that would lead Charter SELPA to believe the charter is in danger of closure due to fiscal failure as a result of high debt ratios, significantly low reserves, and minimal cash balances.

Charter SELPA Executive Director may make a recommendation for further action beyond a letter of concern. Further action is defined below and may include one or more of the following:

Charter SELPA will make a site visit to the charter to review program compliance.

Charter SELPA may make a program and fiscal compliance visit (IRT).

Charter SELPA may recommend the charter be given a one-year’s Termination Notice.

Charter SELPA may develop a plan of action with the charter that provides the Charter SELPA with assurances that the charter’s fiscal solvency will improve over time.

In the past when Charter SELPA performed this review, because of the budget crisis many charters had difficulty in creating cash or fund balance/net asset reserves. We noted that many charter schools had low levels of cash, and many had high debt ratios. Those elements alone did not trigger a letter of concern or request for additional information. Because of improved funding, we anticipate that charters will have improved net asset positions. Because of the elimination of most state deferrals, we no longer place as much emphasis on cash reserves, but instead focus on negative net assets and audit findings of a material nature that could impact state/federal compliance or future fiscal solvency.

FINDINGS:

Three Partners had audit reports with significant deficiencies noted and a finding of going concern.

Two Partners had negative net assets, sufficient to cause the Charter SELPA to be concerned for their future fiscal solvency. Additional reviews and information gathering will be done.

MARCH 10, 2015 CEO EXECUTIVE COMMITTEE ATTACHMENT 3.1 2013-14 AUDIT REPORT UPDATE

El Dorado County Charter SELPA/ 2013-14 Audit Report Update Page 2 of 2

One Partner had negative net assets and a very rocky first year and second year of operation. The Charter SELPA office has been in close contact with this charter since their doors opened in 2013-14. They have had unusually high turnover of administration, low enrollment combined with optimistic budget projections, and changing board dynamics. The Charter SELPA is monitoring the situation closely.

Six Partners had negative assets, but are not of as high of concern because their financial situation is improving over time or the overall CMO organization had positive net assets.

RECOMMENDATION

The Charter SELPA will monitor and do appropriate follow-up.

MARCH 10, 2015 CEO EXECUTIVE COMMITTEE ATTACHMENT 3.2 PERCENT OF PUPILS SERVED 2014-15 (P-1)

El Dorado County Charter SELPA/ Percent of Pupils Served 2014-15 (P-1) Page 1 of 1

ISSUE

Our procedure calls for the Charter SELPA to present annually, a report of special education pupils served as a percentage of the K-12 total population. This document shows 2014 December special education pupil count compared to 2014-15 P-1 December ADA.

BACKGROUND

The statewide percent of students served in special education (2013-14 K-12) is approximately 10%.

The Charter SELPA average for 2013-14 was 8.66%.

The Charter SELPA average for 2014-15 (based on P-1 December ADA and December 2014 counts) is 9%.

The first year a charter school is open, the focus is often on building programs and seeking students so the special education numbers may be lower. The numbers in the Charter SELPA reflect that first year charters are approximately serving 6.2% of their students in special education. The second and subsequent years a charter school is open, special education numbers typically increase (9.17%). If a charter is above 14% or below 4% - it may suggest that a greater analysis and review should be conducted. If a charter continues to be under 4% in the second year - that may be a sign of concern - perhaps identification or program issues. Low identification rates often coincide with charters that have unspent funds. Beginning in 2011-12, the Charter SELPA began Integrated Review Team (IRT) visits to charters with identification percentages below 4% and had significant unspent funds. The goals of the visits are to gain an understanding of why there were unspent funds and to review the delivery of special education services to ensure student needs are being met. Four new schools were identified as below 4%. Two schools have received IRT visits in prior years and we know of the unique circumstances that result in low rates of identification.

RECOMMENDATION - NONE

The Charter SELPA team will follow-up with Charter Partners below 4% A detailed report of pupil count information will be provided at the May CEO Council meeting with a comparison of December 2014 pupil counts to October CBEDS enrollment.

2014-15 Preliminary Charter

SELPA % of Students Served

Charter

SELPA P-1

ADA

Charter

SELPA SpEd

Pupil Count

December

2014

SpEd

Count as

% of

Total

ADA

Charters - First Year in SELPA 6,278.50 392 6.24%

Charter 2 or More Years 97,206.80 8,915 9.17%

Total 103,485.30 9,307 8.99%

MARCH 2015 CEO EXECUTIVE COMMITTEE ATTACHMENT 4

2014-15 ERMHS (EDUCATIONALLY RELATED MENTAL HEALTH SERVICES)

BUDGET UPDATE & ALLOCATION PLAN LANGUAGE REVIEW

El Dorado County Charter SELPA/ 2014-15 ERMHS Budget Requests Page 1 of 5

ISSUE

Good News for 2014-15 ERMHS budget requests. Based on our January 2015 review of all elements of the

formula, no shortfall in Level 1, 2, or 3 is anticipated. Some modification of the Allocation Plan language is

proposed for 2015-16.

BACKGROUND

CEO Council approved (September 2014) a new ERMHS formula for 2014-15 that was intended to provide

adequate funds for Level 3 ERMHS NPS placement costs (including residential costs), and provide a predictable

revenue stream for Level 1 and Level 2 budget requests.

Budget requests for Level 1, 2 and 3 were required to be submitted by November 3, 2014. Preliminary results using a conservative estimate of ADA resulted in a possible 10% level 2 shortfall that was communicated to the field. As of February 2015, NO SHORTFALL is anticipated. The following elements in the budget are noted:

As of February 2015, P-1 ADA provides $300K additional estimated revenue.

Level 2 plans were reviewed in detail and the total reimbursement is now less than estimated in November 2015.

Level 3 reimbursements may still increase but an $800K reserve (line 10) is considered reasonable based on knowledge of current and pending placements.

Charter SELPA may claim an indirect rate, and 3% is budgeted.

A reserve at year end is projected to be $560K (line 14) Charter SELPA Mental

Health

2014-15 Budget Requests

Final

2011-12

Final

2012-13

2013-14 End

of Year

Actuals

2014-15

Projected

Est. 100,000

ADA

Budget

Requests as

of November

3, 2014

Budget

Update

February

2015

100,000 103,334

Income Budget

1 MH Grant - State & Federal 2,375,227 4,476,551 6,226,379 7,100,000 7,100,000 7,395,669

2 One time adjusted per ADA transfer 194,679

3 Transfer from Risk Pool 600,000

4 Total Income 2,375,227 4,476,551 7,021,058 7,100,000 7,100,000 7,395,669

5 Level 1 911,433 1,317,110 1,576,637 1,000,000 1,000,000 1,033,340

6 Level 2 - Counseling Plans 395,371 2,341,699 3,890,333 3,040,000 3,974,264 3,159,717

7 Level 2 potential shortfall (374,264)

8 Level 3 - NPS / Residential 158,013 819,963 1,489,576 2,130,000 1,645,094 1,620,851

9 Extraordinary cost pool 104,111 189,050 300,000 n/a n/a n/a

10 Reserve for additional Level 3 placements 754,906 800,000

11 Behavior Psychologist 179,540 n/a n/a n/a

12 SELPA indirect* 100,000 100,000 100,000 100,000 221,870

13 Additional discussion (Behavior Psych) 120,000 n/a n/a

14 Reserve 710,000 559,891

15 Total Expenditures 1,568,928 4,947,362 7,356,546 7,100,000 7,100,000 7,395,669

16 Shortfall as % of Level 2 -9.42%

17 Beginning Balance 806,299 335,488 0 0 0

18 Ending Balance 806,299 335,488 0 0 0 0

* total allowable indirect is 8% - 3% charged

SELPA wide Estimated P-2 ADA





Summary of Current Allocation Plan Language: Level 1 $10 per ADA but only if a budget request is submitted by November 3, 2014.

Only 19 charters did NOT submit a level 1 budget request, so no material budget amounts are freed up and no shortfall is expected.

Level 2 Service level formula ($3,000 per service) based on November 1 counts, capped at $250 per ADA,

80% funded. # of budget requests capped with SEIS formula: 83 # of budget requests capped with ADA formula: 4 # of budget requests less than SEIS/ADA formula: 68 Plans received without SEIS services: 4 Total: 159 (Note that 108 plans were submitted in 2013-14.) Level 3 Structured therapeutic program, 80% funded (certificated costs only). ERMHS for NPS placement, 90% funded. NPS placement residential costs, 100% funded.

RECOMMENDATIONS FOR DISCUSSION: In order to provide general guidance to the field, we are asking CEO Executive Committee for input. Any actions requiring formal approval will take place at the May 2015 CEO Council meeting.

1. BASED ON BUDGET REQUESTS FILED TO DATE – ARE THERE SUFFICIENT FUNDS TO MEET COMMITMENTS?

Yes

2. SHOULD A LEVEL 2 “SECOND WINDOW” OF OPPORTUNITY BE PROVIDED? We believe the answer is no. Identified services have increased substantially and reserves are not sufficient to ensure predictability of funding.

2012-13 * 2013-14* 2014-15 Change

On-Site Structured Therapeutic 80,000 500,000 (500,000)

On-Site Structured Therapeutic 1 15,200



Residential/NPS ERMHS 634,963 779,756 (779,756)

Residential - 9 students 858,851

NPS ERMHS 529,000

Transportation 60,000 113,000 109,000 (4,000)

Admin./Other Staffing 30,000 75,000 (75,000)

Indirect 15,000 22,000 (22,000)

Total 819,963 1,489,756 1,620,851 131,095

Reserve for additional costs 800,000 800,000

Total 819,963 1,489,756 2,420,851 931,095

* Historic data costs estimated based on preliminary budget amounts





Over 260 new services have been identified in SEIS, comparing February 2015 counts to November 2014

counts.

$3,000 per service x 80% x 260 services = $624,000.. The formula could be adjusted to pro-rate for

services after November 1.

Because the formula is so new and the impact unknown, we would prefer to end 2014-15 with a

reserve in mental health and to better ensure predictability of funding in 2015-16. With an upward

trend of increased services in the current year, we can expect increased Level 2 budget requests in 2015-

16.

Allocation Plan language provides for a second window on Level 2 requests.

A budget request for Level 2 reimbursement must be filed with the Charter SELPA by November 1.

Plans submitted after November 1 will not be accepted.

A second window of opportunity to file for Level 2, MAY be established each year, dependent upon available funding. In November of each year, Charter SELPA leadership shall review with CEO Executive Committee Level 1, 2, and 3 budget requests filed to date. A finding will be made regarding sufficiency of funding for the fiscal year. If it is determined that there are sufficient funds to provide a second window of opportunity for Level 2 service count adjustments and budget requests, parameters for additional Level 2 budget requests will be established at that time. The determination of additional Level 2 services funding availability, revised service count date, and percentage of funding, will be made annually and may vary from year to year.

3. SHOULD ERMHS TRANSPORTATION COSTS BE FUNDED UNDER LEVEL 1, 2, OR 3?

For Level 3, we believe the answer is yes.

The Level 3 budget amount above includes transportation costs and we believe there is sufficient

funding.

Level 3 costs would be allowable under ERMHS NPS placement and are 90% funded, but would not be

allowable for the on-site structured therapeutic program.

For Level 2, it may not be prudent to allow for transportation costs.

Three charters submitted Level 2 transportation requests.

Total requests (prior to 80%) of $25,500 ($16,200 + $7,800 + $1,500).

Because of concerns of increasing Level 2 costs into the future, it is prudent to maintain cost containment measures.

For Level 1, it may be appropriate to allow for transportation costs. We have already provided flexibility of indirect costs (not allowable elsewhere) and this may be a continuation of that flexibility.





4. WHAT CHANGES ARE NEEDED FOR THE FORMULA IN 2015-16 TO ENSURE ADEQUACY OF FUNDING?

The top priority is to fund Level 3 plans; they are increasing significantly over time.

Level 2 plans requests have stabilized in the current year with the existing formula. But that may not be

true in 2015-16. With over 260 new services identified from November 2014 to February 2015, Level 2

costs will increase significantly in 2015-16. Using the January count as a base and assuming another 20%

increase in services, we could anticipate Level 2 budget requests increasing by over $1 M. in 2015-16.

In order to ensure sufficient Level 2 and Level 3 funding and adequate reserves, it may be wise to have a back-up plan for 2015-16. Recommendations include:

Our formula provides for an early warning of shortfalls in early November. It may be advisable to provide for an earlier process? Example: Level 2 budget requests are based on $3,000 per service level at 80% funding with additional maximum caps per ADA. The Charter SELPA will take a count on September 15 to determine if identified services have increased such that Level 2 funding may not be sufficient. If Charter SELPA determines a shortfall MIGHT exist, the formula will be automatically reduced to a range between $2,000 to $3,000 per service. If the rate is reduced below $3,000 and a shortfall occurs, the shortfall will be applied equally to all approved budget requests. Should the budget, at a later date, provide for the formula to return to $3,000, it shall be increased and charters notified accordingly. Change Level 2 service count to October 1 (from November 1), with plans continuing to be due November 1. Clarify that service count is not cumulative but a snapshot as of the count date.

Formal approval of Allocation Plan language regarding allowable transportation costs for Level 3 and Level 1, but excluded for Level 2. However, we may wish to provide for some type of Level 2 transportation cost pool. E.g. if at the close of the year, there are sufficient funds, $50,000 could be allocated to fund Level 2 transportation claims at 80%. However, reimbursement may be less based on total claims versus amounts available in the pool and will be pro-rated accordingly. This could be implemented in 2014-15 as well.

Recommendations will be brought to the March CEO Executive Committee meeting for input with any final Allocation Plan language changes occurring at the May 2015 CEO Council meeting.





SUMMARY OF BUDGET ELEMENTS OVER TIME

Note that ERMH services have increased substantially over time with the possibility of 2,670+ identified services in 2015-16. Based on previous average budget requests, that would translate to over $4.3 M. in Level 2 budget reimbursements, an increase of $1m+. Level 3 plans may continue the upward trend as well.

Summary of ERMHS

Key Elements

2012-13

Actual

2013-14

Actual

2014-15

Budget Change

2015-16

Budget

Projected

Increase Change

ERMHS Income 4,476,551 6,226,379 7,100,000 14% 8,165,000 1,065,000 15.00%

ADA (SELPA) 71,252 87,921 103,334 18% 118,334 15,000 15.00%

Level 2 Plans 2,341,699 3,890,333 3,159,717 -19% 4,299,921 1,140,204 36.00%

Level 3 Plans 819,963 1,489,576 2,420,851 63% 2,905,000 484,149 20.00%

# Level 2 Plans 100 108 159 47% 191 32 20.00%

ERMH IEP Services 1,194 1,627 1,962 21%

ERMH IEP Services February 2015 1,627 2,222 37%

2,222 2,670 448 20.00%ERMH IEP Services - projected for 2015-16

MARCH 10, 2015 CEO EXECUTIVE COMMITTEE ATTACHMENT 5 ALLOCATION PLAN REVISION – FEDERAL FUNDS

El Dorado County Charter SELPA/ Allocation Plan Revision – Federal Funds Page 1 of 2

ISSUE

The current Allocation Plan language for the Charter SELPA provides for federal funding to be distributed

based on prior year P-2 ADA. Because some charters increased significantly in numbers from the

October CBEDS count to reported P-2 ADA (a cumulative count of attendance through April 15), P-2 ADA

no longer works equitably in the formula.

BACKGROUND In 2013-14, a Charter Partner with 12 schools had P-2 ADA 34% higher than CBEDS due to a variety of factors, including year round schedules, growth, and services provided to at-risk youth. This highlighted the need for the formula to adjust to CBEDS. 18 other charters had P-2 ADA higher than CBEDS but on average, the increase was less than 6%. For the majority of Charter Partners, CBEDS is a higher number than P-2 ADA. The Charter Partner with 34% higher ADA than CBEDS, was advised that CEO Council would be asked to approve Allocation Plan language to change the distribution of federal funding from P-2 ADA to CBEDS effective in 2015-16. The Partner is supportive of the proposed change and voluntarily reduced to the level of their CBEDS count for distribution of federal funds in 2014-15.

Federal funds are distributed to the SELPA based on a complex formula that involves Charter SELPA base

year funding, prior year CBEDS (85% weight) and free and reduced lunch counts (15% weight).

The Charter SELPA Allocation Plan was developed with the following core principles:

Stability and predictability of funding is critically important

Timely and accurate projections with no surprises

Timely and accurate distribution of cash

Reasonable and consistent rationale developed with a standard of fairness and equitability

Transparency Basic Elements:

Funding distributed based on ADA

Because ADA definitions on various funding may lag a year, funding distributions to members may result in NOT all members receiving funding at the same rate. Each funding allocation will be addressed separately with this principal in mind.

Current Allocation Plan Language for Federal Funding:

FEDERAL FUNDING The amount of federal funding for the SELPA varies each year, based on a complex formula of base amounts, prior year total population counts and prior year counts of eligible free and reduced student counts. Distribution of federal funds for the Charter SELPA members will be based on:

Prior year ADA for prior year members of the Charter SELPA.

Prior year ADA for current year members of the Charter SELPA who were in operation in the prior year but a member of another SELPA, and CDE included their prior year data in the current year

MARCH 10, 2015 CEO EXECUTIVE COMMITTEE ATTACHMENT 5 ALLOCATION PLAN REVISION – FEDERAL FUNDS

El Dorado County Charter SELPA/ Allocation Plan Revision – Federal Funds Page 2 of 2

calculation of the Charter SELPA federal grant.

Charter members NOT eligible for federal funds:

A charter member with unspent funds from prior years and per the allocation plan criteria, are not eligible to receive federal funds.

A start-up charter in year 1 with the Charter SELPA, and no prior year ADA that would be included in the current year Charter SELPA federal grant calculation.

A charter in year 1 with the Charter SELPA, with prior year ADA that for some reason was not included in the current year Charter SELPA federal grant calculation.

RECOMMENDATION: CEO Executive Committee is asked to provide input on the following recommendation. This will be placed on the May CEO Council agenda for action and implementation in 2015-16. Revise the Allocation Plan language, effective 2015-16, to distribute federal funds based on prior year CBEDS. This does not impact any other elements of the Allocation Plan language that currently use P-2 ADA as a basis for distribution of funds. Allocation Plan Language for Federal Funding The amount of federal funding for the SELPA varies each year, based on a complex formula of base amounts, prior year total population counts and prior year counts of eligible free and reduced student counts. Distribution of federal funds for the Charter SELPA members will be based on:

Prior year CBEDS for prior year members of the Charter SELPA.

Prior year CBEDS for current year members of the Charter SELPA who were in operation in the prior year but a member of another SELPA, and CDE included their prior year data in the current year calculation of the Charter SELPA federal grant.

Charter members NOT eligible for federal funds:

A charter member with unspent funds from prior years and per the allocation plan criteria, are not eligible to receive federal funds.

A start-up charter in year 1 with the Charter SELPA, and no prior year CBEDS that would be included in the current year Charter SELPA federal grant calculation.

A charter in year 1 with the Charter SELPA, with prior year CBEDS that for some reason was not included

in the current year Charter SELPA federal grant calculation

MARCH 10, 2015 CEO EXECUTIVE COMMITTEE ATTACHMENT 6 ALLOCATION PLAN REVISION 2013-14, 2014-15, 2015-16 STATE FUNDING RATE

El Dorado County Charter SELPA/ State Funding Rate Page 1 of 2

ISSUE

There is a lower deficit for 2013-14 state special education funding (February 2015 certification). The 2.79% deficit

has been reduced to 1.83%, leading to an unbudgeted increase in funding. There is a deficit applied to the state

special education funding for 2014-15 in the amount of 2.93%. Our recommended budget rate included a 2.29%

deficit, which is a slight increase of .61%. It is possible this deficit will be reduced in June 2015.

BACKGROUND

The funding news is generally good and consistent with projections overall.

2013-14 FINAL CHARTER STATE FUNDING RATE PART 1 Good News! $7.50 reduction of rate to cover ERMHS shortfall in 2013-14 is only $2.20. $5.30 returned to 2013-14 Charter SELPA Partners (distribution March 2015).

$5.30 in funding is distributed to 2013-14 Charter SELPA members, including any charters who may have had a charter leave or close, and the Charter Partner is still a member in 2014-15. No set-aside adjustment is applied and a flat administrative fee of 4% is applied.

Charters with unspent funds in 2013-14 greater than 25%, would not receive the $5.30.

In 2013-14, to cover the ERMHS (Educationally Related Mental Health Services) funding shortfall, CEO Council (May

2014) approved a one-time rate reduction of $7.50. CEO Council (September 2014) approved any unused portion

($5.30 is the final rate) of the $7.50 be returned to 2013-14 member districts on a per ADA basis, and the final

calculation would be done in February 2015, concurrent with CDE recertification of the 2013-14 deficit.

2013-14 FINAL CHARTER STATE FUNDING RATE PART 2 Good News! Deficit is lower (recertified from June 2014 to February 2015)

$4.85 increase – not totally unexpected, but not budgeted because of unpredictability of deficits.

$4.85 in funding would be distributed to 2013-14 Charter SELPA members, including any

charters who may have had a charter leave or close, and the Charter Partner is still a

member in 2014-15. No set-aside adjustment applied and a flat administrative fee of 4%

would be applied. Charters with unspent funds in 2013-14 greater than 25%, would not

receive funding.

In 2013-14, the State of CA did not budget sufficient dollars to fully fund the increased special education target

rate, resulting in an unexpected deficit at the close of 2013-14. In February 2015, all 2013-14 data is certified and

the deficit is lower, primarily as a result of final taxes reported. The total amount of increased funding is $425K.

However, we would propose that a final decision on distribution of 2013-14 funding of $4.85 be delayed until June

2015. See 2014-15 deficit rate discussion below.

2014-15 CHARTER STATE FUNDING RATE No so great news. Budget advice $500 Rate per ADA (assumed potential deficit of $11.71)

February update $496.72 ($14.99 deficit that will probably decline) Funding 2014-15 $340K decrease in 2014-15, subject to change June 2015 Funding 2013-14 $425K increase from 2013-14, received in 2014-15

MARCH 10, 2015 CEO EXECUTIVE COMMITTEE ATTACHMENT 6 ALLOCATION PLAN REVISION 2013-14, 2014-15, 2015-16 STATE FUNDING RATE

El Dorado County Charter SELPA/ State Funding Rate Page 2 of 2

Good news! Federal budget advice $130 Actual $130.82

In July 2014, our best budget advice was a State rate (prior to administrative fee and set-aside) of $500. CEO

Council (September 2014) approved this rate with the understanding it provided a cushion for a potential deficit of

$11.71 per ADA. Should the deficit be less, the amount would be placed in a “rate-smoothing pool” for future CEO

Council action.

Based on the February CDE certification, the preliminary deficit for 2014-15 results in a rate of $496.72. The deficit

will be revised by CDE in June 2015 and again in February 2016. Statewide P-2 ADA and statewide property tax

collections are the major variable that impacts the estimate of special education funding and a determination if

the state budget appropriation is sufficient.

2015-16 BUDGET UPDATE Good News! COLA $8.08 increase for state funding, but the deficit remains a big uncertainty. Estimated State rate (prior to administrative fee and set aside) $500 per current year P-2 ADA Estimated Federal rate (prior to administrative fee and set aside) $130 per prior year CBEDS

The Governor’s January 2015 budget proposal includes a COLA of 1.58%, which equates to $8.08 per ADA. This will bring the statewide target rate to $519.79 (prior to admin fee and set aside). However, in order to be conservative, we will recommend budgeting $500 until more information about the deficit can be determined.

$130 is our best estimate for federal funding at this time, with final grant amounts not known until January 2016.

The statewide Special Education Task Force report will be issued in 2015, and we are hopeful the final budget for 2015-16 will contain some augmentation of special education funding – stay tuned.

Recommendation for Executive Committee Input (and May CEO Council Action):

Delay distribution of the 2013-14 $4.85 per ADA increase to prior year Charter SELPA members, until June 2015. In

June 2015, if the Charter SELPA funded rate for 2014-15 is $500 or more (after deficit), the 2013-14 $4.85 per ADA

will be distributed. If the Charter SELPA funded rate after deficit for 2014-15 is determined in June 2015 to be less

than $500, all or a portion of the $4.85 will first be used to make the $500 rate “whole”.

Distribution of prior year dollars will be made to charters, including any charters who may have had a charter leave or close, and the Charter Partner is still a member, in the current year. Charters with unspent funds in the prior year (greater than 25%) would not receive prior year adjustments.

2014-15 Charter SELPA

State Funding*

Budget

Estimate

July 2014

Budget

Estimate

February

2015**

Change

2014-15 2014-15

State 511.71$ 511.71$ -$

Potential deficit (11.71)$ (14.99)$ (3.28)$

Rate Smoothing Pool -$

Budget 500.00$ 496.72$ (3.28)$

*Rates shown are prior to administrative fee/set-aside

** Deficit based on February 28, 2015 CDE Estimate

1

Special Education

Local Plan March, 2015

Jeremy M. Meyers, Superintendent of Schools El Dorado County Office of Education

David M. Toston, SELPA Executive Director

Attachment 7

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CHAPTER III

GOVERNANCE AND ADMINISTRATION

Attachment 7

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GOVERNANCE AND ADMINISTRATION PURPOSE The El Dorado County Charter SELPA is composed of local educational agency charters (LEAs) located outside the geographic boundaries of El Dorado County. The El Dorado County Charter SELPA has designated the El Dorado County Office of Education as the Responsible Local Agency (RLA) and the County Superintendent of Schools as the Superintendent of the RLA. As members of the El Dorado County Charter Special Education Local Plan Area (SELPA), (hereinafter referred to as Charter SELPA), each charter (as identified by the CDS (County, District, School) code issued by the State Board of Education) is considered an LEA (Local Education Agency) for purposes of special education. The Charter SELPA further recognizes its’ members as single charter partners or organization partners. Single Charter Partner is defined as an entity with one charter CDS code. An Organization Partner is an entity with multiple charters (CDS codes) as members of the Charter SELPA. An entity is defined as an organization with one governing board or one CEO (Chief Executive Officer) position. The title of CEO may differ by organization, but the intent is that final decision making in the organization is vested in one leadership position. The function of the SELPA and participating agencies is to provide a quality educational program appropriate to the needs of each eligible child with a disability who is served by the Charter SELPA members. All such programs are operated in a cost effective manner consistent with the funding provisions of Education Code Section 56700 et seq, IDEA, all other laws and policies, and the procedures of the El Dorado County Charter Special Education Local Plan Area. CHANGES IN THE GOVERNANCE STRUCTURE Any changes in the governance structure of the El Dorado County Special Education Local Plan Area, including the dividing of the SELPA into more than one operating entity, changing the designation of and/or responsibilities of the Responsible Local Agency, are subject to specific Provisions of Education Code Sections 56140, 56195, et seq., 56195.7 et seq., 56200 et seq., and 56205 et seq. 1. Any local agency which is currently designated as a Local Education Agency

(LEA) participating in the El Dorado County Local Plan for Special Education may elect to pursue an alternative option from those specified in Education Code Section 56195.1 by notifying the appropriate county superintendent at least one year prior to the date the alternative plan would become effective (E.C. 56195.3(b)).

Attachment 7

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2. Any alternative plan of an LEA is subject to the approval of the county superintendent of the county or counties which would have school districts as participating agencies in the alternative plan. (E.C. 56195.1)

3. Approval of a proposed alternative plan by the appropriate county superintendent

may be based on the capacity of the LEA Charter(s) to ensure that special education programs and services are provided to all children with disabilities. (E.C. 56140(b))

4. If an alternative plan is disapproved by a county superintendent, the county office

shall return the plan with comments and recommendations to the LEA charter(s). The charter or charters participating in the alternative plan may appeal the decision to the Superintendent of Public Instruction. (E.C. 56140 (b) (2))

5. Any alternative plan to be submitted by a charter or a group of charters currently

participating in the El Dorado County Charter SELPA must meet the standards established by the State Board of Education and not adversely affect the size and scope status of the current local plan geographic area.

6. Any changes in the designation of the responsible local agency for the El Dorado

County Charter SELPA must conform to the above code provisions and the administrative provisions and the administrative provisions for approval as specified in the Local Plan

Disagreements among the participating agencies of the El Dorado County Charter SELPA are attempted to be resolved through dispute resolution procedures. If not resolved, the matter would be presented to the Chief Executive Officers’ (CEO) Council for discussion and dispute resolution. GOVERNANCE STRUCTURE OF THE PLAN California Education Code Section 56200 (c) (2) requires that the Local Plan, "specify the responsibilities of each participating county office and district governing board in the policy-making process, the responsibilities of the superintendent of each participating district and county in the implementation of the plan, and the responsibilities of district and county administrators of special education in coordinating the administration of the plan." In accordance with this provision, the El Dorado County Charter SELPA has developed the following governance structure, policy development and approval process.

Attachment 7

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RESPONSIBILITIES OF EACH GOVERNING BOARD IN THE POLICY- MAKING PROCESS AND PROCEDURES FOR CARRYING OUT THE RESPONSIBILITY Upon entry into the Charter SELPA, the governing board for each LEA charter shall approve the Agreement for Participation, Representations and Warranties, and the Local Plan for Special Education. The Charter SELPA Local Plan is approved by the CEO Council and the Board of the El Dorado County Office of Education. Amendments to the Local Plan to revise LEA membership (additions/deletions) shall be approved by the Board of the El Dorado County Office of Education. Prior to County Board approval, new LEA members and/or termination of LEA members shall be approved through the process as identified in Charter SELPA policies. All membership changes shall be communicated with the Charter SELPA CEO Council at the next regularly scheduled meeting. The Board of the El Dorado County Office of Education will hold the required public hearings and approve the annual service plan and the annual budget plan. The plans shall be sent to all charter LEA members and communicated with the Charter SELPA CEO Council at the next regularly scheduled meeting. Notice of the public hearings shall be posted in each charter school at least 15 days prior to the hearing, as required by law. As described within the Local Plan and adopted policies of the Charter SELPA, the Boards of Education delegate the ongoing policy-making process, the allocation plan process, and administrative procedures for carrying out that responsibility to the governance structure of the Charter SELPA. RESPONSIBILITIES OF CHIEF EXECUTIVE OFFICERS CHARTER SELPA CHIEF EXECUTIVE OFFICERS’ (CEO) COUNCIL

The Charter SELPA CEO Council membership consists of the CEO or designee of each charter LEA member. Each charter LEA member has one vote. Organization Partners, that operate more than one charter school, may have a single representative for all schools operated, but such representative shall have a number of votes equal to the number of charter LEAs represented. Charter SELPA CEO Council meetings are subject to California Open Meeting laws, specifically the Brown Act (Government Code 54950-54963), which requires that CEO Council members conduct business at properly noticed and agendized public meetings. A majority of the LEAs present at a regularly scheduled and posted CEO Council meeting shall constitute a quorum. The Charter SELPA CEO Council will meet regularly with the El Dorado County Superintendent of Schools and/or designee to direct and supervise the implementation of the Local Plan. The Council has exclusive authority to make and take all reasonable and appropriate steps to implement all decisions which may have a material effect on any and/or all Charter SELPA policies, practices, operations, organization, services,

Attachment 7

http://gamutonline.net/displayPolicy/145061/index.html


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functions, and any other purpose related to the purpose for which the Charter SELPA is established. A minimum of two meetings per year will be held; generally in September and May. The Charter SELPA CEO Council is responsible to approve Charter SELPA policies and administrative regulations. The Charter SELPA CEO Council is responsible to approve the Allocation Plan, which is the framework for distribution of funds within the Charter SELPA. Material changes to the Local Plan, other than for membership changes, shall be approved by the Charter SELPA CEO Council and the Governing Board of the El Dorado County Office of Education.

Charter School Admission Criteria: It is the intent of the El Dorado County Charter SELPA to provide options for charter schools in terms of SELPA membership. While it is always preferable for a charter school to participate with their geographic SELPA, the Charter SELPA has been developed to allow for a viable alternative for SELPA membership. Therefore, there are specific criteria which must be met in order for a charter school to be considered for membership in the El Dorado County Charter SELPA.

Charter SELPA Selection Committee As outlined in Charter SELPA policies, a Charter SELPA Selection Committee has been established to approve the admission of new Charters to the SELPA. The Charter SELPA Selection Committee is comprised of:

The El Dorado County Superintendent of Schools/Designee

One Charter CEO, member of the CEO Executive Committee

One Charter CEO selected by the El Dorado County Superintendent of Schools/Designee

The Charter SELPA Selection Committee will meet, review all documents, and approve or reject members. Because of a high volume of applications to the Charter SELPA, the Selection Committee may include more than one member of the CEO Executive Committee or CEO Council and more than one Charter CEO selected by the EDCOE County Superintendent/Designee in order to efficiently review the number of applications submitted. Meetings may take place through teleconference. For the purposes of this section, “teleconference” means a meeting where the members are in different locations, connected by electronic means, through either audio or video, or both. The Charter SELPA Selection Committee will inform the CEO Council members of their decision. The Charter SELPA AU shall inform the charter school of the decision.

Attachment 7

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Any charter school may apply to the Charter SELPA Selection Committee to become a LEA member of the SELPA. The Charter SELPA will establish an annual timeline for submission of applications. Once granted membership, the charter LEA will participate in the governance of the SELPA in the same manner as all other charter LEA members in the SELPA. The timeline for submission may be amended by the Charter SELPA Superintendent/designee for unique circumstances, including State Board of Education charter approvals. The applicant member, not an expansion of an existing member, will be deemed a member of the SELPA upon approval of the Charter SELPA Selection Committee, and subsequent Local Plan Membership amendment approved by El Dorado County Office of Education Governing Board, and the California Department of Education. The applicant member charter LEA board must also take action to approve membership. The Charter SELPA Selection Committee shall review applications to determine if the applicants meet the requirements of the application process as established by the Charter SELPA. The Charter SELPA Selection Committee will inform the CEO Council members of their decision. Applications for additional schools of a current Charter SELPA member, shall be approved by the Charter SELPA, pursuant to Charter SELPA policies, and are not required to be reviewed by the Charter SELPA Selection Committee. Because they are current members, the Charter SELPA has significant documentation available to assess the new charter LEA capacity. The applicant member, an expansion of an existing member, will be deemed a member of the SELPA after approval of the Charter SELPA, and subsequent Local Plan Membership amendment approved by the El Dorado County Office of Education Governing Board, and the California Department of Education. The applicant member charter LEA board must also take action to approve membership.

Charter SELPA Membership Appeals Committee The Charter SELPA Membership Appeals Committee meets on an “as needed basis” to hear Selection Committee appeals and membership termination appeals. The El Dorado County Superintendent/designee shall serve as an ex officio member of the Charter SELPA Membership Appeals Committee. An invitation to participate in the Membership Appeals Committee shall be issued annually at the first CEO Council meeting of the fiscal year. Charter SELPA Membership Appeals Committee meetings are subject to California Open Meeting laws, specifically, the Brown Act (Government Code 54950-54963) which requires that SELPA Membership Appeals committee members conduct business at properly noticed and agendized public meetings.

Attachment 7



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CHARTER SELPA EXECUTIVE COMMITTEE

Responsibilities of the Charter SELPA Executive Committee The Executive Committee shall serve as an informal advisory body to the Charter SELPA. The Executive Committee shall be comprised of all Charter SELPA CEO Council members who have an interest in participating as a committee member. Committee participation shall be at the discretion of individual members who shall be free to attend, or not attend, meetings as they choose. However, at no time shall an Executive Committee meeting be conducted with a majority of SELPA members. Committee meetings shall occur from time to time on an informal basis as the Committee may determine. The Committee shall have no continuing subject matter jurisdiction. However, it is contemplated that the Committee shall, from time to time, consider and advise the Charter SELPA on administrative matters including, but not limited to, program operations, future strategic planning, procedural matters, and fiscal considerations. An invitation to participate in the Executive Committee shall be issued annually at the first CEO Council meeting for the fiscal year. The El Dorado County Superintendent/designee shall serve as an ex-officio member of the Executive Committee. Summaries of the Executive Committee meetings shall be transmitted to the full membership of the Charter CEO Council.

Special Education Community Advisory Committee (CAC) Each charter school may select a parent representative to participate in the Special Education Community Advisory Committee to serve staggered terms in accordance with E.C. §56191 for a period of at least two years. Selected parents will be the parent of a child with a disability. This group will advise the Charter SELPA AU on the implementation of the El Dorado County Local Plan for Special Education in Charter Schools (“Local Plan”) as well as provide local parent training options in accordance with the duties, responsibilities and requirements of E.C. § 56190-56194. Because of the geographic diversity anticipated within the El Dorado County Charter SELPA, meetings may take place through teleconference. For purposes of this section, “teleconference” means a meeting where the members are in different locations, connected by electronic means, through either audio or video, or both.

Charter SELPA Special Education Steering Committee The Steering Committee serves in an advisory capacity to the Charter SELPA. Each charter LEA is entitled to select one representative for this committee. The Steering Representatives are the charter LEA’s special education directors or special education

Attachment 7

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program leads. They meet regularly for the purpose of advising the Charter SELPA and receiving and disseminating direct program/instructional information.

Charter SELPA Special Education Fiscal Committee The Fiscal Committee meets twice per year. The designated fiscal representative from each charter LEA member is invited to attend. Charter CEOs and Special Education Administrative contacts are invited to attend as well. Meetings take place through teleconference. The meeting serves as a communication tool to inform fiscal contacts of actions taken by CEO Council that may have budgeting and financial reporting considerations. FULL CONTINUUM OF SERVICES Both state and federal law provides that students with exceptional needs are entitled to a free, appropriate public education (FAPE) that includes special education and related services to meet their unique needs in the least restrictive environment (LRE). Each SELPA member must ensure that all children served under their jurisdiction who have disabilities, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, evaluated and served. Therefore, a full continuum of services are available within the Charter SELPA.

Given this fact, the plan provides funding per the Charter SELPA Educational Allocation Plan to the Charter Schools so that they may appropriately provide for all the students with special education needs attending their schools. This obligation can be met in several ways, which may include:

1. Hire appropriately credentialed special education staff.

2. Contract with another LEA.

3. Contract with Nonpublic Schools/Agencies.

These methods of providing necessary services may be used by a single school in the Charter SELPA, or several schools within the Charter SELPA could join together to provide the services.

Attachment 7

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EVALUATION E. C. 56600 was written, in part, to ensure that SELPAs participate with all State efforts to provide for ongoing comprehensive evaluation of special education programs in order to refine and improve programs, policies, regulations, guidelines, and procedures on a continuing basis, and to assess the overall merits of these efforts. The El Dorado County Charter SELPA annually submits all information required by the California Department of Education, Special Education Division, in this effort, including statistical data, program information, and fiscal information related to the programs and services for children with disabilities in the El Dorado County Charter SELPA. The Charter SELPA Administration is responsible for collecting all data required by the California Department of Education related to special education budgets and services, and reports them annually. SELPA staff supports all members of the Charter SELPA in the collection of data related to compliance, due process procedures, availability of services, key performance indicators, etc., as needed. DATA COLLECTION AND DEVELOPMENT OF MANAGEMENT INFORMATION SYSTEMS California Department of Education requires of each SELPA the collection of specified data in such a manner as to be communicative with the CASEMIS – Management Information System of the State. The Charter SELPA has designed and implemented a data collection and storage system that provides for the management and reporting of required data for state and federal systems. The SELPA continues to work with the State’s Department of Management Information System to collect and report all required data related to special education fiscal and program services, and to provide other pertinent information necessary for the operation of the SELPA. The Charter SELPA staff supports all the member LEA charter schools in the Charter SELPA in their collection and reporting of required data. The Charter SELPA staff strives to support a system which is responsive to the data needs of the member LEA charter schools. PROVISION FOR ONGOING REVIEW OF PROGRAMS The State has in place a system for review of the special education programs in the

charter schools. It is the responsibility of the SELPA to support the delivery of effective programs and services in its LEAs, to support a continuum of appropriate service

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11

options, to improve the quality of the programs offered, and to monitor them and participate in review processes, including the Key Performance Indicator, the Procedural Safeguards, complaint processes and mediation and due process procedures. The El Dorado County Charter SELPA endeavors first to provide adequate information, resources and support to all its member LEA charters, so that they may deliver compliant, quality services. Further, the Charter SELPA staff, under the direction of the CEO Council and in conjunction with the CAC and the informal advisement from the CEO Executive Committee, participates in all State review processes and any local review processes to ensure that appropriate and necessary services are offered for all children with disabilities and to support continuous improvement of those services. The SELPA ensures that adequate information related to all areas of compliance is available to all the charter LEA members. The SELPA ensures the availability of a full continuum of options, supplemental aids and services, and regionalized programs, for all children with disabilities, severe low incidence, and non-severe. PROCESS FOR ALLOCATING PROGRAM SPECIALIST SERVICES THROUGHOUT THE REGION The Charter SELPA currently employs program specialist(s). In addition, in accordance with Education Code §56780, all coordination responsibilities for program specialist services as outlined are fully supported through the governance structure of the SELPA. This includes the administrative staff, program specialist services, Charter Special Education Steering Committee, Charter Executive Committee, and Charter CEO Council. Openings for program specialist positions are advertised, and the selection processes conducted are consistent with County Office hiring practices. The interview panel includes representatives from LEAs, as well as SELPA personnel. Duties of program specialists are those specified in Education Code §56368 and the Local Plan: A. Assist Resource Specialist, Designated Instruction and Service instructors, and Special Class Teacher in the planning and implementation of individual education

programs for children whose disability is in the area or expertise of the Program Specialist.

B. Coordinate curricular resources in a manner to make them available and effective for personnel who are in need of the resources.

C. In conjunction with the SELPA Director, assess program effectiveness to promote the program for individuals with exceptional needs.

D. Participate in school staff development, research, program development, and innovation or special methods and approaches.

E. Provide coordination, consultation, and program development in areas to which the program specialist is assigned.

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F. Under the direction of the SELPA Director, assure the pupils have full educational opportunity, regardless of the district of residence in the Special Education Local Plan Area.

G. Participate in I.E.P.s at the request of Local Education Agency or parent. H. Assist Local Education Agencies with non-public, non-sectarian and state school

placements when requested. Safeguards for the assurance of appropriate use of regionalized funds are the responsibility of the SELPA Executive Director and as approved by the governance structure. Program Specialist(s) are employed by the AU and supervised by the SELPA Director.

Attachment 7

EDCOE Board

EDCOE County Superintendent/

Designee

CEO Council

SELPA Executive Director

Membership Appeals

El Dorado County Charter SELPAFlow Chart

Executive Committee

Community Advisory

Committee (CAC)

(Parent Advisory committee on

special education issues - No Binding

Authority; not subject to quorum or other requirements)

(Informal advisory body to the Charter

SELPA)

(Serves as SELPA General Administrator)

(Approves policies, administrative

regulations, allocation plan, and material

changes to Local Plan)

(Hears Selection Committee appeals

and membership termination appeals)

(Hears Selection Committee appeals

and membership termination appeals)

(Communicates and informs fiscal contacts of CEO Council actions)

(Advisory Committee to Director and

Committee on general issues of importance to SELPA operation and services - No Binding

Authority)

(Approves admission of new charters to the

SELPA)

Fiscal Committee

Steering Committee

Selection Committee

13

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14

AGREEMENT FOR PARTICIPATION

EL DORADO COUNTY CHARTER SELPA The El Dorado County Charter Special Education Local Plan Area (SELPA) as authorized by the California State Board of Education assists California charter schools that have successfully completed the SELPA membership process and have signed this Agreement for Participation (Agreement) which are deemed Local Educational Agencies pursuant to Education Code Section 47641, in meeting their obligations to provide special education and related services (each term as defined in 20 U.S.C. Section 1401 and the applicable rules, regulations and interpretive guidance issued thereunder and collectively referred to as Services) to applying or enrolled students actually or potentially entitled to Services under applicable state and federal laws and regulations (Students). SELPA Membership also ensures compliance with the LEA Member’s obligations under Education Code Sections 56195, et. seq. It is the goal of the El Dorado County Charter Special Education Local Plan Area (SELPA) that all charter pupils with exceptional needs within the SELPA receive appropriate special education programs. It is the intent of the Charter SELPA that special education programs be coordinated and operated in accordance with the governance structure. The respective Charter Schools who are signatories hereto, the El Dorado County Office of Education (EDCOE), and the El Dorado County Charter SELPA, mutually agree as follows: DEFINITIONS LEA: as described in Education Code Section 56026.3., shall refer to a specific LEA Member Charter School or Charter School development organization as appropriate. RLA: Responsible Local Agency, as described in Education Code Section 56030. Federal Regulations use the term “Administrative Unit” or “AU”. For purposes of this Agreement, the El Dorado County Office of Education shall be the RLA or AU for the El Dorado County Charter SELPA. Charter SELPA CEO Council: This group is composed of a representative from each Charter School in the Charter SELPA at the Chief Executive Officer level. Organizations that operate more than one Charter School at their option may have a single representative for all schools operated, but such representative shall have a number of votes equal to the number of schools represented. This group would meet regularly with the County Superintendent of Schools to direct and supervise the implementation of the Local Plan. Charter Executive Committee: The Charter Executive Committee is comprised of representatives from the Charter SELPA CEO Council and shall include the El Dorado County Superintendent and staff designees.

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15

Efforts will be made to ensure the committee has broad representation in a variety of areas; e.g. various geographical areas of the Charter SELPA, CMO representation, single charter, large charter, small charter, original founding members, new members. This committee serves as an informal advisory body to the Charter SELPA AU. Charter Special Education Steering Committee: This Steering Committee serves in an advisory capacity to the Charter SELPA Executive Director. Each Charter School is entitled to select one representative for this committee – either a teacher or an administrator. Representatives commit to a full year of service, which would include meeting regularly for the purpose of advising the Charter SELPA Executive Director and receiving and disseminating direct program/instructional information. Special Education Community Advisory Committee – CAC: Each Charter School shall be entitled to select a parent representative to participate in the Special Education Community Advisory Committee to serve staggered terms in accordance with E.C. § 56191 for a period of at least two years. Selected parents will be the parent of a child with a disability. This group will advise the Charter SELPA Executive Director on the implementation of the El Dorado County Charter SELPA Local Plan for Special Education in Charter Schools (“Local Plan”) as well as provide local parent training options in accordance with the duties, responsibilities and requirements of E.C. §§ 56190-56194. Because of the geographic diversity anticipated within the El Dorado County Charter SELPA many meetings will be conducted through the use of teleconferencing or video conferencing. IEP (Individualized Education Program): A plan that describes the child's current abilities, sets annual goals and instructional objectives, and describes the education services needed to meet these goals and objectives in accordance with E.C. § 56032. IEP Team: A group of team members, as defined in Education Code § 56341, who meet for the purpose of determining student eligibility for special education and developing, reviewing, or revising a pupil's IEP and recommendations for placement. LEA MEMBER RESPONSIBILITIES AND DUTIES: Each LEA agrees that it is subject to the following responsibilities and duties under this Agreement, all adopted SELPA policies and procedures, the Local Plan, and governing federal and state laws and regulations (collectively, LEA Member Obligations), compliance with which is a condition precedent to membership, and continuing membership, in the SELPA, and these responsibilities and duties cannot be delegated to another entity. The LEA Member as a participant in the Local Plan shall perform the following and be exclusively responsible for all costs, charges, claims and demands arising out of or related to its own pupils and its respective programs operated by the LEA Member:

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16

A. Adhere to the Local Plan, Policies and procedures as adopted by

the Charter CEO Council. B. Select, compensate and determine the duties of the special

education teachers, instructional aides, and other personnel as required to conduct the program specified in the Local Plan, and in compliance with state and federal mandates, Charter Schools may contract for these services;

C. Conduct and/or contract those programs operated by the LEA Member in conformance with the Local Plan and the state and federal mandates;

D. Organize and administer the activities of the IEP Teams, including the selection of the LEA Member staff and who will serve as members of the IEP Team in conformance with the Education Code Section 56341 and in compliance with the Local Plan;

E. Organize and maintain the activities of the Resource Specialist Program in conformance with Education Code Section 56362; the Designated Instruction and Service in conformance with Education Code Section 56363; and Special Classes and Centers in conformance with Education Code Section 56364.1 and 56364.2; and in compliance with the Local Plan;

F. Provide facilities as required to house the programs conducted by the LEA;

G. Provide for the acquisition and distribution of the supplies and equipment for the programs conducted by the LEA Member;

H. Provide and/or arrange for such transportation services as may be required to provide the special education programs specified that are conducted by the LEA Member;

I. Cooperate in the development of curricula for the classes and the development of program objectives with the AU. Cooperate in the evaluation of the programs as specified in the Local Plan, with the AU;

J. Cooperate in the development of the procedures and methods for communicating with the parents and/or legal guardians of the individuals served in conformance with the provisions of the Local Plan with the AU;

K. Provide for the documentation and reporting of assessment procedures used for the placement of individuals and the security thereof. Provide for the continuous review of placements and the assessment procedures employed to insure their effectiveness and applicability, and insure the continued implementation and compliance with eligibility criteria;

L. Provide for the integration of individuals educated under this agreement into the general education school programs and provide for evaluating the results of such integration according to specifications of the Local Plan;

M. Conduct the review of individual placements requested by the

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17

parents and/or legal guardians of the individual in accordance with the Local Plan;

N. Prepare and submit all required reports, including reports on student enrollment, program expenditures, and program evaluation;

O. Designate a person to represent the LEA Member on the Charter Special Education Steering Committee to monitor the implementation of the Plan and make necessary recommendations for changes and/or modifications;

P. Designate a representative for the LEA Member to serve on the Special Education Community Advisory Committee, in accordance with Education Code Section 56192-56193 and pursuant to the procedures established in the Local Plan;

Q. Designate the LEA Member Superintendent/CEO or School Leader by whatever name designated to represent the LEA Member on the Charter CEO Council to supervise and direct the implementation of the Plan;

R. Receive special education funding from El Dorado County in accordance with the Charter SELPA’s Allocation and Budget Plan.

S. It is understood that except as otherwise may be specifically agreed from time to time the RLA shall have no responsibility for the operation of any direct educational program service of any kind.

T. Each LEA Member shall annually provide RLA with LEA Member’s annual audit report, as conducted according to Education Code Section 47605(b)(5)(l). Annual submission shall be made annually, no later than January 31st. LEA Member further agrees to forward RLA copies of State Controller’s Office communications regarding audit report corrective actions and a corrected audit report, if applicable. Should an LEA Member be the subject of a FCMAT report (or other agency review) that indicates concern with inappropriate use of funds, financial insolvency concerns, or operational concerns, the LEA Member shall notify RLA and provide the RLA with a copy of the report.

U. Charter LEA Member “Member” hereby agrees to indemnify and hold harmless the El Dorado County Office of Education “EDCOE”, the El Dorado Board of Education, the El Dorado County Superintendent of Schools, the El Dorado County Charter SELPA, and attorneys hereby collectively referred to jointly as “SELPA”, and all of their officers, directors, employees, agents, and representatives and attorneys against any and all claims, losses, penalties, fines, forfeitures, judgments, reasonable attorney’s fees, and related litigation costs, fees, and expenses and amounts actually and reasonably incurred in settlement that result from any act or omission by or on behalf of Member by SELPA under this Agreement, unless the act or omission constitutes gross negligence, willful misconduct, or breach of fiduciary duty by any officer, director, partner, agent, or employee of SELPA in connection with SELPA’s performance under this Agreement and the amounts would not have been covered under Members’ insurance that result from any act or

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18

omission constituting gross negligence or willful misconduct by any officer, director, or employee of SELPA in connection with SELPA’s performance under this Agreement.

AU/RLA DUTIES AND RESPONSIBILITIES: Pursuant to the provisions of Education Code Section 56030 et seq., the AU shall receive and distribute regionalized service funds, provide administrative support, and coordinate the implementation of the El Dorado County Local Plan for Special Education in Charter Schools participating in the Charter SELPA. In addition, the AU shall perform such services and functions as required to accomplish the goals set forth in the plan. Such services include, but are not limited to, the following: A. Act as agent for Charters participating in the Plan as specified in the Local

Plan. Receive, compile and submit required enrollment reports and compute all special education apportionments as authorized under Education Code Section 56836 et seq. Receive data from each LEA Member to compile and submit budgets for the programs and monitor the fiscal aspects of the program conducted. Receive the special education apportionments of Regionalized Services as authorized under Education Code Section 56836.02;

B. Coordinate with LEA Member’s in the development and implementation of a systematic method for referring and placing individuals with exceptional needs who reside in the Charter, including the methods and procedures for communication with the parents and/or guardians of the individuals according to procedures in the Local Plan;

C. Coordinate the development and implementation of curriculum and program objectives and provide for continuous evaluation of the special education programs in accordance with the Local Plan;

D. Coordinate the organization and maintenance of the Special Education Community Advisory Committee (CAC) as part of the responsibility of the AU to coordinate the implementation of the plan pursuant to Education Code Section 56030. Provide for the attendance of designated members of the AU's staff at all regularly scheduled Special Education Community Advisory Committee meetings;

E. Coordinate community resources with those provided by LEA Member and the AU, including providing such contractual agreements as may be required;

F. Organize and maintain the Charter Special Education Steering Committee to monitor the operations of the Local Plan and make recommendations for necessary revisions, including, but not limited to:

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19

1. Monitoring the application of eligibility criteria throughout the Local Plan area;

2. Coordinating the implementation of the transportation for special education pupils;

3. Coordinating the system of data collection, management, and evaluation;

4. Coordinating personnel development and curriculum development for special education, including alternative dispute resolution;

5. Coordinating the identification, referral, assessment, instructional planning, and review procedures, including the communication with parents and/or legal guardians regarding rights and responsibilities for special education;

6. Developing interagency referral and placement procedures; and, 7. Evaluating the effectiveness of special education programs.

G. Support the Charter SELPA CEO Council by attendance and participation of the County Superintendent and/or designees and the Charter SELPA Executive Director at meetings;

H. Provide for regular inservice training for AU and LEA Member staff responsible for the operation and conduct of the Local Plan. Regular inservice training may also be provided to CAC representatives;

I. Provide the method and the forms to enable the LEA Member to report to the AU on student enrollment and program expenditures. Establish and maintain a pupil information system;

J. Provide reasonable assistance to the LEA Member upon request from LEA Member administration, or individual cases, including but not limited to:

1. Complaint issues; 2. Hearing issues; and 3. Identification of appropriate programs for specific pupils.

K. Perform other services reasonable and necessary to the administration and coordination of the Plan;

L. Receive special education funding and distribute funds in accordance with the Charter SELPA Allocation and Budget Plan.

M. Schedule a public hearing at the El Dorado County Office of Education for purposes of adopting the Annual Service Plan and Budget Plan.

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20

PROVISIONS OF THE AGREEMENT

A. Consistent with this Agreement each LEA Member shall have full and exclusive authority and responsibility for classifying employment positions within their respective LEA Member.

B. No LEA Member may enter into any agreement, MOU or other undertaking that would bind or limit independent decision making on the same or similar matters by any other LEA Member.

C. The managerial prerogatives of any participating LEA Member shall not be infringed upon by any other participating LEA Member except upon mutual consent of an affected LEA Member(s), or unless as otherwise set forth by this Agreement.

D. Any LEA Member may terminate its Charter SELPA membership at the end of the fiscal year next occurring after having provided twelve months prior written notice as follows:

1. Prior initial written notice of intended termination to the RLA of at least one year, and

2. final written notice of termination to the RLA no more than six months after the LEA Member’s initial notice of intended termination.

The RLA County Superintendent of Schools may terminate any LEA Member’s Charter SELPA membership at the end of the fiscal year next occurring after having provided twelve months prior written notice as follows:

1. Prior initial written notice of intended termination to the LEA Member of at least one year, and

2. Final written notice of termination to the LEA Member no more than six months after the RLA’s initial notice of intended termination.

3. Summary Termination: Notwithstanding anything contained herein to the contrary, the Charter SELPA, in its sole discretion, may initiate and complete the termination process, as provided for herein, in accordance with standards and a reasonable summary timeline as determined by the Charter SELPA.

The summary standards and timeline as determined by the Charter SELPA shall, at a minimum, provide an LEA Member a reasonable opportunity for prior written notice and an opportunity to be heard.

Specifically the timeline and appeal process above does not preclude the Charter SELPA from initiating and completing the termination process in less than 12 months or by June 30th of the year immediately preceding the summary termination, if the member demonstrates:

Attachment 7

21

a) Egregious disregard of state and federal requirements to

provide services to students, and/or

b) Demonstrated systemic and material issues that would cause the Charter SELPA AU to make a finding of “going concern” based on leadership, programmatic and/or fiscal solvency that would cause Charter SELPA AU to believe the Charter SELPA would be harmed by the continued membership of the LEA.

E. Funding received by a charter is subject to the elements of the

allocation plan. The Allocation Plan is updated on an annual basis and approved by CEO Council. Funding is subject to administrative fees, set-aside provisions, differentiated funding in year 1 and year 2, and potential recapture provisions if funds are not spent. All of these details are outlined in the allocation plan document. Participants agree by signing this document to agree to the provisions of the allocation plan.

F. In accordance with their needs, the LEA Members and the AU in El Dorado County shall continue to manage and operate programs in their respective LEAs in accordance with Education Code Section 56172.

G. The Charter CEO Council shall have the responsibility and right to monitor and correct any special education matter which affects the Special Education Local Plan Area. The AU staff shall be responsible for coordinating and informing the governance structure on any such matter.

H. The LEA Members and the AU will maintain responsibility for program administration for the service they provide. All administrative requirements that govern that unit will be in effect regarding special education services. The Superintendent and/or Administrators of Special Education in each LEA Member and in the AU will be responsible for the daily operation of their respective programs.

I. The student program placement is and shall remain the responsibility of the respective LEA Member. Student admission and transfer shall be determined in accordance with the respective charter, SELPA and El Dorado County Board policies and the respective charter, SELPA and El Dorado County procedures established in accordance with the identification, assessment, instructional planning and placement set forth in the Local Plan. Nothing contained herein shall be interpreted as providing automatic transfer rights to parents or students. The charter enrolling any pupil shall have the exclusive right to approve placement in any other agency. Each LEA of service shall have the right to determine if such LEA is able to provide a free, appropriate public education for the pupil.

J. Supervision and other incidents of employment of special education

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22

staff will be the responsibility of the respective LEA Member or AU. Each LEA Member and the RLA shall have full exclusive and independent control over the development, change, implementation and application of all evaluation procedures their respective LEA Member or in the RLA as the case may be. All LEA Members shall have full and exclusive authority to recruit, interview, and hire special education staff as needed by such LEA Member to provide continuity and service to their special education students.

K. The Charter SELPA CEO Council shall approve Charter SELPA policies, administrative regulations, the Allocation Plan and material changes to the Local Plan. The El Dorado County Board of Education shall meet the legal requirement of conducting a public hearing and adopting the annual service plan and budget plan. These documents shall be provided to the CEO Council as an information item at their next regularly scheduled meeting.

WARRANTIES AND REPRESENTATIONS: As a condition of membership, each LEA Member warrants and represents that at no time during such LEA Member’s membership in the El Dorado County Charter SELPA shall any such LEA Member, directly or indirectly, provide special education funding for the benefit of a for-profit entity. All Funding provided through the El Dorado County Charter SELPA shall be treated as a restricted funding source to be expended only for special education or special education services. Nothing contained herein shall be interpreted as prohibiting any LEA Member from expending funds for certified agency or certified non-public school purposes for the benefit of children served, in accordance with the approved Master Contract as noted in Education Code. STANDARD OF CONDUCT Each LEA Member, at all times, shall conduct itself in such a manner as to act in the best interests of all other Charter SELPA members. LEA Members shall not engage in any activity or enterprise which would tend to injure or expose the Charter SELPA or any of its members to any significant risk of injury or any kind. No LEA Member shall undertake to independently act on behalf of the Charter SELPA or any of its members without express written authorization of the Charter SELPA. RESERVATION OF RIGHTS The RLA shall not be responsible for any LEA Member or Charter SELPA obligations or duties of any kind or nature except as explicitly set forth in this agreement. INDEMNIFICATION AND HOLD HARMLESS To the fullest extent allowed by law, each LEA Member agrees to defend, indemnify, and hold harmless the SELPA and its individual other Members, El Dorado County Office of Education, and the Superintendent, and each of their respective directors,

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23

officers, agents, employees, and volunteers (the Indemnified Parties), from any claim or demand, damages, losses or expenses (including, without limitation, reasonable attorney fees) that arises in any manner from an actual or alleged failure by a LEA Member to fulfill one or more of the LEA Member’s Obligations except to the extent that such suit arises from the RLA’s negligence. Further, the El Dorado County Charter SELPA shall be responsible for holding harmless and indemnifying the RLA for any costs of any kind or nature arising out of or related to this agreement other than as specifically contemplated herein, except to the extent that such cost arises from the RLA’s negligence. FULL DISCLOSURE Except as otherwise prohibited by law, upon request by the Charter SELPA or any of its members, a Charter SELPA member shall provide any requested information, documents, writings or information of any sort requested without delay.

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Representations and Warranties

1. Representations and Warranties:

As an inducement to, and in consideration for entering into this Agreement, the RLA specifically relies on the following express warranties and representations by LEA which LEA representative(s) who, by their signatures affixed below, declare that the following statements are true and correct: For purposes of these representations and warranties, LEA may refer to an organization that manages and develops charter schools, but such representations and warranties shall only extend to the specific charter schools that are to be members of the El Dorado County Charter SELPA. 1. Except as set forth on attached Exhibit “A”, as of the date signed below:

a. LEA has no outstanding debts or accounts payable in excess of twenty five thousand dollars ($25,000), accrued nor due and owing.

b. No LEA officer, employee, agent or representative of any sort has loaned

or allowed LEA to use, on any basis, real or personal property (including money) belonging to any such officer, employee, agent or representative which would constitute a conflict of interest as shall be determined by the Charter SELPA Executive Director.

c. To the knowledge of LEA, neither LEA nor any of its officers, employees, agents or representatives have any lawsuit or legal action of any kind, including bankruptcy, pending or threatened against them.

d. No LEA officer, employee, agent or representative has, or has had, any financial relationship or dealings of any sort with any relative of any such officer, employee, agent or representative arising out of, or related to, LEA or its functions and activities.

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EXHIBIT “A” (Representations and Warranties):

1. List outstanding debts and accounts payable, accrued or due and owing, in an amount equal to twenty five thousand dollars ($25,000) or more which shall have remained due and owing for a period of 180 days or more.

2. List Officer, Employee, Agent or Representative Loan To or Allowed Use of Real or Personal Property (Including Money) By LEA:

3. Material Pending or Threatened Litigation, Claims and Assessments:

LEA Member hereby represents and warrants that it has no material pending or threatened litigation, claims and assessments (excluding unasserted claims and assessments) against the LEA or any of its officers, agents, employees, or representatives. The term “material” used herein means items involving amounts exceeding $10,000 individually or in the aggregate.

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CHAPTER IV

POLICIES / PROCEDURES

The El Dorado County Charter SELPA has adopted Policies and Administrative

Regulations as outlined on the list on page 27. The Policies set forth in full within

this document are included to fulfill Local Plan document requirements.

Changes to Policies may be approved at any CEO Council meeting, as long as Brown

Act notice requirements have been met.

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27

El Dorado County Charter SELPA Policies and Administrative Regulations

1. Comprehensive Plan for Special Education (5-22-14) CEOP AR 2.

Identification and Evaluation of Individuals for Special Education (3-31-08) CEOP

AR

3.

Individualized Education Program (3-31-08)

CEOP

AR

4. Procedural Safeguards and Complaints for Special Education (3-31-08) CEOP AR 5.

Confidentiality of Student Records (5-28-08)

CEOP

AR

6.

Part C – Transition (5-28-08)

CEOP

7.

Students with Disabilities Enrolled by their Parents in Private Schools (5-28-08)

kkk0808)

CEOP

8. Compliance Assurances (5-22-14) CEOP 9.

Governance (5-22-14)

CEOP

AR

10.

Personnel Qualifications (5-28-08)

CEOP

AR

11. Performance Goals and Indicators (5-28-08) CEOP 12.

Participation in Assessments (5-28-08)

CEOP

AR

13.

Supplementation of State and Federal Funds (5-28-08)

CEOP

14.

Maintenance of Effort (5-28-08)

CEOP

AR

15. Public Participation (5-22-14) CEOP 16.

Suspension/Expulsion (5-28-08)

CEOP

AR

17.

Access to Instructional Materials (5-28-08)

CEOP

18. Overidentification and Disproportionality (5-28-08) CEOP 19.

Prohibition of Mandatory Medicine (5-28-08)

CEOP

20.

Data (5-28-08)

CEOP

21.

Literacy (5-28-08)

CEOP

22. Admission of LEAs to the Charter SELPA (5-22-14) CEOP AR 23.

Behavioral Interventions for Special Education Students (5-28-08)

CEOP

AR

24.

Nonpublic, Nonsectarian School and Agency Services for Spec. Ed. (5-28-08)

CEOP

AR

25. Conflict of Interest (9-16-10) CEOP

26.

26. Termination of Membership (5-22-14) CEOP

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28

DISPUTE RESOLUTION PROCESS POLICY Dispute Resolution Process Policy:

A. Rationale In order to ensure the continual delivery of quality services to children with disabilities, a process for dispute resolution over the responsibility for service provision, governance activities, program transfer, or the distribution of funding must be in place.

B. Policy Statement

If a dispute arises over the responsibility for service provision, governance activities, program transfer, or the distribution of funding or if a charter LEA, group of charter LEAs, or the county office believes that an action taken by the CHARTER SELPA CEO Council will create an undue hardship on the member(s) or county office, or that the action taken exceeds the authority granted the Charter SELPA CEO Council within the Local Plan and/or state or federal statute, the aggrieved charter(s) or county office may request a review of the action at each level of the committee structure. The following committees may review and provide recommendations to the Charter CEO Council:

1. Charter SELPA Steering Committee (limited to issues relating to service provisions)

2. Charter SELPA Executive Committee

The Alternative Dispute Resolution process and techniques are available in the SELPA, and the Solutions Panel model could and would be applied upon request of any parties. Upon exhaustion of the review procedure as provided for herein, any LEA Member may appeal to an Ad Hoc Committee made up of:

1. County Superintendent’s Designee 2. Charter SELPA CEO 3. CEO of a Charter School selected by the County Superintendent’s

designee and the Charter SELPA CEO. The CEO of a charter school does not have to be a member of the El Dorado County Charter SELPA.

The Ad Hoc Committee for resolving the conflict shall decide the matter at their discretion by majority vote of Ad Hoc Committee members present and whose decision is final. No written record, findings of fact, nor conclusions of law shall be required of the Ad Hoc Committee. The decision of the Ad Hoc Committee shall be communicated with the parties involved and the CEO Council at the next regularly scheduled meeting.

Attachment 7

MARCH 10, 2015 CEO EXECUTIVE COMMITTEE ATTACHMENT 8 FINANCIAL UPDATE

El Dorado County Charter SELPA/ Financial Update Page 1 of 2

2014-15 ERMHS (EDUCATIONALLY RELATED MENTAL HEALTH SERVICES) FUNDING

Good News! No shortfall anticipated in Level 1, Level 2, or Level 3

A communication was sent to all Charter SELPA members in January, with the good news that no shortfall in Level

1, Level 2, or Level 3 is anticipated in 2014-15.

CEO Council (May 2014), approved Allocation Plan language for 2014-15 that significantly modified the ERMHS

funding model. In November 2014, all plans were submitted and a preliminary 10% shortfall in Level 2 funding was

communicated to the field with a caveat that the numbers could change favorably in January 2015 upon review of

all plans and a better estimate of Charter SELPA current year ADA. Level 3 costs for NPS ERMHS and residential

placements are increasing but the funding model provides reserves that should be sufficient.

2014-15 P-1 ADA, BUDGET AND CASH FLOW UPDATE

The reported 2014-15 P-1 ADA for the Charter SELPA was 103,485. Original budget estimated was 100,000.

Year

# of

Charters P-2 ADA

State/Federal

Funding

2014-15 est 225 103,485.30 60,090,458

2013-14 192 88,239.85 50,224,509

2012-13 171 71,251.72 38,394,222

2011-12 138 53,127.33 28,500,320

2010-11 106 38,595.45 18,618,621

2009-10 47 13,927.50 7,024,712

2008-09 23 7,780.30 3,800,430

2007-08 17 4,157.64 2,050,195

2006-07 10 2,357.32 827,316

The individual charter cash flow amounts have been updated based on 2014-15 P-1 ADA. Payments have been

distributed through February and the updated schedule is posted to the Charter SELPA website.

2014-15 CASH ADVANCE

Charters new to the Charter SELPA in 2014-15 don’t have cash disbursement until February since apportionments

from the state are based on prior year Charter SELPA participation from July to January. The CEO Council approved

a fourth year of the Cash Advance program for 2014-15. This provides 25% cash advance from the set aside pool

at a minimal interest rate. We had four partners participate in the Cash Advance program for a total advance of

$282,000.

RISK POOL UPDATE

CEO council approved in September 2014 a second year of risk pool funds available for legal reimbursements

related to due process filings. We have $200,000 available for the next two years. As of January 31, 2015 there has

been one request in the amount of $10,000. Our records show that three due process filings have occurred YTD, so

we anticipate additional claims.

MARCH 10, 2015 CEO EXECUTIVE COMMITTEE ATTACHMENT 8 FINANCIAL UPDATE

El Dorado County Charter SELPA/ Financial Update Page 2 of 2

LOW INCIDENCE MATERIALS AND SERVICES UPDATE

Additional funding may be available for students that have been identified as low incidence students (hearing impairments, vision impairments, and severe orthopedic impairments, or any combination thereof). CEO Council approved (September 2014), Allocation Plan language to access funds. We are happy to announce that the funding from CDE has been corrected for 2014-15 and we have $70,000 available for current year reimbursement claims. We have received $11,000 in requests to date.

AUTOMATIC CHECK DEPOSIT (AUTOMATED CLEARING HOUSE ACH)

In order to provide cash payments to our members in a more timely fashion, the Charter SELPA committed to

pursue an automatic check deposit system. The process has been longer than expected due to the need to

coordinate with the El Dorado County Treasury and to have financial system software written to accommodate our

needs.

We are finally underway with 15 Charter Partners currently in the testing phase. We anticipate full implementation

in 2015-16. Participation is optional.

2015-16 ADMINISTRATIVE FEE

The Allocation Plan provides for determination of each Charter Partner administrative fee by March of each year.

Charter Partners in year 3 of participation in the Charter SELPA, and meeting designated criteria, may be eligible

for an administrative fee of 4% if they meet the identified criteria in the Allocation Plan. Charter Partners in year 5

of participation in the Charter SELPA, not eligible previously under the 3 year criteria, may be eligible for 4%

administrative fee if they are a member in good standing. A master list of Charter Partners administrative fee is

provided to fiscal contacts and posted to the website.

FEDERAL MAINTENANCE OF EFFORT (MOE) REQUIREMENT AND BUDGET TRAINING

Each member of the Charter SELPA that receives federal funds has to meet MOE, a requirement to spend the same

level of state and local dollars each year for special education (with some exceptions). We encourage early testing

in March so there are no surprises at year-end close.

Pre-test templates have been sent to fiscal contacts and posted to our website. Due date for submission to the

Charter SELPA business office is March 21, 2015.

We encourage program and business to attend budget workshops which are conveniently provided in four

locations throughout the state. The workshops will focus on special education budgeting for income and

expenditures, required federal maintenance of effort reporting, and the Charter SELPA Allocation Plan elements

which includes the new Educationally Related Mental Health Services formula.

Sacramento Region Monday March 2, 2015 The Westin Sacramento

4800 Riverside Blvd, Sacramento, CA

San Diego Region Tuesday March 3, 2015 Double Tree San Diego Downtown

1646 Front Street, San Diego, CA

Bay Area Region Monday March 9, 2015 Oakland Marriott City Center

1001 Broadway, Oakland, CA

Pasadena Region Friday March 13, 2015 The Westin Pasadena

191 N. Los Robles Ave, Pasadena, CA

el dorado county charter selpa tuesday, march 10, 2015 · 2015-03-05 · increase of .61%. it is...

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