Delaware Administrative Code
Title 14 - Education
900 - Special Populations
924 - Children with Disabilities Subpart C Local Educational Agency Eligibility
Section 924-9.0 - Treatment of Charter Schools and their Students

Universal Citation: 14 DE Admin Code 924-9.0

Current through Register Vol. 28, No. 3, September 1, 2024

9.1 Rights of children with disabilities: Children with disabilities who attend public charter schools and their parents retain all rights under these regulations.

9.2 Charter schools that are public schools of the LEA:

9.2.1 In carrying out Part B of the Act and these regulations with respect to charter schools that are public schools of the LEA, the LEA shall:
9.2.1.1 serve children with disabilities attending those charter schools in the same manner as the LEA serves children with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the LEA has a policy or practice of providing such services on the site to its other public schools; and

9.2.1.2 Provide funds under Part B of the Act to those charter schools:
9.2.1.2.1 On the same basis as the LEA provides funds to the LEA's other public schools, including proportional distribution based on relative enrollment of children with disabilities; and

9.2.1.2.2 At the same time as the LEA distributes other Federal funds to the LEA's other public schools, consistent with Delaware's charter school law (14 Del.C. Ch.5).

9.2.2 If the public charter school is a school of an LEA that receives funding under 14 DE Admin. Code 928, Section 5.0 and includes other public schools:
9.2.2.1 The LEA is responsible for ensuring that the requirements of these regulations are met; and

9.2.2.2 The LEA shall meet the requirements in subsection 9.2.1.

9.3 Public charter schools that are LEA's: If the public charter school is an LEA, consistent with the definition of LEA under 14 DE Admin. Code 922, Section 3.0, that receives funding under 14 DE Admin. Code 928, Section 5.0 that charter school is responsible for ensuring that the requirements of these regulations are met.

9.4 No later than September 1 of each school year each charter school shall identify at least one professional staff member who holds a current certification in any area of special education in Delaware. Training shall be completed by September 30 of the current school year. The designee shall complete annual training approved by DOE regarding the legal responsibilities of charter schools with respect to preparation of Individual Education Programs for students with disabilities and resources available to charter schools to assist in preparation of such programs.

9.4.1 Each charter school shall notify DOE of any changes in staff appointed as designees within 7 business days of the staff change.

9.4.2 The initial and refresher training shall be the annual training in special education regulations, policies, procedures, and procedural safeguards as outlined in IDEA and Delaware Administrative Code as it relates to special education. DOE shall annually publish dates for this training.

9.5 Reserved

(Authority: 20 U.S.C. 1413(a)(5); 14 Del.C. §§ 505 and 3110)

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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