office of special education fall forum november 4, 2013
TRANSCRIPT
Office of Special Education Office of Special Education
Fall ForumFall Forum
November 4, 2013 November 4, 2013
Nancy Rotarius
State Policy Coordinator
Joni JayFinancial Analyst
Introductions
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Explain the PSA structure
Understanding Compliance Requirements
Today’s Agenda
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What is a Public School
Academy?A public school academy is a public school under section 2 of article VIII of the 1963, is a school district for the purposes of section 11 of state constitution of article IX of the state constitution of 1963 and for the purposes of section 1225 and section 1351a, and is subject to the leadership and general supervision of the state board over all public education under section 3 of article VIII of the state constitution of 1963. A public school academy is a body corporate and is a governmental agency. The powers granted to a public school academy under this part constitute the performance of essential public purposes and governmental functions of this state.
MCL 380.5014
In the state of Michigan, charter schools are referred to as public school academies (PSAs). A PSA is considered a public school district under Michigan law and has the same responsibilities regarding special education as the local educational agencies (LEAs) in the state.
Where does a PSA fit in?
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Federal and state education laws.
Nonprofit board of directors.
Free of charge and open to all students.
Important Elements of a Public School Academy
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Issue a charter contract.
Monitor legal and contract compliance.
Terminate, suspend, or renew contracts.
What is the Role of the Authorizer?
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Non-Discriminatory Enrollment
Random Selection Process
Placement Decisions
Enrollment of Students with Disabilities
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Certification Requirements
Contractual Services
Staffing a PSA
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Contents of the Plan
Development of the Plan
Signatures on the Plan
Approval of the Plan
The ISD Plan and a PSA
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Formal Monitoring Process
State Complaints
Due Process
Accountability of a PSA
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PROGRAM FINANCE
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Distributing Federal Funds for Special
Education ISDs distribution of Federal Funds for
Special Education to LEAs and PSAs Requirements for ISDs and Equitable
Treatment Requirement to allocate Federal Funds to
New and Significantly Expanding PSAs Timelines New and Significantly
Expanding PSAs must notify SEA prior to opening
Agenda
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All Federal IDEA Part B Flow through funds are distributed by Federal Statutory Formula to the LEA for distribution to provide programs and services within their ISD
Federal Funds, Part B of IDEA
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ISDs are required to provide funds under
Part B of the Act to those PSAs on the same basis and at the same time as the LEAs within their jurisdiction
ISDs that provide services to their LEAs must also provide those same services to their PSAs
ISD Equitable Treatment
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34 CFR PART 76, SUBPART H
NONREGULATORY GUIDANCE
HOW DOES A STATE OR LOCAL EDUCATIONAL AGENCY ALLOCATE FUNDS TO CHARTER SCHOOLS THAT ARE OPENING FOR THE FIRST TIME OR SIGNIFICANTLY EXPANDING THEIR ENROLLMENT?
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EDGAR §76.788(a) PSAs or its authorizer must
notify the SEA, in writing, at least 120 days in advance of the date the PSA is scheduled to open or significantly expand its enrollment.
PSAs must receive an Educational Entity Master (EEM) number to be included in the ISD’s allocation for $ in MEGS+
How do new or significantly expanding PSAs receive $ from
their ISD?
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If no notice is sent to the SEA in the appropriate timeline, there is no obligation to get allocation to the PSA
What happens if a PSA opens but does not send notice to the SEA?
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Contact the ISD to find out their
distribution method
Initially the PSA may base their count as an estimated number of students with IEPs so the ISD can estimate the needed allocation
How do New or significantly expanding PSAs receive $ for Special Education?
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Has a two pronged approach PSAs must show that there has been a
substantial increase in the free meal count from the previous October to the current October AND that they have increased the grade span served by the addition of grade level(s) or a new building or campus. For our purposes, a substantial increase has been determined to be 50 or more students eligible for free lunch.
What is significantly expanding?
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Section 76.789(b) provides States with the flexibility to allocate funds to new or expanding charter schools based on reasonable estimates of projected enrollment at the charter school. Actual enrollment or eligibility data show that the State has allocated more or fewer funds to the charter school than the amount for which the charter school was eligible, then the State must make appropriate adjustments to the allocation previously made to the charter school.
Under what circumstances is a State required to adjust an allocation previously made to a new or expanding charter school
under the final regulation?
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PSAs that open for the first time or significantly expand on or before November 1 of any year must receive the proportionate amount of Federal formula funds for which it is eligible within five months of the date the charter schools opens or significantly expands
ESEA section 5206; 34 C.F.R. part 76, subpart
H;
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For PSAs that open for the first time or significantly expand after November 1st, but before February 1st; they must receive at least a pro rata portion of the funds for which it is eligible.
ESEA section 5206; 34 C.F.R. part 76, subpart
H;
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For PSAs that open or significantly expand on or after February 1st the ISD may allocate $, but is not required to provide the PSA with a pro rata portion of funds for which the charter school is eligible on or before the date $ is allocated
ESEA section 5206; 34 C.F.R. part 76, subpart
H;
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ISD Officials need to be kept up to date in the EEM so that these notices to the ISDs about new or significantly expanding PSAs can be communicated and proper allocations can be made
Center for Educational Performance and Information
(CEPI)
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Required to file a 4096 for their State Funds
Required to complete an IFER for their Federal Funds
If a PSA closes during the year
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Q & As
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