Building a Special Education Infrastructure Through a Joint Power Authority

Agenda

Overview of Statewide Special Education Structures

Overview of Special Education Options for Charter Schools

What is a Joint Powers Authority?

Purpose and Goals of the Bay Area JPA?

Options for Joining the Bay Area JPA

Statewide Special Education Structures

Schools

Interacts with students and families

Supports service delivery for students at site

May be required to contribute financially to district costs

*Local Education Agency (LEA)*

Has authority to make service delivery and spending decisions

Carries legal responsibility for special education under IDEA

Receives special education funds from the SELPA

Special Education Local Plan Area (SELPA)

Made of multiple LEAs (or one large LEA) that collectively develop a plan for special education

Receives special education funds from CDE and allocates funds to participating LEAs

Statewide Special Education Structures

School District

CharterSchool

SELPA

Multi-DistrictSELPA

Single District SELPATradition

alSchool

Statewide Special Education Structures

School District

CharterSchool

SELPA

Charter SELPA

Multi-District SELPA

School of the District

Ed. Code §47641(b) Local Educational Agency

for Special EducationEd. Code §47641(a)

TWO OPTIONS EXIST for special education service delivery and responsibility:

Currently, most charter schools are SCHOOLS OF THE DISTRICT for special education purposes.

Where Do Charters Fit In?

Understanding the Options

LEA for Special Education

School of The District

School District

CharterSchool

SELPA

What does it mean to be a “School of the District”

• If charter school does not obtain LEA status by participating in a SELPA, it will be deemed to a “school of the district”

Default Status

• The authorizer has a financial and legal responsibility to ensure all children with disabilities enrolled in the charter school receive FAPE

• The authorizer has full control over special education service delivery at the charter school site

• The authorizer receives and retains all special education funds, and collects an additional “fair share” contribution fee from the charter school ($400-$1400+ per pupil)

The Authorizer is the LEA

What Does it Mean to be an LEA for Special Education?

• Because state and federal law place responsibility for special education on the LEA, the charter school now carries full responsibility

• A school must have the administrative and programmatic capacity to administer quality, compliant special education services to any eligible student who enrolls in the charter school

Full Responsibility for Special Education

• The school receives its share of special education funding• The school makes decisions about which, how, and by whom services are provided• The school participates in SELPA governance

Autonomy and Flexibility over Special Education

• To achieve LEA status, a school must apply and be accepted as a member of a SELPA• Most SELPAs have policies/requirements for accepting charter schools as LEA members

SELPA Membership

What is a Joint Powers Authority (JPA)?

• A Joint Powers Authority (JPA) is an entity formed by two or more public authorities (including charter schools) for the purpose of operating collectively as one entity.

• JPA’s are appropriate:− When an activity naturally transcends the boundaries

of an existing public authority; or,− When by combining their efforts, public authorities can

achieve economies of scale or market power

• In California, charter schools are able to form JPAs for the purposes of risk-pooling.

What is a Joint Powers Authority (JPA) for Special Education?

• The JPA model has allowed charter schools to work together to pool and share resources to minimize special education costs and risks

• For example, under a JPA charters can:– Share existing charter school personnel – Hire shared JPA staff or consultants– Collectively negotiate and contract with vendors and

service providers– Pool funds to assist members with excess costs

Who benefits from a JPA?

Acting as one entity, ALL members of a JPA

benefit from shared expertise and resources

Individual Charter schools new to LEA

status

Charters seeking LEA status

New Charter Schools

CMOs acting as LEAs

ANY CHARTER SCHOOL, regardless of size, status, or level of experience can benefit from a JPA.

What is the difference between a JPA and a SELPASELPA JPA

Legal Foundation

Required by California’s Master Plan for Special Education, as codified in the Education Code (§ 56205)

Allowed under the California Government Code (§ 6500)

Function All local educational agencies must, on their own or in collaboration with other local educational agencies, develop a local plan for educating students with disabilities served by the agencies. The region covered by this plan is known as the special education local plan area – or SELPA.

A JPA is an structure that allows public agencies to share powers, resources and risk. While created for many purposes, charter schools have utilize the JPA structure to share special education services.

Formation Requirement

s

•The SELPA must meet certain size and scope requirements•The SELPA must designate a public agency as the Administrative Unit responsible for receiving and allocating public special education funding, and submitting special education data to the state.•A local plan must be developed and submitted to the SBE for approval. Upon SBE approval, the local plan becomes a SELPA.

•Agencies wishing to form a JPA must execute a Joint Powers Agreement that identifies the participating agencies and the purpose of the JPA•The JPA must file notice of the joint powers agreement with the state

Participants •Local educational agencies, which include school districts, county offices of education, and charter schools operating as local educational agencies for special education purposes.

•Public authorities, including school districts, municipalities, police and fire departments, water and sewer districts. •Charter schools may be considered public authorities and permitted to form JPAs for the purpose of risk pooling

Where do JPAs Fit in the Statewide Special Education Structure?

School(may be a traditional public school or a charter school operating as a

school of the district)

*Local Educational Agency (LEA)(may be a school district or a charter school that has been deemed an

LEA for special education purposes)

Special Education Local Plan Area (SELPA)

Special Education JPA

School

School

School

School

School

Another way of looking at it…

JPA

CharterSchool

SELPA

Charter- SELPA Relationship

The SELPA provides:•Access to funding•High level support

• Mandatory data gathering/reporting

Charter- JPA Relationship

The JPA provides:• A mechanism for sharing

resources and services•Local expertise and support•Risk pooling

• Assistance with SELPA applications and relations (point of contact)

Purpose of the Bay Area JPA

Improve learning outcomes for all students, with a particular focus on students with unique needs

Enable member schools to provide a full continuum of high-quality educational and related services to students with disabilities; students at risk of needing special education services; and youth in foster or kinship care.

Provide cost-effective mechanisms for sharing, spreading, financing and reducing the risks of providing special educational services to students

Evaluate and disseminate means to improve the delivery and availability of special education services for charter school students served by its members. This may include the collection and analysis of data, and the dissemination of information to reflect on practices and make data-driven decisions

Objectives of the Bay Area JPA

Special Education Services

•DIS Services•Resource

Teachers/Ed. Specialists

•School Psychologists

•Specialized Programs (SDC, DHH, transition)

•Transportation

Coordination• Program Specialist• SST/IEP meeting support• Service coordination• Vendor negotiation and contract

procurement• Ensuring accountability• Data collection, evaluation,

dissemination

Risk Pool• High Costs services (i.e. NPS/NPA,

Low Incidence, Mental Health, Residential placements)

• Due Process and litigation costs

Professional Developmen

t•Mandatory

training (SST, IEP, 504 processes)

•Sharing best-practices

•Networking•On-call expertise

providing technical assistance

Bay Area JPA

Process for Forming the Bay Area JPA

Planning• Define group goals

• Identify purposes and functions for the JPA

Agreeing• Commit to forming

a JPA

• Founding Members to execute Joint Powers Agreement by January 31

• Fist Board meeting on February 14, 2012

Implementing• Founding Members

to evaluate specific needs and determine fee structures

• Open Enrollment May 15 to June 15

• Identify and hire a JPA Coordinator July 1, 2012

• Begin service sharing July 1, 2012

Interested in Joining the Bay Area JPA?

• Founding Members: If you are highly interested in joining and would like to participate in the initial decision making as a Founding Member, sign the JPA Agreement by January 31, 2012 and attend the first Board Meeting on February 14, 2012.

• First Year JPA Members: If you are interested in joining for the 2012-2013 school year, but do not wish to participate as a Founding Member, you may join between May 15-June 15, 2012.

• Annual Open Enrollment: If you are still evaluating the benefits of the JPA, but are interested in joining in the future, you may join during a future open enrollment period (application procedures may apply)