§302B-15  Responsibilities of department of
education; special education services.  (a)  The department shall
collaborate with the office to develop a system of technical assistance related
to compliance with federal and state laws and access to federal and state
funds.  The department and the office shall collaborate to develop a list of
central services that the department may offer for purchase by a charter school
at an annual cost to be negotiated between an individual charter school and the
department.  The department shall enter into a contract with a charter school
to provide these services, which shall be renegotiated on an annual basis.



(b)  The department shall be responsible for
the provision of a free appropriate public education.  Any charter school that
enrolls special education students or identifies one of its students as
eligible for special education shall be responsible for providing the
educational and related services required by a student's individualized
education program.  The programs and services for the student shall be
determined collaboratively by the student's individualized education program
team and the student's parents or legal guardians.



If the charter school is unable to provide all
of the required services, then services to the student shall be provided by the
department according to services determined by the student's individualized
educational program team.  The department shall collaborate with the office to
develop guidelines related to the provision of special education services and
resources to each charter school.  The department shall review all of the
current individualized education programs of special education students
enrolled in a charter school and may offer staff, funding, or both, to the
charter school based upon a per-pupil weighted formula implemented by the
department and used to allocate resources for special education students in the
public schools. [L 2006, c 298, pt of §2]