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
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
*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
Schools
Interacts with students and
families
Supports service delivery for
students at site
May be required to contribute
financially to district costs
Statewide Special Education Structures
SELPA
School District
Charter
School
Traditional
School
Multi-District
SELPA
Single District
SELPA
Statewide Special Education Structures
SELPA
School District
Charter
School
Multi-District
SELPA
Charter
SELPA
Where Do Charters Fit In?
TWO OPTIONS EXIST for special education service delivery and responsibility:
School of the
District
Ed. Code §47641(b)
Local Educational Agency
for Special Education
Ed. Code §47641(a)
Currently, most charter schools are SCHOOLS OF THE DISTRICT for special education purposes.
Understanding the Options
SELPA
School District
Charter
School
School of
The District
LEA for Special
Education
What does it mean to be a
“School of the District”
Default Status
• If charter school does not obtain LEA status by participating in a
SELPA, it will be deemed to a “school of the district”
The Authorizer is the LEA
• 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)
What Does it Mean to
be an LEA for Special Education?
Full Responsibility 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
Autonomy and Flexibility over 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
SELPA Membership
• 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
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?
Individual
Charter
schools new
to LEA status
CMOs acting
as LEAs
ANY CHARTER SCHOOL,
regardless of size, status, or
level of experience can
benefit from a JPA.
Acting as one
entity, ALL
members of a
JPA benefit from
shared expertise
and resources
New Charter
Schools
Charters
seeking LEA
status
What is the difference between a
JPA and a SELPA
SELPA
Legal
Foundation
Function
Formation
Requirements
Participants
JPA
Required by California’s Master Plan for Special
Education, as codified in the Education Code (§ 56205)
Allowed under the California Government Code (§ 6500)
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.
•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
•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?
Special Education Local Plan Area (SELPA)
*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 JPA
School
School
School
School
(may be a traditional public school or a charter school operating as a
school of the district)
School
School
Another way of looking at it…
SELPA
JPA
Charter
School
Charter- SELPA Relationship
Charter- JPA Relationship
The SELPA provides:
The JPA provides:
• Access to funding
• High level support
• Mandatory data
gathering/reporting
• 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
Bay Area
JPA
Risk Pool
• High Costs services (i.e. NPS/NPA, Low
Incidence, Mental Health, Residential
placements)
• Due Process and litigation costs
Professional Development
•Mandatory training (SST, IEP, 504 processes)
•Sharing best-practices
•Networking
•On-call expertise providing technical
assistance
Process for Forming the Bay Area JPA
•Define group goals
Agreeing
Planning
•Identify purposes and
functions for the JPA
•Founding Members to
execute Joint Powers
Agreement by
January 31
•Fist Board meeting on
February 14, 2012
Implementing
•Commit to forming a
JPA
•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)