7 Miss. Code. R. 34-C-300.209

Current through December 10, 2024
Section 7-34-C-300.209 - Treatment of charter schools and their students
(a)Rights of children with disabilities. Children with disabilities who attend public charter schools and their parents retain all rights under the IDEA 2004 regulations.
(b)Charter schools that are public schools of the LEA.
(1) In carrying out Part B of IDEA and these regulations with respect to charter schools that are public schools of the LEA, the LEA must-
(i) 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
(ii) Provide funds under Part B of IDEA to those charter schools-
(A) 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
(B) At the same time as the LEA distributes other federal funds to the LEA's other public schools, consistent with Mississippi's charter school law.
(2) If the public charter school is a school of an LEA, that receives funding under §300.705 (Subgrants to LEAs) and includes other public schools-
(i) The LEA is responsible for ensuring that the Part B of IDEA requirements are met; and
(ii) The LEA must meet the requirements of paragraph (b)(1) above.
(c)Public charter schools that are LEAs. If the public charter school is an LEA, consistent with §300.28(Local Educational Agency), that receives funding under §300.705(Subgrants to LEAs), that charter school is responsible for ensuring that the requirements of the IDEA 2004 regulations are met, unless State law assigns that responsibility to some other entity.
(d)Public charter schools that are not an LEA or a school that is part of an LEA.
(1) If the public charter school is not an LEA receiving funding under §300.705(Subgrants to LEAs), or a school that is part of an LEA receiving funding under §300.705(Subgrants to LEAs), the MDE is responsible for ensuring that the requirements of the IDEA 2004 regulations are met.
(2) Paragraph (d)(1) above does not preclude the MDE from assigning initial responsibility for ensuring the requirements of this part are met to another entity. However, the MDE shall maintain the ultimate responsibility for ensuring compliance with the IDEA 2004 regulations, consistent with §300.149(MDE responsibility for General Supervision).

7 Miss. Code. R. 34-C-300.209