SECTION 1. Subsection (c) of section 89 of chapter 71 of the General Laws , as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “minimum,”, in line 35 the following words:-
describes whether the charter school or the district has ultimate responsibility for complying with laws regulating special education,
SECTION 2. Section 89 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out subsection (s) and inserting in place thereof the following subsection:-
(s) A charter school shall operate in accordance with its charter and the provisions of law regulating other public schools; provided, however, that sections 41 and 42 shall not apply to employees of commonwealth charter schools. Charter schools shall comply with chapters 71A and 71B; provided, however, that the fiscal responsibility of a special needs student currently enrolled in or determined to require a private day or residential school shall remain with the school district where the student resides. If a charter school expects that a special needs student currently enrolled in the charter school may be in need of the services of a private day or residential school, it shall convene an individual education plan team meeting for the student. Notice of the team meeting shall be provided to the special education department of the school district in which the child resides at least 5 days in advance. Personnel from the school district in which the child resides shall participate in the team meeting concerning future placement of the child, unless the special education department of the school district elects not to participate in the meeting and communicates this decision in writing to the charter school. At any time after notification and before the team meeting, and again at the team meeting, personnel from the school district in which the child resides shall be allowed to share with team members any in-district programs that could provide the services recommended by the team.
If the team determines that the child requires a private day or residential school placement, the child is still considered part of the charter school population. The charter school must reserve a seat for the child, who continues to be part of the total enrollment count in the charter school. However, the district shall not owe any part of the tuition for this child to the charter school, nor shall this child’s tuition amount be part of the total tuition amount the charter school receives from the district where the child resides.
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