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HomeEducation CodeCh. 6Art. 4§ 47641 Charter School Special Education

§ 47641 Charter School Special Education

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 47641 Charter School Special Education

Key Takeaways

  • •A charter school can get special education money and follow federal rules if it promises in writing to join a state-approved special education plan.
  • •If a charter school doesn’t make this promise, it’s treated like a regular public school under the local school district that approved it.
  • •If the state approved the charter school and gave oversight to a local district, the school follows that district’s rules if it didn’t make the special education promise.
  • •If the state approved the charter school and kept oversight, the school can’t act on its own for special education unless it makes the promise.

Example

A new charter school wants to help kids with disabilities but doesn’t say in its application that it will join the state’s special education plan.

Because the school didn’t promise to join the plan, it can’t get extra money or make its own rules for special education. Instead, it has to follow the rules of the school district that approved it, just like any other public school in that district.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 47641 Charter School Special Education

(a) A charter school that includes in its petition for establishment or renewal, or that otherwise provides, verifiable, written assurances that the charter school will participate as a local educational agency in a special education plan approved by the State Board of Education shall be deemed a local educational agency for the purposes of compliance with federal law (Individuals with Disabilities Education Act; 20 U.S.C. Sec. 1400 et seq.) and for eligibility for federal and state special education funds. A charter school that is deemed a local educational agency for the purposes of special education pursuant to this article shall be permitted to participate in an approved special education local plan that is consistent with subdivision (a), (b), or (c) of Section 56195.1. (b) A charter school that was granted a charter by a local educational agency that does not comply with subdivision (a) may not be deemed a local educational agency pursuant to this article, but shall be deemed a public school of the local educational agency that granted the charter. (c) A charter school that has been granted a charter by the State Board of Education, and for which the board has delegated its supervisorial and oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, and does not comply with subdivision (a), shall be deemed a public school of the local educational agency to which the board has delegated its supervisorial and oversight responsibilities. (d) A charter school that has been granted a charter by the State Board of Education, and for which the board has not delegated its supervisorial and oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, may not be deemed a local educational agency unless the charter school complies with subdivision (a). (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.)

Last verified: January 23, 2026

Key Terms

educationcomplianceschooleffective julypetitionestablishmenteligibility

Related Statutes

  • § 47647 Charter School Disability Enrollment
  • § 47638 Charter School Lottery Funding
  • § 47640 Charter School Lea Definition
  • § 47646 Charter School Special Education
  • § 47660 Charter School Funding Exclusion

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 47641.
View Official Source