AGENDA CEO COUNCIL MEETING · 10/12/2017 · AGENDA – CEO COUNCIL MEETING If you need an...
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AGENDA – CEO COUNCIL MEETING If you need an accommodation due to a disability, please contact Kelly Carnahan El Dorado County Charter SELPA at (530) 295-2452 This Charter SELPA CEO Council Meeting Agenda and Attachments are available on the Charter SELPA website at http://www.edcoecharterselpa.org/what-we-do/governance-ceo-council El Dorado Charter SELPA CEO Council Members A complete list of 2017/18 CEO Council Members is presented on the last pages of this Agenda. REGULAR SESSION AGENDA Time Item # Item (all times are estimated) 9:50 am 1. Housekeeping/Procedural Announcements 10:00 am 2. Call to Order 3. Approval of Agenda 4. Public Hearing (for items not on the Agenda - comments limited to two minutes) 5. Welcome/Introductions 5.1 Welcome 5.2 Introductions CONSENT ITEMS REQUIRING CEO COUNCIL ACTION 6. Consent Items Requiring CEO Council Action Items included on the Consent Agenda are to be approved by one motion unless a CEO Council member requests separate action on a specified item. 6.1 Approval of Minutes of CEO Council Meeting Held May 25, 2017 The May 25, 2017 CEO Council Meeting Minutes are presented as Attachment 6.1. END OF CONSENT AGENDA Thursday, October 12, 2017 Charter SELPA CEO Council Meeting Oakland Marriott City Center Skyline Room 1001 Broadway Oakland, CA 10:00 a.m. to 1:00 p.m. CEO Council Meeting Hosted Lunch and Parking 1
Transcript of AGENDA CEO COUNCIL MEETING · 10/12/2017 · AGENDA – CEO COUNCIL MEETING If you need an...
AGENDA – CEO COUNCIL MEETING
If you need an accommodation due to a disability, please contact Kelly Carnahan El Dorado County Charter SELPA at (530) 295-2452
This Charter SELPA CEO Council Meeting Agenda and Attachments are available on the Charter SELPA website at
http://www.edcoecharterselpa.org/what-we-do/governance-ceo-council
El Dorado Charter SELPA CEO Council Members A complete list of 2017/18 CEO Council Members is presented on the last pages of this Agenda.
REGULAR SESSION AGENDA
Time Item # Item (all times are estimated)
9:50 am 1. Housekeeping/Procedural Announcements
10:00 am 2. Call to Order
3. Approval of Agenda
4. Public Hearing (for items not on the Agenda - comments limited to two minutes)
5. Welcome/Introductions5.1 Welcome 5.2 Introductions
CONSENT ITEMS REQUIRING CEO COUNCIL ACTION
6. Consent Items Requiring CEO Council ActionItems included on the Consent Agenda are to be approved by one motion unless a CEO Councilmember requests separate action on a specified item.
6.1 Approval of Minutes of CEO Council Meeting Held May 25, 2017 The May 25, 2017 CEO Council Meeting Minutes are presented as Attachment 6.1.
END OF CONSENT AGENDA
Thursday, October 12, 2017
Charter SELPA CEO Council Meeting Oakland Marriott City Center Skyline Room 1001 Broadway Oakland, CA
10:00 a.m. to 1:00 p.m. CEO Council Meeting Hosted Lunch and Parking
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El Dorado Charter SELPA CEO Council Meeting October 12, 2017 Agenda Page -2-
7. REPORTS – NO ACTION REQUIRED
7.1 Minutes of Executive Committee Meeting Held September 21, 2017 The Minutes of the September 21, 2017 Executive Committee Meeting are presented as Attachment 7.1
7.2 Review of Executive Committee Membership/Meeting Dates A review of the current membership of the committee will take place. The Executive Committee meets at least four times per year and attempts to have broad representation from CEO Council to include charter representatives from large, small, geographically diverse, etc. members. The Executive Committee provides input to the Charter SELPA leadership team as recommendations are developed for the CEO Council.
A list of the Executive Committee members for 2016-17:
Mary Searcy Bixby, Altus Schools Lynne Alipio, Altus Schools Paula DeGroat, Lifeline Education Charter Gia Truong, Envision Schools Tim Wolf, King Chavez Schools Jonathan Dean, The O’Farrell Charter School Pat Hill, Learn 4 Life Concept Charter Schools Jean Hatch, Redding School of the Arts Dawn Evenson, iLEAD Schools Josh Drake, Rocketship Public Schools Genevieve Thomas, Rocketship Public Schools Cindy Petersen, Gateway Community Charters Karin Marsolais, Preuss School UCSD David Sciaretta, Einstein Academy Debi Gooding, The Learning Academy Julie Mattoon, Kipp Bay Area Melissa Mora, ACE Charter Paul Keefer, Pacific Charters J. J. Lewis, Compass Charter Schools DiAnne McClenahan, The Bay Group Patricia Dougherty, Phoenix Charter Academy
David Toston has confirmed the members’ interest in continuing to serve on the Executive Committee for 2017-18 and will ask for additional volunteers to become members of the Executive Committee. An informational flyer with the 2017/18 Meeting dates is included as Attachment 7.2.
7.3 Charter SELPA Partners Recognition In 2013, the Charter SELPA formally recognized our founding partners, identified as being with us in the first three years of operation. Starting in 2014, we have annually recognized those partners who have achieved five years of membership. Our 2017 recognition is for those partners who have achieved five years, and not been previously recognized:
Alpha Public Schools, Inc. Classical Academy Schools Kipp: Bay Area Schools Bayshore Preparatory Charter School
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El Dorado Charter SELPA CEO Council Meeting October 12, 2017 Agenda Page -3-
Clayton Valley Charter High Howard Gardner Community Charter Inland Leaders Charter McGill School of Success Urban Montessori Charter
7.4 Professional Learning Update The Charter SELPA Professional Learning Catalog is now available exclusively on the Charter SELPA website to ensure the information and registration links are current at all times. The Professional Learning Catalog can be accessed at http://www.edcoecharterselpa.org/what-we-do/professional-learning.
7.5 Leadership Academy/Teacher Academies The Leadership Academy, a unique professional development program for charter school special education leaders and aspiring leaders, will be held July 23rd – 27th, 2018 at the Hotel Maya in Long Beach. Registration information will be available in April, 2018.
Multiple Teacher Academies, two-day professional learning opportunities designed for both new and experienced special education teachers, may be held regionally in the Summer and Fall of 2018. Registration information would be available in Spring, 2018.
7.6 Special Education Symposium The Special Education Symposium will take place Friday, February 23, 2018 at the Doubletree by Hilton San Diego Mission Valley Hotel. Registration information will be available in late fall.
8. Fiscal Report
CEO Council will be updated on fiscal results for the 2016-17 year. Please see
Attachment 8, entitled “Fiscal Report: 2016-17 Year End & 2017-18 Budget”, for this fiscal
update.
9. Educationally Related Mental Health Services (ERMHS) Report
CEO Council will be updated on the 2017-18 ERMHS budget to assure a transparent and
predictable level of funding for Charter SELPA Partners. Please see Attachment 9, entitled
“ERMHS Report: 2016-17 Year End & 2017-18 Budget”, for this update.
10. Quality Assurance Process
SELPA leadership will present an overview of the State Quality Assurance Process.
INDIVIDUAL ITEMS REQUIRING CEO COUNCIL ACTION
11. Participation Agreement
The SELPA recommends revising the Participation Agreement to include shared values,
conduct, responsibilities of, and proper practices for partners within the Charter SELPA.
Information and recommendations regarding the proposed revisions are included in
Attachments 11 and 11a.
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El Dorado Charter SELPA CEO Council Meeting October 12, 2017 Agenda Page -4-
12. Charter School Closure and At-Risk of Closure Policy Revision
Charter SELPA recommends revising the current policy to include added authority to requestdocumentation when an LEA is closing. Additionally, the SELPA recommends requiring arelease of claims to SELPA Risk Pools effective the date of the LEA closure or the termination ofmembership. Information and recommendations regarding the revised policy are included inAttachments 12 and 12a.
END OF ACTION ITEMS
13. SELPA Leadership Report
14. Future Agenda Items
15. Meeting DateThe next regularly scheduled meeting of the Charter SELPA CEO Council will be held on May24th, 2018 at the Doubletree by Hilton San Diego Mission Valley Hotel.
16. Adjournment
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itag
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/JP
A/O
ther
15
4To
tal N
um
ber
of
Site
s3
23
14
ATTACHMENT 6.1
MINUTES – CEO COUNCIL MEETING – May 25, 2017
El Dorado Charter SELPA CEO Council Members A complete list of CEO Council Members present in person or online via Adobe Connect
is available upon request to Kathleen Hall at [email protected].
1. Housekeeping/Procedural Announcements
2. Call to OrderThe meeting was called to order at 10:06 a.m. at the DoubleTree Mission Valley San Diego Hotel, San Diego,California, by David Toston, Associate Superintendent, El Dorado County Office of Education/SELPA Programs.
3. Approval of AgendaMotion to approve the agenda as presented was made by member Cameron Curry and seconded by member JJLewis. There was no discussion, all approved and the motion carried.
4. Public Hearing (for items not on the Agenda - comments limited to two minutes)The Public Hearing was opened at 10:07 a.m. and, with no public comment, closed at 10:08 a.m.
5. Welcome/Introductions5.1 Welcome - Dr. Ed Manansala, El Dorado County Superintendent of Schools, welcomed everyone to the
meeting. Highlights of his welcome included: Looking back ten years as a movement, and now looking forward, it is very important that we
have achievement and growth around how we serve our students with disabilities.
5.2 Introductions – Members of CEO Council were introduced. Members participating online were announced.
6. Update from CEO Executive Committee RetreatDavid Toston summarized the following items from the retreat:
Survey - Confirming areas where we are meeting expectations and areas in which we can improve. Professional learning opportunities – Average attendance rate, 60%. Looking into strategies to improve
participation. Need to advocate for charter schools in many areas statewide. PPIC report. Support in holding SELPAs to a high standard of service. Participation by outside entities in our Professional Learning – we will explore the possibility of opening
up the professional learning opportunities to non- members.
Thursday, May 25, 2017
Charter SELPA CEO Council Meeting DoubleTree Mission Valley in San Diego 7450 Hazard Center Drive / San Diego, CA
UNADOPTED MINUTES
15
El Dorado Charter SELPA CEO Council Meeting ATTACHMENT 6.1
May 25, 2017 Minutes – Unadopted Page -2-
David acknowledged and thanked members of the Executive Committee for their service to the CharterSELPA.
CONSENT ITEMS REQUIRING CEO COUNCIL ACTION
7. Consent Items Requiring CEO Council ActionItems included on the Consent Agenda were approved as presented by one motion, with noCEO Council member requesting a separate action on a specified item.
7.1 Approval of Minutes of CEO Council Meeting Held September 22, 2016 The September 22, 2016 CEO Council Meeting Minutes were presented as Attachment 7.1.
7.2 Approval of Proposed Meeting Schedules The following meeting schedules were proposed for the 2017/18 year:
CEO Council Meeting Dates for 2017-18:
October CEO Council Meeting – Oakland, CA Date: Thursday, October 12, 2017 Time: 10:00 a.m. to 2:00 p.m. Location: Oakland Marriott City Center
1001 Broadway Oakland, California
May CEO Council Meeting – San Diego, CA Date: Thursday, May 24, 2018 Time: 10:00 a.m. to 2:00 p.m. Location: Mission Valley Doubletree
7450 Hazard Center Drive San Diego, CA
Executive Committee Meeting Dates for 2017-18:
Tuesday, October 3, 2017 1:00 p.m. to 2:30 p.m. Meeting held via Adobe Connect videoconferencing platform
Thursday, March 8, 2018 10:00 a.m. to 11:30 a.m. Meeting held via Adobe Connect videoconferencing platform
Thursday, May 10, 2018 10:00 a.m. to 11:30 a.m. Meeting held via Adobe Connect videoconferencing platform
Wednesday, May 23, 2018 5:30 p.m. to 8:00 p.m. Executive Committee Dinner/Retreat Mission Valley Doubletree in San Diego
(Note that the CEO Executive Committee may call additional meetings as needed throughout the year to address matters that may arise.)
Recommendation: The Charter SELPA CEO Council recommended approval of both items on the consent agenda. A motion to approve the consent agenda items as presented was made by member Phil Beaumont and seconded by member Mary Bixby. There was no discussion, all approved and the motion carried.
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El Dorado Charter SELPA CEO Council Meeting ATTACHMENT 6.1
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END OF CONSENT AGENDA
8. Information Only Items
8.1 Minutes of Executive Committee Meeting Held November 10, 2016 The Minutes of the November, 2016 Executive Committee Meeting were presented as Attachment 8.1.
8.2 Minutes of Executive Committee Meeting Held March 9, 2017 The Minutes of the March, 2017 Executive Committee Meeting were presented as Attachment 8.2.
8.3 Minutes of Executive Committee Meeting Held May 11, 2017 The Minutes of the May 11, 2017 Executive Committee Meeting were presented as Attachment 8.3.
8.4 Charter SELPA Membership
David Toston briefly reviewed the general application process and timelines the SELPA is required to follow per CDE.
8.4.1 Current Members A list of the current 2017-18 members of the El Dorado Charter SELPA was included in the CEO Council Meeting Agenda.
8.4.2 New Members and Exiting Members for 2017-18 A list of the new members joining and members exiting the El Dorado Charter SELPA for 2017-18 was presented as Attachment 8.4.2.
It was requested that if any school was anticipating any school closures to please notify the Charter SELPA as soon as possible.
8.5 Charter SELPA Financial Update An Executive Summary – Financial Update was included as Attachment 8.5. The details in this financial update were communicated to charter fiscal contacts and were posted to the Charter SELPA website.
8.6 Accountability Update/Charter SELPA Oversight Benchmarks The integrated oversight process of the SELPA is designed to identify areas of LEA support for both program and fiscal operations, as well as protect the SELPA as a whole from the loss of distributed funding. The oversight process consists of monitoring several metrics for all partners. A detailed 2016/17 Partner Oversight Update was included as Attachment 8.6.
8.7 Charter SELPA Set-Aside Risk Pool Update An annual report was provided to CEO Council on the use of funds and the balance available in the Set-Aside Risk Pool. As of May 2017, there were no expenditures from the Set-Aside Risk Pool. The estimated ending balance was projected to be $554K. A detailed annual report of the Set-Aside Risk Pool with an updated 2016-17 budget and the 2017-18 budget was included as Attachment 8.7.
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8.8 Low Incidence Funding Budget Update Allocation Plan language requires SELPA leadership to inform CEO Council of the 2016-17 rate for low incidence funding and the proposed rate for 2017-18. The maximum reimbursement rate for 2016-17 was increased from $433 to approximately $1,500 (based on budget requests submitted, but subject to review of final expenditure reports submitted). The minimum reimbursement rate for 2017-18 was proposed to start at $433, with an adjustment in May 2018 based on budget requests submitted. A detailed budget update, entitled Low Incidence Update, was included as Attachment 8.8.
David Toston reviewed the budget parameters and details of the Low Incident attachment. Rising number of claims for this year. Next year’s rate will be $433 at the beginning of the year.
8.9 Charter SELPA ERMHS (Educationally Related Mental Health Services) Budget Update for 2016-17 and 2017-18 CEO Council will be updated at regular intervals on the ERMHS (Educationally Related Mental Health Services) budget to assure a transparent and predictable level of funding for Charter SELPA partners. Charter SELPA leadership has communicated information to the field (March 2017) regarding the ability to fund up to 90% reimbursement for Level 2 and Level 3 Site Based Therapeutic Programs in 2016-17. No additional reimbursement beyond 90% is proposed for 2016-17. Charter SELPA leadership will make a decision by September 15, 2017, to establish the Level 2 service formula amount for 2017-18. Per the Allocation Plan, the amount may range from a minimum of $2,000 up to the 2016-17 rate of $3,300. Should the increasing trend of Level 3 reimbursement costs exceed available ERMHS funding, CEO Council may be asked at the October 2017 CEO Council to review current funding parameters to ensure stable and predictable ERMHS funding. Attachment 8.9, entitled ERMHS Budget Update 2016-17 and 2017-18, included the detailed budget update.
David Toston noted that the system we have in place is working as intended. Level 3 costs are projected to increase substantially in 2016-17, and it is prudent to maintain our reserve until we have a better sense of final 2016-17 and 2017-18 Level 3 costs.
8.10 California Department of Education (CDE) Data Monitoring/Disproportionality CEO Council was alerted to a change in CDE oversight metrics in connection with Disproportionality in Special Education.
A document entitled ‘Disproportionality David reviewed the document and alerted everyone to its importance. LEA disproportionality refers to the ‘overrepresentation’ of a particular racial or ethnic group in one of four areas:
o Special education in generalo Special education within a specific disability categoryo Disciplineo Least restrictive environment (LRE)
Any LEA that is found to have disproportionate representation will be subject to state monitoring. 206 of our 295 schools received letters from CDE identifying them as having significant disproportionality. The SELPA will assist all members in addressing these concerns.
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El Dorado Charter SELPA CEO Council Meeting ATTACHMENT 6.1
May 25, 2017 Minutes – Unadopted Page -5-
INDIVIDUAL ITEMS REQUIRING CEO COUNCIL ACTION
9. Annual Budget and Service Plans – 2017/18The Charter SELPA is required to annually prepare a budget and service plan in the mannerand format prescribed by CDE. The budgeted expenditure data for 2017-18 was based onprior year expenditure trends and projections for 2017-18 based on growth. The service planwas developed using CASEMIS student data for the SELPA and projections for 2017-18. Acopy of the Budget Plan and the recommendation for approval of the Annual Budget andService Plans for 2017/18 were included in Attachment 9.
David Toston opened the public hearing at 11:33 a.m. and, with no public comment, closed the publichearing at 11:34 a.m. A motion to approve the Annual Budget and Service Plan for 2017-18 as presentedwas made by member Laura Mudge and seconded by member JJ Lewis. There was no discussion, allapproved and the motion carried.
10. Charter SELPA Budget Update Including Rate Smoothing Pool
Allocation Plan language requires CEO Council to review 2016-17 funding rates, set 2017-18
rates, and receive a report on the status of the rate-smoothing pool that was established in
2015-16. A detailed report and recommendation was included in Attachment 10, entitled
‘Budget Update (State and Federal Rates) Including Rate Smoothing Pool.’
David Toston reviewed the document and highlighted the impact of the deficits and use of the ratesmoothing pool to adjust for these deficits.
2017-18The state funding rate is set at $514 per P-2 ADA (before admin fee/set-aside for new charters).
The federal funding rate is set at $125 per prior year enrollment (before admin fee/set-aside for newcharters).
Further, SELPA administration may adjust these rates based on approved governmental budgets, futuregrant determinations and changes in the 2016-17 deficit percentage.
If the budgeted rates above are adjusted, CEO Council will be advised at the October 2017 CEO Councilmeeting of the change and rationale for the change.
A motion was made to approve the action item as presented by member Cameron Curry and seconded bymember Lynne Alipio. There was no discussion, all approved and the motion carried.
11. Charter SELPA Legal Risk Pool UpdateThere are sufficient funds in the risk pool, currently used to reimburse legal claims related todue process, to modify the current funding formula. Attachment 11 was included, entitled‘Legal Risk Pool Update’, and set forth the detailed budget update and recommendation.
Changing the use parameters of the legal risk pool was discussed. There will be two primary areas offunding – charter schools with unspent funds who return funds and modified funding from charterpartners who close operations and fail to submit documentation that would allow for release of fundsbeing held. Current balance in the pool is over $1M, a healthy fund balance primarily as a result of severalcharters that closed with unspent funds that were returned to the SELPA or not distributed.
CEO Council was asked to approve revision to the Allocation Plan legal risk pool reimbursementparameters for 2016-17 and future years: Increase reimbursement percentage from 50% to 60%. Increase maximum claim amount from $20K to $30K.
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El Dorado Charter SELPA CEO Council Meeting ATTACHMENT 6.1
May 25, 2017 Minutes – Unadopted Page -6-
$18K maximum reimbursement for legal costs (60% of $30K maximum) associated with a due processfiling.
A motion to approve the action item as presented was made by member Dawn Evenson and seconded by member Melissa Mora. There was no discussion, all approved and the motion carried.
12. Charter SELPA Allocation Plan Revision – Unspent FundsCharter SELPA is seeking an alternate methodology to distribute state funding to charterswith large unspent carryover amounts. Attachment 12, entitled ‘Unspent Funds AllocationPlan Revision’, was included for the recommendation to revise the Allocation Plan language.
CEO Council was asked to approve revision to the Allocation Plan to establish a reimbursement based
state funding cash flow methodology based on monthly expenditure reports submitted to the Charter
SELPA when specified criteria are met. If expenditures exceed what would have been received under the
normal cash flow received from the state, cash flow would be adjusted accordingly. Charter SELPA will
develop a reporting template for the reimbursement process. The intent is to provide timely cash flow to a
charter, but provide assurances to the Charter SELPA that funds are being used for state and federal
special education purposes and reduce unspent carryover funds held by charters. The amendment
language is included in the attachment.
The motion to approve the action item as presented was made by member Mary Bixby and seconded by member Laura Mudge. There was no discussion, all approved and the motion carried.
13. Charter SELPA Policy Revisions
13.1 Charter School Closure and At-Risk of Closure Policy Revision Charter SELPA is seeking an alternate methodology to distribute state funding to charters deemed “at-risk” of closing with unspent funds and lack of documentation. Detailed information and recommendations regarding the revised policy were included in Attachments 13.1 and 13.1.1.
CEO Council was asked to approve the recommendation to revise Charter SELPA Policy 27
Charter School Closure to a new description of Charter School Closure and At-Risk of Closure and
to add additional language to provide for more options in managing risk:
Charter SELPA administration may make a determination to move a charter to a reimbursement
based state funding cash flow, if matters come to their attention that cause them to believe funds
are in danger of not being spent appropriately for special education. A listing of criteria are
identified below:
Notice of revocation Notice of bankruptcy FCMAT extraordinary audit Annual audit with material findings and identification of operational issues that cause
concern regarding the long-term viability of the organization. Other circumstances that create a concern the charter is in danger of closing with
undocumented or unspent special education funds.The intent of the reimbursement methodology is to create a timely cash flow of state aid based on documented actual special education expenditures. Revised policy was attached as Attachment 13.1.1.
The motion to approve this action item was made by member Nick Nichols (online) and seconded by member Don Wilson. There was no discussion, all approved and the motion carried.
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El Dorado Charter SELPA CEO Council Meeting ATTACHMENT 6.1
May 25, 2017 Minutes – Unadopted Page -7-
14. Charter SELPA Local Plan Revision ClarificationIn the initial start-up of the Charter SELPA, the Local Plan purpose statement identifiedmembership as charters outside the geographic boundaries of El Dorado County. CEO Councilwas asked to take action to clarify a conflict that exists between CEO Council approved Policy22 and the Local Plan “Purpose”, and identify the CEO Policy 22 as the primary determinantfor membership that allows for charters within the geographic boundaries of El DoradoCounty to apply for membership in the Charter SELPA. Excerpts from the relevant Local Planlanguage and CEO Policy 22, and the recommended action was included in Attachment 14.
A motion to approve the recommended action to identify the CEO Policy 22 as the primary determinant for membership that allows for charters within the geographic boundaries of El Dorado County to apply for membership in the Charter SELPA was made by member Laura Mudge and seconded by member Jennifer Zamora. There was no discussion, all approved and the motion carried.
ADDITIONAL INFORMATION ITEMS
15. SELPA Leadership ReportDavid Toston reported that Charter SELPA’s recent advocacy efforts have included intentional leadershippositions obtained among our leadership group. David participated on the advisory board of CarsNet andhe is the incoming president of Coalition for Adequate Funding for Special Education. Charter SELPAleadership was selected by CCESCA (California County Superintendents’ Educational Services Association)to write guidance documents for all county offices for working with LEAs who need improvement on theirspecial education practices.
Our Special Education Symposium had 275 attendees this year. The publication Special Edge identified the Symposium as a successful, important event.
16. Future Agenda ItemsDavid Toston acknowledged the retirement of Joe Pacheco of Leadership Public Schools and his service asan exceptional member of the Charter SELPA
17. Next Meeting DateThe CEO Council will meet October 12, 2017 in Oakland, CA at the Marriott City Center from10:00 a.m. to 2:00 p.m.
18. AdjournmentA motion was made to dismiss the meeting by member Jim Di’Agostino and seconded by member JoePacheco. There was no discussion, all approved and the motion carried. David Toston dismissed themeeting at 12:18 p.m.
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ATTACHMENT 7.1
MINUTES – EXECUTIVE COMMITTEE MEETING
*Indicates participation in the meeting
Charter SELPA: *David M. Toston, Associate Superintendent*Ginese Quann, Charter SELPA Director*Robert Steponovich, SELPA Business Services Director
*Vicki L. Barber, Retired EDCOE Supt. of Schools*Francie Heim, EDCOE/Charter SELPA Consultant*Kathleen Hall, Administrative Assistant
Executive Committee Members: *Mary Searcy Bixby, Altus Schools *Lynne Alipio, Altus Schools*Gia Truong, Envision Schools Paula DeGroat, Lifeline Education*Cindy Petersen, Gateway Community Charters *Paul Keefer, Pacific Charter Institute*Pat Hill, Learn4Life *Josh Drake, Rocketship EducationDavid Sciaretta, Einstein Academies *Julie Mattoon, KIPP Bay Area Schools*Tim Wolf, King-Chavez Charter Schools Melissa Mora, ACE Charter School*Debi Gooding, The Learning Center Karin Marsolais, Preuss School UCSD*Jean Hatch, Redding School of the Arts Dawn Evenson, iLead SchoolsJonathan Dean, The O’Farrell Charter School *DiAnne McClenahan, The Bay Group*J.J. Lewis, Compass Charter Schools *Patricia Dougherty, Phoenix Charter Academy
Guests: *Susan Park, The O’Farrell Charter School; *Mike Gordon, Inland Leaders; *David Langford, Ingenium; *Virgie Rentie, REACH Leadership STEAM Academy; *Sarah Phillips, John Adams Academy; *Drew Lawton,Charter SELPA; *James Barrett, Charter SELPA; *Kelly Carnahan, Charter SELPA
1. Educationally Related Mental Health Services (ERMHS) Budget Update
CEO Executive Committee is updated at regular intervals on the 2017-18 ERMHS budget to assure a
transparent and predictable level of funding for Charter SELPA partners. One of the SELPA’s
responsibilities is to determine the sufficiency of funds and to set the parameters for ERMHS
reimbursement for the upcoming school year. Attachment 1, entitled “Year End ERMHS Report”,
contained updated ERMHS 2017-18 budget information.
Based on the detailed analysis set forth in the attachment, SELPA leadership made a finding of sufficiencyof funding for 2017-18 to support the following budget decisions:
The maximum Level 2 per service rate is established at $3,300.
$100K will be available for Level 2 transportation reimbursement – outside of the Level 2service cap/ADA formula. The intent is to provide 80% funding for eligible costs. If $100Kis not sufficient, funding will be pro-rated based on claims submitted at year end.
Indirect costs will be allowed for Level 2.
EL DORADO CHARTER SELPA Thursday, September 21, 2017
Meeting was held via Adobe Connect on Thursday, September 21, 2017 at 10:00 a.m.
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El Dorado Charter SELPA Executive Committee Meeting ATTACHMENT 7.1
September 21, 2017 Minutes Page -2-
Before May 2018, SELPA leadership will make a finding as to the ability to fund beyond the 80% and 90% parameters established in the Allocation Plan. The significant variables impacting this finding are the January 2018 Level 2 budget requests submitted and the Level 3 NPS budget requests submitted throughout the year.
Change in Level 3 Expenditure Reporting The rising costs of Level 3 placements is a particular focus area in managing the overall ERMHS budget and funding guidelines for NPS and NPS residential placements have been amended to provide for more frequent expenditure reporting and cash flow distributions in 2017-18. This will increase the frequency of revenue cash flow for partners and allow the SELPA to track these highly variable costs more closely. SELPA will now require monthly NPS and NPS residential placement expenditure reporting (through the SELPA fiscal portal) instead of year-end expenditure reporting. Revised reporting templates were shared with Steering Committee last week and are available on the Charter SELPA fiscal portal.
2. Fiscal Report
CEO Executive Committee was updated on fiscal results for the 2016-17 year. Attachment 2,
entitled “2016-17 End of Year/Budget Update” contains this fiscal update, which included
detailed information on the following items:
Funding Rates and Rate Smoothing Pool – 2016/17 actuals and 2017/18
projections. The rate smoothing pool helps to address special education deficits
and smooth out movement.
Set-Aside Risk Pool – 2016/17 actuals and 2017/18 projections. Now a Shared
Risk Set-Aside Pool working as intended.
Legal Risk Pool – 2016/17 actuals and 2017/18 projections.
Low Incidence Pool – 2016/17 actuals and 2017/18 projections.
Maintenance of Effort – SELPA is currently reviewing 2016-17 year end
expenditure data to compile the required MOE reports and analyze overall SpEd
expenditures. 11-15-17 deadline to submit to CDE.
Unspent Funds – SELPA is currently reviewing 2016-17 expenditure data. Under
the revised policy adopted by CEO Council in May, 2017, charters with greater
than 25% unspent funds will be placed on reimbursement funding in 2017-18, and
will note be eligible for federal funds.
An end of year/budget update will be presented at the October CEO Council meeting.
3. Participation Agreement
The SELPA recommended revising the Participation Agreement to express the overarching
principles and expectations that guide our collective decisions and actions as partners in the
Charter SELPA. The revised Partnership Agreement will include statements of shared values,
conduct, responsibilities of, and proper practices for partners within the Charter SELPA.
Information and recommendations regarding the proposed revisions were included in
Attachments 3 and 3a.
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El Dorado Charter SELPA Executive Committee Meeting ATTACHMENT 7.1
September 21, 2017 Minutes Page -3- The Participation Agreement has substantive changes in a number of areas – major revisions
include:
The recitals all remain the same with the exception of the listed values – new language
added based on discussions at an Executive Committee level. David Toston reviewed the
values of commitment, integrity, fairness, partnership, knowledge and transparency,
along with the new provisions of Shared Commitments and LEA responsibilities.
CEO Executive Committee was asked to provide input and review the recommendations to revise the
Participation Agreement to include statements of organizational values and standards. One additional
clause will be added regarding SELPA’s responsibility in the quality assurance process with CDE, and
the Participation Agreement will be submitted for a final legal review prior to CEO Council meeting in
October.
The revised Participation Agreement will be submitted to each LEA’s governance board during 2017/18
for approval (effective date July 1, 2018) and the timeline will be shared at the October CEO Council
Meeting.
4. Charter School Closure and At-risk of Closure Policy RevisionCharter SELPA recommended revising the current policy to include added authority torequest documentation when an LEA is closing. Additionally, the SELPA recommendedrequiring a release of claims to SELPA Risk Pools effective the date of the LEA closure or thetermination of membership.
CEO Executive Committee was asked to provide input and review the recommendations forrevision to the policy. Information and recommendations regarding the revised policy wereincluded in Attachments 4 and 4a.
The revised Closure Policy will be presented to CEO Council for adoption at the October meeting.
5. SELPA Leadership Report
SELPA Leadership shared positive feedback to the recent online Steering Committee
meeting. Depending on future feedback and attendance patterns, we may be moving
toward more online Steering Committee meetings going forward.
SELPA will sponsor a Legal Forum in January – more information coming.
Executive Committee was briefed on the current fiscal status of one of our members.
At the next Executive Committee Meeting, set for January 18th , we will begin addressing
our Local Plan review.
6. Next Meeting DateThe next regularly scheduled meeting of the Charter SELPA Executive Committee will takeplace Thursday, January 18, 2018 at 10:00 a.m. via Adobe Connect teleconferencing.
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ATTACHMENT 7.2
2017-18 Charter SELPA Executive Committee Meetings
Description The Executive Committee serves as an informal advisory body to the Charter SELPA Administrative Unit. Executive Committee members review policies and procedures to make recommendations to the CEO Council for action items at the October and May meetings. An invitation to participate in the Executive Committee is issued annually at the first CEO Council meeting for the current fiscal year to all of SELPA’s partners. Summaries of the Executive Committee meetings shall be transmitted to the full membership of the Charter SELPA CEO Council.
Participants The Executive Committee shall be comprised of all Charter SELPA CEO Council members who have an interest in participating as a committee member. Committee participation shall be at the discretion of individual members who shall be free to attend, or not attend, meetings as they choose.
General Information Meetings will be held via the “Adobe Connect” videoconferencing platform. You can view, hear and participate using your computer with audio capability and an internet connection. Log-in information to participate, along with the meeting agenda and supporting documents, will be made available one week prior to the meeting.
2017-18 Meetings:
Thursday, September 21, 2017 10:00 a.m. to 11:30 a.m. Thursday, January 18, 2018 10 a.m. to 11:30 a.m. Thursday, March 8, 2018 10 a.m. to 11:30 a.m. Thursday, May 17, 2018 10 a.m. to 11:30 a.m.
Please note additional Executive Committee meetings may be called as needed.
NOTE:
Executive Committee Dinner Retreat: Wednesday, May 23, 2018 at 5:30 p.m. (buffet dinner served at 6:30 p.m.) DoubleTree by Hilton San Diego Mission Valley 7450 Hazard Center Drive San Diego, CA 92108
El Dorado County Charter SELPA
All Executive Committee Meetings will be held via Adobe Connect. Email invitations will be sent with additional details prior to the meetings. Additional Executive Committee meetings may be called as needed.
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CEO COUNCIL MEETING – OCTOBER 12, 2017 ATTACHMENT 8
FISCAL REPORT: 2016-17 YEAR END & 2017-18 BUDGET
El Dorado Charter SELPA / Fiscal Report: 2016-17 Year End & 2017-18 Budget Page 1 of 4
BACKGROUND Executive Committee is to be updated on results for the 2016-17 year. This update covers the following information items:
Funding Rates & Rate Smoothing Pool
Set-Aside Risk Pool
Legal Risk Pool
Low Incidence Pool
Maintenance of Effort
Unspent Funds
FUNDING RATES & RATE SMOOTHING POOL (TABLE 1) 2015-16 As anticipated, additional 2015-16 deficit restoral dollars ($626K) were received in 2016-17 and credited to the pool per the Allocation Plan (line 2). This more than replenished the $251K in pool funds used to guarantee the 2015-16 state funding rate of $505/ADA (line 6).
2016-17 At the time of the May 2017 CEO Council meeting, the expectation was that the 2016-17 deficit would be 2.7% as of June 2017 (equating to a rate of $503/ADA), and would decrease to 2.0% in February 2018 (equating to a rate of $507/ADA). Based on these expectations, CEO Council approved using $554K from the pool (line 6) to provide a final 2016-17 state funding rate to members of $507/ADA. The deficit as of June 2017 is 2.71%. It is still anticipated that the final deficit will be restored to 2% and those funds will be replenished (line 2).
2017-18
The Governor’s enacted 2017-18 budget includes a 1.56% COLA. The 2017-18 state funding rate was established at $514/ADA, based the assumption of a 2.0% final deficit for 2017-18. In May, the CEO Council approved using $600K to guarantee the $514 rate (line 6), with the anticipation those dollars will be restored in February 2019.
Estimated state funding of $514/current year P-2 ADA (before admin fee and set-aside contribution fornew charters) to be verified January 2018.
Estimated federal funding $125/prior year enrollment (before admin fee) to be updated January 2018.
Table 1
Charter SELPA Rate Smoothing Pool 2015-16 2016-17 2017-18
1 Prior Prior Year Deficit Restoration
2 Prior Year Deficit Restoration 1,156,737 625,917 564,000
3 Total Revenue 1,156,737 625,917 564,000
4 Prior Prior Year Rate Guarantee 1,210
5 Prior Year Rate Guarantee
6 Current Year Rate Guarantee 250,638 554,458 600,000
7 Total Expenditures 250,638 555,668 600,000
8 Income less Expenditures 906,099 70,249 (36,000)
9 Beginning Balance - 906,099 976,348
10 Ending Balance 906,099 976,348 940,348
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CEO COUNCIL MEETING – OCTOBER 12, 2017 ATTACHMENT 8
FISCAL REPORT: 2016-17 YEAR END & 2017-18 BUDGET
El Dorado Charter SELPA / Fiscal Report: 2016-17 Year End & 2017-18 Budget Page 2 of 4
SET-ASIDE RISK POOL (TABLE 2) 2016-17 Beginning in 2016-17, a new Shared Risk Set-Aside Pool was established by CEO Council action, requiring:
One-time contribution of $2.50 per PY ADA for 2016-17 members continuing from the prior year (line 2);
One-time contribution of $5.00 per CY ADA for new charters starting in 2016-17 (line 3); and
One-time contribution of $200K from the Legal Risk Pool (line 5).
The set-aside balance calculations under the old rules were performed as of 2015-16 year end and the member-owned Set-Aside Risk Pool was closed. The final set-aside amounts, less the $2.50 per ADA contribution to the new pool, were returned in October 2016 to current members with any interest earned. Any set-aside balances from charters closing/leaving the SELPA and not vested were transferred to the Legal Risk Pool.
The pool was charged with $153 (line 6) to account for revenue distributed to two different schools before the schools closed without prior notice. It was subsequently determined the schools needed to return the revenue. To date the revenue has not been recovered.
2017-18 Based on ADA projections for approved new members, $74,530 in revenue to the pool is anticipated for 2017-18 (line 5).
Table 2
Charter SELPA Set Aside Risk Pool 2015-16
2016-17 Close
Old Pool
2016-17
New Pool 2017-18
1 Contribution from Charters 227,255 271,521
2 Contribution from New Charters 92,844 74,530
3 Interest 11,622
4 One Time transfer from Legal Risk 200,000
5 Total Revenue 238,877 - 564,365 74,530
6 Unrecoverable Revenues from Closed Schools 153
7 Return to charters 4,718 1,053,909
8 Interest return to charters 2,235 52,942
9 Interest transfer to Legal Risk Pool 962 1,913
10 Transfer to Legal Risk Pool 52,716
11 Total Expenditures 7,915 1,161,480 153 -
12 Income less Expenditures 230,962 (1,161,480) 564,212 74,530
13 Beginning Balance 930,518 1,161,480 - 564,212
14 Ending Balance 1,161,480 - 564,212 638,742
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CEO COUNCIL MEETING – OCTOBER 12, 2017 ATTACHMENT 8
FISCAL REPORT: 2016-17 YEAR END & 2017-18 BUDGET
El Dorado Charter SELPA / Fiscal Report: 2016-17 Year End & 2017-18 Budget Page 3 of 4
LEGAL RISK POOL (TABLE 3) SELPA partners may make claims against the Legal Risk Pool to reimburse legal costs arising from a due process filing. CEO Council took the following actions in May 2017 regarding claims on the Legal Risk Pool and applied them retroactively to 2016-17:
Increase reimbursement percentage from 50% to 60%.
Increase maximum claim amount from $20K to $30K.
$18K maximum reimbursement for legal costs (60% of $30K maximum) associated with a dueprocess filing.
Per the Allocation Plan, funding for the Legal Risk Pool comes from three sources: 1. Set-aside funds from charter partners who leave the SELPA before completion of four years. Note that
2016-17 is the last year for this revenue source due to the changes to the Set-Aside Pool made by theCEO Council in May 2016 (see above).
2. Unspent revenue from charter partners who are placed on reimbursement funding as a result of greaterthan 25% unspent funds in the previous year.
3. Modified funding from charter partners who close operations and fail to submit documentation thatwould allow for release of funds being held.
2016-17 Total revenue from all three sources was $1.1M in 2016-17 (line 5). The primary driver of this increase in pool revenue compared to prior years was $851K of revenue that was not justified with expenditure reports. This revenue was either recovered from closed schools or placed on hold and not distributed to schools that were identified as high risk and subsequently closed (line 2). Twelve claims against the pool were paid for a total of $85K (line 6), which was nearly double the previous year award amount. Note that the increase claim reimbursement rules approved by CEO Council were applied retroactively to 2016-17. The $200K contribution to the new Set-Aside Risk Pool is shown on line 7.
2017-18 $100K is currently budgeted for revenue and expenditures for 2017-18. Given the uncertainty of the direction of the state budget in 2018-19, no action is recommended at this time.
Table 3
Charter SELPA Legal Risk Pool 2015-16 2016-17 2017-18
1 Transfer from Modified Funding (Unspent) 145,392 167,776 100,000
2 Transfer from Closed Charters (30,406) 850,872
3 Transfer from Set Aside - Closed Charters 6,426 52,716 -
4 Transfer from Set Aside-Interest 962 1,913 -
5 Total Revenue 122,374 1,073,277 100,000
6 Total Awards 44,121 85,544 100,000
7 Contribution to New Set Aside 200,000 -
8 Total Expenditures 44,121 285,544 100,000
9 Income Less Expenditures 78,253 787,733 -
10 Beginning Balance 279,244 357,497 1,145,230
11 Ending Balance 357,497 1,145,230 1,145,230
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CEO COUNCIL MEETING – OCTOBER 12, 2017 ATTACHMENT 8
FISCAL REPORT: 2016-17 YEAR END & 2017-18 BUDGET
El Dorado Charter SELPA / Fiscal Report: 2016-17 Year End & 2017-18 Budget Page 4 of 4
LOW INCIDENCE POOL (TABLE 4) 2016-17 $118K of revenue was received, which is $433 for each pupil with a low incidence disability on December 1st of the prior year (line 1). Going into 2016-17, a minimum reimbursement rate was established at $433/claim. Based on timely claims filed with sufficient documentation, final reimbursement to charters was established at up to $1,500/claim. We received a total of 90 claims that would have used up the entire pool balance. However, only 81 claims were approved and paid totaling $109K (line 4), and two approved claims are awaiting final documentation (line 5). This resulted in a small carryover balance of $5.8K (line 7).
2017-18 Funding for 2017-18 again starts at $433 per eligible claim and will be increased based on the final determination of claims submitted for the year. The budget reflects the intent to pay annual revenue received in addition to the small prior year carryover.
Table 4
Charter SELPA Low Incidence 2015-16 2016-17 2017-18
1 Income 97,381$ 118,035$ 119,900$
2 Other Sources 31,810$
3 Total Revenue 129,191$ 118,035$ 119,900$
4 Expenditures 112,933$ 109,232$ 141,739$
5 Pending Claims 3,000$
6 Total Expenditures 112,933$ 112,232$ 141,739$
7 Income less Expenditures 16,258$ 5,803$ (21,839)$
8 Beg Balance (221)$ 16,036$ 21,839$
9 Ending Balance 16,036$ 21,839$ 0$
MAINTENANCE OF EFFORT (MOE) MOE is a federal grant compliance requirement. In order for an LEA to continue to receive federal IDEA funds, each LEA must maintain the level of state/local expenditures from year to year. The annual process is driven by submission of expenditure data by charters. We are in the process of reviewing 2016-17 year end expenditure data to compile the required MOE reports and analyze overall SpEd expenditures.
UNSPENT FUNDS/FUNDING MODIFICATION As mentioned above, expenditure data from partners is currently being analyzed. However, based on the data submitted thus far, 15 charters had unspent funds in 2016-17. Only two of the 15 had unspent funds greater than 25%. Under revised policy adopted by the CEO Council in May 2017, charters with >25% unspent funds will be placed on reimbursement funding in 2017-18, and will not be eligible for federal funds.
RECOMMENDATION - NONE
This report is provided for information only. No action is required.
29
CEO COUNCIL MEETING – OCTOBER 12, 2017 ATTACHMENT 9
ERMHS REPORT: 2016-17 YEAR END & 2017-18 BUDGET
El Dorado County Charter SELPA/ ERMHS Report: 2016-17 Year End & 2017-18 Budget Page 1 of 3
BACKGROUND Per the Allocation Plan, by September 15th of each year, the:
Charter SELPA administration will make a finding of sufficiency of Level 2 funding based on the following variables:
Prior year ERMHS ending balance
Projected current year ADA
Projected current year Level 3 projected costs
Projected current year Level 2 service counts
Based on this finding of sufficiency:
The per mental health service reimbursement amount for Level 2 will be established between $2,000and $3,000; or
A higher amount if the prior year ending balance is sufficient to assure SELPA members of predictablefunding with no shortfalls.
And, if there is an adequate finding of sufficiency of funding:
$100K will be available for Level 2 transportation – outside of the service cap/ADA formula; and/or
Indirect costs will be allowed for Level 2.
ANALYSIS AND ASSUMPTIONS 1) 2016-17 Ending BalanceThe Allocation Plan directs administration to manage annual ERMHS funding decisions toward a goal ofmaintaining an ending balance (reserve) in the 5% to 10% of revenue range. The 2016-17 ERMHS ending balanceis $2.76M or 27.5% (lines 13 & 14 of chart below). This is $1.76M above the upper reserve target of 10%. Theending balance was higher primarily because final Level 3 reimbursement requests were significantly belowestimates, which were based on budget requests submitted by partners.
2) 2017-18 Projected ADAThe overall SELPA ADA is expected to increase to 155,616 ADA in 2017-18. Along with the 1.56% COLA includedin the approved state budget, projected state ERMHS funding is $9.59M (line 1). Based on PY enrollment of148,493, federal ERMHS revenue is projected to be $1.65M (line 2).
3) 2017-18 Projected Level 3 CostsReferencing lines 6 through 9 (of chart below):
Based on submitted budgets, 2016-17 Level 3 costs were projected to be $3.3M, more than double prioryear Level 3 costs.
Reported final expenditures for 2016-17 were $2.5M, 24% lower than submitted budgets, but still a 62%increase over prior year.
The 2017-18 Level 3 budget is projected to be $3.5M, a 40% increase over 2016-17 actuals. We are notprojecting as significant an increase as we saw last year.
4) 2017-18 Projected Level 2 ERMHS Service CountsThe major indicator of Level 2 costs is the ERMHS service counts. Trend data shows that from September toDecember (the official count date), eligible Level 2 counts rose 19%. The September 2017 count is 4,309.Considering the prior year growth rate, the December 2017 Level 2 service count is projected to be 5,000.
30
CEO COUNCIL MEETING – OCTOBER 12, 2017 ATTACHMENT 9
ERMHS REPORT: 2016-17 YEAR END & 2017-18 BUDGET
El Dorado County Charter SELPA/ ERMHS Report: 2016-17 Year End & 2017-18 Budget Page 2 of 3
5) 2017-18 Projected Level 2 Budget RequestsBased on the December 1st SEIS service count, approximately $1,700 per eligible service was spent in 2015-16. In2016-17, the average amount spent per service dropped to $1,650. For 2017-18 budgeting, a per-service cost of$1,700 is assumed.
6) 2017-18 Projected Level 2 ExpendituresMultiplying the 5,000 service count projection (#4 above) by the assumed $1,700 per-service cost (#5 above)equates to a budget of $8.5M for Level 2 expenditures (line 4 of chart below).
FINDING OF SUFFICIENCY Based on the forgoing analysis, SELPA leadership makes a finding of sufficiency of funding for 2017-18 to support the following budget decisions:
The maximum Level 2 per service rate is established at $3,300.
$100K will be available for Level 2 transportation reimbursement – outside of the Level 2 servicecap/ADA formula. The intent is to provide 80% funding for eligible costs. If $100K is not sufficient,funding will be pro-rated based on claims submitted at year end.
Indirect costs will be allowed for Level 2.
Beginning the year with a projected 13.5% reserve level (line 14) provides sound protection for unforseeen cost increases. By May 2018, SELPA leadership will make a finding as to the ability to fund beyond the 80% and 90% parameters established in the Allocation Plan. The significant variables impacting this finding are the January 2018 Level 2 budget requests submitted and the Level 3 NPS budget requests submitted throughout the year.
Charter SELPA ERMHS 2015-16 Final
2016-17 Projected
(March CEO Exec)
@ 90%
2016-17 Final 2017-18 Projected
(Oct 17)
1 State 7,295,390 8,592,000 8,634,623 9,587,219
2 Federal 1,196,061 1,391,000 1,390,903 1,647,005
3 Total Income 8,491,451 9,983,000 10,025,526 11,234,224
4 Level 2 5,356,467 7,574,000 7,012,011 8,500,000
5 Level 2 Transportation 40,000 45,815 100,000
6 Level 3 Therapeutic 37,245 360,000 334,568 465,000
7 Level 3 NPS 971,774 1,449,000 1,267,874 1,775,000
8 Level 3 Residential 541,788 1,430,000 906,222 1,270,000
9 SELPA indirect 254,744 300,000 287,000 365,000
10 Total Expenditures 7,162,018 11,153,000 9,853,490 12,475,000
11 Income less Expenditures 1,329,433 (1,170,000) 172,037 (1,240,776)
12 Beginning Balance 1,259,373 2,588,806 2,588,806 2,760,843
13 Ending Balance 2,588,806 1,418,806 2,760,843 1,520,067
14 Reserve % of Revenue 30.5% 14.2% 27.5% 13.5%
31
CEO COUNCIL MEETING – OCTOBER 12, 2017 ATTACHMENT 9
ERMHS REPORT: 2016-17 YEAR END & 2017-18 BUDGET
El Dorado County Charter SELPA/ ERMHS Report: 2016-17 Year End & 2017-18 Budget Page 3 of 3
SUMMARY Per the Allocation Plan and based on SELPA leadership’s September finding of sufficiency of funding, below is a summary of 2017-18 ERMHS funding parameters for charter members based on the above:
The Level 2 formula provides 80% of the lesser of: a) $3,300 per eligible ERMHS SEIS count based on the December 1 count; orb) January 2017 Budget request (updated with final expenditures July 2017); orc) $250 per current year P-2 ADA.
The lowest of the three calculated amounts above becomes the maximum Level 2 budget request.
$100K is allocated for Level 2 transportation, and indirect costs for Level 2 are allowed.
Level 3 Site Based Structured Therapeutic Program (80% funded) Costs that may be claimed are restricted to services that are required to be performed by certificated staff. Staff may be contracted through an NPA or hired by the charter. Books and supplies may be claimed. Eligible students
must meet ED eligibility criteria, and be identified in SEIS with ED as primary or secondary disability. A budget
request for Level 3 site based structured therapeutic program reimbursement must be filed with the Charter SELPA by November 1.
Level 3 NPS ERMHS (90% funded) Costs that may be claimed are the ERMHS for a student in an NPS placement. The educational costs are the responsibility of the charter member and are not reimbursed. The educational costs, however, must be reported and must be, at a minimum, equal to the charter’s LCFF per ADA funding amount. Eligible students must meet ED eligibility criteria, and be identified in SEIS with ED as primary or secondary disability.
Level 3 NPS Residential Room and Board (100% funded) All criterion and reimbursement parameters applicable to non-residential placements listed above apply. Additional costs that may be claimed are the residential room and board costs related to a student in an NPS placement.
REVISED LEVEL 3 REPORTING As noted above, the rising costs of Level 3 placements is a particular focus area in managing the overall ERMHS budget. Funding guidelines for NPS and NPS residential placements have been amended to provide for more frequent expenditure reporting and cash flow distributions in 2017-18. This will increase the frequency of cash flow for partners and allow the SELPA to track these highly variable costs more closely.
RECOMMENDATION - NONE
This report is provided for information only. No action is required.
32
CEO COUNCIL MEETING – OCTOBER 12, 2017 ATTACHMENT 11
CHARTER SELPA PARTICIPATION AGREEMENT REVISION
El Dorado Charter SELPA / Charter SELPA Participation Agreement Revision Page 1 of 1
ISSUE
CEO Council is asked to take action to revise the Charter SELPA Participation Agreement to include statements of organizational values and standards in addition to the responsibilities and practices for Charter SELPA partners.
BACKGROUND
The Participation Agreement should be revised to express the overarching principles and expectations that guide our collective decisions and actions as partners in the Charter SELPA. The principles and expectations outlined articulate the expectations, roles and responsibilities for all parties to the agreement.
The primary goal is to maintain the integrity and protect the reputation of our organization in order to continue to meet the needs of the stakeholders we serve. The Participation Agreement is intended to provide standards that can be applied by all members of the Charter SELPA. Members who do not to meet these shared expectations, through direct actions or lack of actions that demonstrate egregious disregard or systemic noncompliance to the federal, state and SELPA requirements, could be subject to termination of SELPA membership.
Additionally, the Participation Agreement also serves as our public commitment to high ethical standards and practices. The expectations of this agreement will be the foundation of our application, orientation and induction processes for schools interested in joining the Charter SELPA.
Each charter member is required to sign the Participation Agreement, and have it ratified by their governing board, at the time of entry to the Charter SELPA. Since this is a material revision to the document, all members will need to re-sign the revised Participation Agreement and have it ratified by their governing board.
RECOMMENDATION
CEO Council action is requested to revise Charter SELPA Participation Agreement to include statements of
organizational values and standards as set forth in the Attachment 11a.
33
ATTACHMENT 11a
1
AGREEMENT FOR PARTICIPATION
EL DORADO CHARTER SELPA
This Agreement for Participation (“Agreement”) is entered into by and between the El Dorado Charter SELPA (“SELPA”), the El Dorado County Office of Education (“EDCOE”), and __________________ (“LEA”), a California public charter school, collectively referred to as the “Parties.”
RECITALS WHEREAS, each special educational local plan area is required to administer local plans submitted pursuant to Education Code section 56205 et seq., administer the allocation of funds pursuant to Education Code section 56836 et seq., and ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing certain aspects of special education;
WHEREAS, a charter school that is deemed a local educational agency for purposes of special education is required to participate in an approved local plan pursuant to Education Code section 56195.1(f);
WHEREAS, LEA is a charter school that is deemed a local educational agency for purposes of special education pursuant to Education Code section 47641 and is responsible for complying with all provisions of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and implementing regulations as they relate to local educational agencies;
WHEREAS, the SELPA as authorized by the California State Board of Education serves as the special educational local plan area for California charter schools deemed local educational agencies pursuant to Education Code section 47641 that have successfully completed the SELPA membership process and have signed this Agreement for Participation (“Agreement”);
WHEREAS, EDCOE is designated in the local plan as the “responsible local agency” for the SELPA, which means the administrative entity, the duties of which shall include, but are not limited to, receiving and distributing state and federal special education funds pursuant to the allocation plan, providing administrative support, and coordinating implementation of the plan;
WHEREAS, the actions and decisions of the parties are guided by the values of:
1. Commitment – maintaining high standards for performance in student achievement,operations, governance and finance;
2. Integrity – adherence to moral and ethical principles in all aspects of the work;3. Fairness – impartial and just treatment of all stakeholders;4. Partnership – collaborative decision making and accountability;5. Knowledge – understanding of charter school law and practice; and6. Transparency- access to the information, decisions, and actions of the organization;
WHEREAS, the purpose of this agreement is to set forth the various responsibilities of LEA, EDCOE, and SELPA to ensure that all charter pupils with exceptional needs within
34
ATTACHMENT 11a
2
the SELPA receive appropriate special education programs.
NOW, THEREFORE, IT IS HEREBY AGREED between the parties hereto as follows:
1. SHARED COMMITMENTS1.1. Resource Allocation. Parties shall demonstrate commitment to the promises set
forth in this Agreement by allocating appropriate resources.
1.2. Standard of Conduct. Parties, at all times, shall conduct themselves in such a manner as to act in the best interests of all other SELPA members. LEA shall not engage in any activity or enterprise which would tend to injure or expose the SELPA or any of its members to any significant risk of harm or injury of any kind.
1.3. Compliance. All parties to this agreement shall identify and comply with applicable laws, regulations, policies, procedures and generally accepted standards. Each party will address any identified compliance gaps in a responsible and timely fashion.
1.4. Continual Improvement. Parties are expected to continually improve by setting performance objectives, executing plans and taking necessary corrective actions for deficiencies identified by any and all internal and/or external assessments.
1.5. Accuracy of Business Records. Parties shall ensure that any and all financial books and records conform to generally accepted accounting principles and state reporting requirements. Records must be accurate in all material respects. Records must be legible, transparent, and reflect actual transactions and payments and be open to inspection by the other party upon a reasonable request.
1.6. Accuracy of Student Records. Parties shall ensure that any and all student records conform to prescribed formats. Records must be legible, transparent, reflect actual transactions and payments, and be accurate in all material respects. Records must be open to inspection and review by other parties with legitimate educational interest upon a request.
1.7. Documentation. Parties shall maintain documentation necessary to demonstrate compliance with this Agreement and compliance with applicable state and federal statutes and regulations.
1.8. Local and Allocation Plans. Parties agree to the provisions of the Local and Allocation Plans as updated and approved by the CEO Council.
1.9. Provision of Free and Appropriate Public Education. The LEA is solely responsible for the provision of special education programs and services to eligible students enrolled in the LEA. The Parties understand and agree that the SELPA or EDCOE shall have no responsibility for the operation of any direct educational program service of any kind, that the SELPA has no duty or authority to provide FAPE to individual students, and that the SELPA has no duty or authority to make decisions regarding the educational programming of students
35
ATTACHMENT 11a
3
enrolled in the LEA.
2. LEA RESPONSIBILITIES2.1 Programs and Services. The LEA is solely and exclusive responsible for the
following mandated activities in order to operate its special education programs and services for students enrolled in the LEA. As such, the LEA shall:
2.1.1. Select, employ, compensate, and determine the duties of, or establish appropriate contracts for the provision of, special education teachers, instructional aides, and other personnel as required to conduct the program specified in the Local Plan, and in compliance with state and federal mandates.
2.1.2. Conduct and/or contract those programs operated by the LEA in conformance with the Local Plan and the state and federal mandates.
2.1.3. Organize and administer the activities of the IEP teams, including the selection of the LEA staff and who will serve as members of the IEP team in conformance with Education Code Section 56341 and in compliance with the Local Plan.
2.1.4. Develop and implement program objectives and the evaluation of the program effectiveness.
2.1.5. Communicate with the parents and/or legal guardians of students in conformance with laws, regulations and the provisions of the Local Plan.
2.1.6. Provide for the documentation and reporting of assessment procedures used for the placement of individuals and the security thereof.
2.1.7. Provide for the continuous review of placements and the assessment procedures employed to insure their effectiveness and applicability, and insure the continued implementation and compliance with eligibility criteria.
2.1.8. Provide for the integration of students with disabilities into the general education school programs and provide for evaluating the results of such integration according to specifications of the Local Plan.
2.1.9. Conduct the review of individual placements requested by the parents and/or legal guardians of the student in accordance with the Local Plan.
2.1.10. Prepare and submit all required reports, including reports on student enrollment, program expenditures, and program evaluation.
36
ATTACHMENT 11a
4
2.2. Fiscal Responsibilities. Receive and expend special education funding in accordance with the Charter SELPA Allocation Plan.
2.3. Restricted Funds. As a condition of membership and participation in the SELPA, LEA warrants and represents that at no time during the term of this Agreement and LEA’s membership and participation in the SELPA shall the LEA, directly or indirectly, provide special education funding for the benefit of a for-profit entity. All funding provided through the Charter SELPA shall be treated as a restricted funding source to be expended only for special education or special education services. Nothing contained herein shall be interpreted as prohibiting any LEA from expending funds to contract with a state-certified nonpublic agency/school for the benefit of children served, in accordance with the approved master contract and individual services agreements as provided for in federal and state law.
2.4. Audit Report. Annually provide the SELPA with the LEA’s annual, independent financial audit report, on or before December 20th each year, unless an extension has been granted by the State Controller’s Office, in which case an extension will be granted to the charter as well. LEA further agrees to provide SELPA copies of any and all State Controller’s Office communications regarding audit report corrective actions and a corrected audit report, if applicable. Should an LEA be the subject of an investigation by any federal, state, or local agency, including but not limited to the Fiscal Crisis Management and Assistance Team (“FCMAT”) arising out of or related to allegations of fiscal mismanagement, failure to meet generally accepted accounting principles, or any violation of a provision of law, the LEA shall immediately notify SELPA and provide the SELPA with a copy of any written correspondence related thereto.
2.5. Membership Responsibilities. Adhere to governance structure within SELPA Local Plan and Policies including designating appropriate representatives to serve on required councils and committees; ensure appropriate LEA representatives attend and participate in SELPA governance meetings as set forth in the Local Plan, Policies and Procedures.
2.6. Management Decisions. Consistent with this Agreement, LEA shall have full and exclusive authority and responsibility for classifying employment positions within their LEA. The managerial prerogatives of any participating LEA member shall not be infringed upon by any other participating LEA member except upon mutual consent of an affected LEA member(s), or unless as otherwise set forth. LEA shall not undertake to independently act on behalf of the SELPA or any of its members without express written authorization of the SELPA.
2.7. Participation. Ensure appropriate LEA representatives attend and participate in SELPA governance meetings and committees as set forth in the Local Plan, Policies and Procedures.
2.8. Reporting Requirements. Submit all required federal, state and SELPA reports
and data requests in the prescribed format and at the specified due date. Upon
written request by the SELPA, LEA shall provide any requested information,
37
ATTACHMENT 11a
5
documents, writings, or information of any sort without delay, except as otherwise
prohibited by law.
2.9. Indemnification and Hold Harmless. To the fullest extent allowed by law, LEA agrees to defend, indemnify, and hold harmless the SELPA and its individual other members, EDCOE, the El Dorado County Superintendent of Schools, and each of their respective directors, officers, agents, employees, and volunteers (the Indemnified Parties), from any claim or demand, damages, losses or expenses (including, without limitation, reasonable attorney fees) that arise in any manner from an actual or alleged failure by LEA to fulfill one or more of the LEA member’s obligations except to the extent that such suit arises from the SELPA, EDCOE, or the El Dorado County Superintendent of Schools’ negligence.
3. SELPA DUTIES AND RESPONSIBILITIES3.1 Services. In order to accomplish the goals set forth in the Local Plan, SELPA shall
provide the following services and activities for the LEA:
3.1.1. Receive, compile, and submit required enrollment reports and compute all special education apportionments; receive data from LEA to compile and submit budgets for the programs and monitor the fiscal aspects of the program conducted, and receive the special education apportionments as authorized by applicable law.
3.1.2. Maintain SELPA policies and procedures for referring and placing individuals with exceptional needs who are enrolled in the LEA, including the methods and procedures for communication with the parents and/or guardians of the students according to SELPA Local Plan, Policies and Procedures.
3.1.3. Coordinate the organization and maintenance of the Special Education Community Advisory Committee (“CAC”) to coordinate the implementation of the Local Plan and provide for the attendance of designated members of the SELPA’s staff at all regularly scheduled CAC meetings as required by law.
3.1.4. Coordinate community resources with those provided by LEA and SELPA, including providing such contractual agreements as may be required.
3.1.5. Coordinate state Quality Assurance Process.
3.1.6. Provide alternative dispute resolution supports and services.
3.1.7. Develop interagency referral and placement procedures.
3.1.8. Provide regular personnel development training sessions for LEA staff responsible for administering or delivering special education programs and services.
38
ATTACHMENT 11a
6
3.1.9. Provide the method and forms to enable the LEA to report to the SELPA on student enrollment and program expenditures. Establish and maintain a pupil information system.
3.1.10. Provide reasonable and appropriate technical assistance and information to the LEA upon request from LEA administration, including but not limited to:
1. Evidenced Based Practices;2. Program Development and Improvement;3. Individual cases;4. State complaints;5. Requests for due process mediation and hearing; and6. Appropriate programs and services for specific pupils.
3.1.11. Perform other services reasonable and necessary to the administration and coordination of the Local Plan.
3.2. Governance. Organize and maintain the governance structure of the Local Plan including various committees and councils to monitor the operations of the SELPA and make recommendations for necessary revisions, including, but not limited to, the Local Plan, Allocation Plan and Policies.
3.3. Data Reporting. Establish and maintain methods, timelines and forms to submit required federal, state and SELPA reports.
3.4. Public Meetings. Schedule public meetings for purposes of governance activities and adopting the Annual Service Plan and Budget Plan.
3.5. Fiscal Responsibilities. Receive, distribute, and oversee the expenditure of special education funds in accordance with federal and state regulations and the SELPA Allocation Plan.
3.6. Indemnification and Hold Harmless. The SELPA shall be held harmless and indemnify EDCOE and the El Dorado County Superintendent of Schools for any costs of any kind or nature arising out of or related to this agreement other than as specifically contemplated herein, except to the extent that such cost arises from EDCOE and the El Dorado County Superintendent of Schools’ negligence.
4. EDCOE DUTIES AND RESPONSIBILITIES:4.1. The Parties understand that EDCOE is designated in the Local Plan as the
“responsible local agency” for the SELPA. EDCOE shall receive and distribute state and federal special education funds pursuant to the Allocation Plan, provide administrative support, and coordinate implementation of the Local Plan in accordance with state and federal law.
4.2. EDCOE shall not be responsible for any LEA or SELPA obligations or duties of any kind or nature except as explicitly set forth in this agreement.
39
ATTACHMENT 11a
7
5. TERMINATION OF THIS AGREEMENT AND PARTICIPATION IN SELPA5.1. LEA may terminate this Agreement and participation in the SELPA in its sole
discretion at the end of the fiscal year next occurring after having provided prior written notice to the SELPA, as follows:
5.1.1. Prior initial written notice of intended termination to the SELPA at least twelve (12) months and one (1) day in advance of date of termination; and
5.1.2. Final written notice of termination to the SELPA no more than six (6) months after the LEA’s initial notice of intended termination.
5.2. The SELPA may initiate and complete termination of this Agreement and LEA’s participation in the SELPA in its sole discretion in accordance with the process and standards in SELPA Policies. The SELPA will provide prior written notice to the LEA at least twelve (12) months as follows:
5.2.1. Prior initial written notice of intended termination to the LEA at least twelve (12) months and one (1) day in advance of date of termination, and
5.2.2. Final written notice of termination to the LEA no more than six (6) months after the SELPA’s initial notice of intended termination.
5.3. Specifically the timeline and process above does not preclude the SELPA from initiating and completing the termination process in less than 12 months or by June 30 of the year immediately preceding the summary termination, if the member demonstrates:
5.3.1. Egregious disregard of state and federal requirements to provide services to students; and/or
5.3.2. Demonstrated systemic and material issues that would cause the SELPA to make a finding of “going concern” based on leadership, programmatic and/or fiscal solvency that would cause SELPA to reasonably believe the SELPA may be harmed by the continued membership of the LEA.
The standards and timeline as determined by the SELPA shall, at a minimum, provide the LEA a reasonable opportunity for prior written notice and an opportunity to be heard by the Membership Appeals Committee.
6. DISPUTE RESOLUTIONShould a dispute arise relating to the responsibility for service provision, governanceactivities, the distribution of funding, if a party believes that an action taken by the CEOCouncil will create an undue hardship, or that the action taken exceeds the authoritygranted to the CEO Council within the Local Plan and/or state or federal statute, theaggrieved party may request a review of the action with the appropriate governing body
40
ATTACHMENT 11a
8
or CDE as appropriate.
7. MUTUAL REPRESENTATIONS7.1. Authority and Capacity. The Parties have the authority and capacity to enter into
this agreement.
7.2. Full Disclosure. All information heretofore furnished by the Parties for purposes of or in connection with this Agreement or any transaction contemplated hereby or thereby is true and accurate in all material respects on the date as of which such information is stated.
7.3. No Conflicts. Neither party is under any restriction or obligation that may affect the performance of its obligations under this agreement.
7.4. Enforceability. This Agreement constitutes a legal, valid, and binding obligation, enforceable against the Parties according to its terms.
8. RESERVATION OF RIGHTS.The Parties hereto agree that nothing contained in this Agreement or otherwise shall bedeemed to have waived or modified any of their rights or remedies under the law.
This agreement is entered into for the 2017-18 year and, absent a new agreement
or termination, continues each year thereafter.
Executed on this day of , 20 .
In accordance with SELPA policy, ,
[INSERT Charter LEA Name]
certifies that this agreement has been approved by the appropriate local
board(s).
LEA
Date Signature of CEO of Charter LEA
[PRINT CEO Name, Title]
41
ATTACHMENT 11a
9
EL DORADO COUNTY OFFICE OF EDUCATION
Date Ed Manansala, Ed.D., Superintendent
El Dorado County Office of Education
Date David M. Toston, Associate Superintendent
SELPA Programs
El Dorado County Office of Education
42
CEO COUNCIL MEETING – OCTOBER 12, 2017 ATTACHMENT 12
CHARTER SCHOOL CLOSURE AND AT-RISK OF CLOSURE POLICY REVISION
El Dorado Charter SELPA / Charter School Closure and At-Risk of Closure Policy Revision Page 1 of 1
ISSUE
Recent experiences with closed schools have highlighted the need to update our policy to allow for greater
latitude to request information and protect the Charter SELPA risk pools from claims after a school has closed.
BACKGROUND
Per CDE, the SELPA is required to have policies in place when a school closes. Additionally, CEO Council has
adopted policies to proactively avoid releasing funds to schools at risk for closure or petition revocation. After
the current policy was adopted on May 25, 2017, there were multiple situations that highlighted the need to
further refine this policy to protect the collective interest of the SELPA and ensure required documentation and
reporting expectations are met.
RECOMMENDATION
CEO Council action is requested to revise Charter SELPA Policy 27 as follows:
Revise Charter SELPA Policy 27, Section 1. Documentation and Notification of the Closure to include the
following language:
The notification and documentation requirements are not limited to the items listed above.
The Charter SELPA may require additional information as needed to ensure compliance with state and federal laws.
The Charter SELPA may require additional information to ensure appropriate transition of special education services for students served by the charter.
The Charter SELPA may require additional documentation to ensure compliance with state and federal funding requirements.
Add additional section to Charter SELPA Policy 27 to read as follows:
6. Release of Risk Pool Claims
The LEA is required to submit a Release of Risk Pool Claims, which terminates the ability to submit claims to the
Charter SELPA Risk Pools (Legal Risk Pool, SELPA Set Aside, Rate Smoothing Pool, etc.) effective the date of the
LEA closure or the termination of membership. The final release of any special education funds that have been
withheld is contingent on the requirements listed above and a signed Release of Risk Pool Claims document.
There have been additional non-material edits to improve readability and flow of the document. The revisions
have been highlighted in red in the proposed Charter School Closure and At-Risk of Closure Policy 27, as set forth
in Attachment 12a.
43
ATTACHMENT 12a
El Dorado County Charter SELPA CEO Policy 27
1 CEO Council Approved 5-25-17
CEO Council Pending Approval 10-12-17
Charter School Closure and At-Risk of Closure
A charter school may choose to close voluntarily, close involuntarily through non-renewal, or close involuntarily through revocation by their authorizing LEA. Additionally, charter schools must notify the Charter SELPA whenever a change in CDS code occurs, even though this may not mean the charter has closed operations, but may have changed authorizing agencies.
The Charter SELPA must be notified by June 30 of the fiscal year prior to the change, of the change in CDS code so that the Local Plan and funding elements may be updated appropriately.
1. DOCUMENTATION AND NOTIFICATION OF THE CLOSURE
The charter must provide the Charter SELPA with a copy of their closure policy, contained in the most recently approved charter petition.
When a charter school ceases operations, as defined by no longer operating under the CDS code documented in the Local Plan, the Charter SELPA must be notified immediately. The Charter SELPA must be notified by June 30 of the fiscal year prior to the change, of the change in CDS code so that the Local Plan and funding elements may be updated appropriately.
Notice of a charter school’s closure for any reason must be provided by the authorizing entity to the California Department of Education (CDE). In addition, the charter school must send notice of its closure to:
a. Parents or guardians of students.b. The authorizing entity.c. The county office of education (if the county board of education is not the authorizing entity);d. The El Dorado Charter SELPAe. The retirement systems in which the school’s employees participate.f. The California Department of Education.
Notification of all the parties above must include at least the following:
a. The effective date of the closure.b. The name(s) of and contact information for the person(s) handling inquiries regarding the
closure.c. The students’ school districts of residence.d. How parents or guardians may obtain copies of student records, including specific information
on completed courses and credits that meet graduation requirements.
The notification and documentation requirements are not limited to the items listed above.
The Charter SELPA may require additional information as needed to ensure compliance with state and federal laws.
The Charter SELPA may require additional information to ensure appropriate transition of special education services for students served by the charter.
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ATTACHMENT 12a
El Dorado County Charter SELPA CEO Policy 27
2 CEO Council Approved 5-25-17
CEO Council Pending Approval 10-12-17
The Charter SELPA may require additional documentation to ensure compliance with state and federal funding requirements.
2. RECORD TRANSFER AND RETENTIONCharter school closure procedures must include plans for the transfer and maintenance of school andstudent records, including any special education records. These records are to be transferred to thecustody of the entity responsible for conducting the closure.
After receiving notification of a charter closure, the Charter SELPA will request from the charter: a. Information regarding the entity responsibility for conducting the closure.b. Verification from the charter that special education records have been appropriately transferred
to the entity responsible for conducting the closure.
3. FINANCIAL CLOSEOUT – SINGLE PARTNERIt is the intent of the Charter SELPA to exercise due diligence when a charter closes to ensure thefollowing:
a. All special education financial reports are filed appropriately, including Charter SELPA requiredend-of-year reporting and mental health reporting.
b. Maintenance of Effort reporting is complete and the charter has passed MOE.c. All federal special education financial reports are filed.d. All attendance reports for the final year are filed (P-1, P-2, annual).e. All required special education pupil count data and special education personnel data reports are
filed appropriately.f. An annual audit is performed and the Charter SELPA receives a copy of the audit.g. Review of the audit to ensure no outstanding compliance issues are noted or other material
findings that would cause the Charter SELPA to be concerned about the reliability of datasubmitted.
h. Review of any other documentation that would be necessary to ensure the reliability of specialeducation financial data. This would include any findings of fiscal mismanagement by theauthorizing LEA in a revocation or non-renewal.
Upon determination of satisfactory completion of items noted above, any amounts owed to the charter after June 30 of the fiscal year may be released. Because of the timing of the annual audit and SELPA receipt of federal end of year funds, it is possible that final funds may not be released until six months after the charter has closed.
The Charter SELPA may release state ERMHS funds before the final charter audit is issued under the following conditions:
Appropriate documentation is on file as required by the Charter SELPA;
Charter SELPA may request additional documentation to ascertain that funds were spentappropriately for ERMHS services; and
There are no allegations or findings of fiscal mismanagement or fiscal solvency from theauthorizer or the Charter SELPA that would cause the Charter SELPA to be concerned about thereliability of data submitted.
If the Charter SELPA makes a finding that it would not release any final amounts owing to the charter, that finding will be disclosed to the Executive Committee. The charter may appeal the finding to the
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ATTACHMENT 12a
El Dorado County Charter SELPA CEO Policy 27
3 CEO Council Approved 5-25-17
CEO Council Pending Approval 10-12-17
Charter SELPA Appeals Committee.
4. FINANCIAL CLOSEOUT – ORGANIZATION PARTNERIf a charter school closes, and the Organization Partner is still a member with additional charters in theCharter SELPA, the Charter SELPA may release ERMHS state funds owing after June 30 of the fiscal yearand set-aside funds, before the final charter audit is issued, under the following conditions:
Appropriate documentation is on file as required by the Charter SELPA;
There are no allegations or findings of fiscal mismanagement or fiscal solvency from the
authorizer or the Charter SELPA that would cause the Charter SELPA to be concerned about thereliability of data submitted; and
The Organization Partner has certified that funds were spent appropriately for special educationand should issues arise at a later date, the Organization Partner will honor any obligations owingby the closing charter.
5. BANKRUPTCY PROCEEDINGSIn the event of a bankruptcy, the release of funds identified above for Single Partner or OrganizationPartners may be impacted by the direction of the courts.
6. Release of Risk Pool ClaimsThe LEA is required to submit a Release of Risk Pool Claims, which terminates the ability to submit claimsto the Charter SELPA Risk Pools (Legal Risk Pool, SELPA Set Aside, Rate Smoothing Pool, etc.) effectivethe date of the LEA closure or the termination of membership. The final release of any special educationfunds that have been withheld is contingent of the requirements listed above and a signed Release ofRisk Pool Claims document.
7. OTHERCharter SELPA administration may withhold state and federal funding if matters come to their attentionthat cause them to believe that funds are not being spent appropriately for special education. Thecharter will be notified of the reason for funds being withheld and will be provided an opportunity torespond with documentation as requested by the SELPA.
Charter SELPA administration may make a determination to move a charter to a reimbursement based
state funding cash flow, if matters come to their attention that cause them to believe funds are in danger
of not being spent appropriately for special education. A listing of criteria are identified below:
Notice of revocation
Notice of bankruptcy
FCMAT extraordinary audit
Annual audit with material findings and identification of operational issues that cause concernregarding the long-term viability of the organization.
Other circumstances that create a concern the charter is in danger of closing with undocumentedor unspent special education funds.
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ATTACHMENT 12a
El Dorado County Charter SELPA CEO Policy 27
4 CEO Council Approved 5-25-17
CEO Council Pending Approval 10-12-17
The intent of the reimbursement methodology is to create a timely cash flow of state aid based on documented actual special education expenditures.
The charter may appeal the finding to the Charter SELPA Appeals Committee.
Legal References:
EDUCATION CODE 47604.32 47605 47605.6 47607
CALIFORNIA CODE OF REGULATIONS, TITLE 5 (5 CCR) 11962 11962.1
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