As a public school, Mountain Village Charter School is required to follow any students individualized education plan (IEP). Mountain Village Charter School will not discriminate against any child with a disability as defined in RSA 186-C. Under New Hampshire’s charter school statute, RSA 194-B:11, III, when a child with disabilities attends a chartered public school, all current options available to the parent and the school district are retained.
In order to ensure appropriate and adequate services will be provided for the students, Mountain Village Charter School will create an IEP team for each student with disabilities. The IEP team will consist of, at minimum, a representative from the resident school, parent, and a representative from Mountain Village Charter School.
School District Special Education Responsibility
ED 1104.01, effective 6/28/08, sets forth the following sequence of the special education process:
(c) Determination of eligibility;
(d) Development and approval of the IEP; (e) Placement;
(f) Ongoing monitoring of the IEP; and (g) Annual review of the IEP.
It is clear pursuant to RSA 194-B:11, III, that decision-making responsibility for the special education process for children with disabilities attending a public charter school remains with the child’s sending school district. In addition, RSA 194-B:11, III provides that the sending school district remains responsible for the funding for children with disabilities attending a chartered public school. Any federal funding or other funding available to a sending district related to special education, to the extent and in a manner acceptable to the funding source, shall also be directed to the receiving chartered public school on an eligible per pupil basis pursuant to RSA 194-B:11, IV.
These important provisions allow the responsible sending district and the Mountain Village Charter School to cooperate creatively to meet a student’s special education needs. The sending district will be required to provide the Mountain Village Charter School with a complete copy of each student’s IEP for implementation and monitoring purposes.