1. (a) Children with disabilities who attend public charter schools and their parents retain all rights under this part.

2. (b)

   1. (1) If the public charter school is an LEA, consistent with 34 C.F.R. § 300.28, that receives funding under 34 C.F.R. § 300.705, that charter school is responsible for ensuring that the requirements of this part are met unless state law assigns that responsibility to some other entity.
   2. (2) See §27.00 of this part.

3. (c) Charter schools that are public schools of the LEA. In carrying out Part B of the Individuals with Disabilities Education Act and this part with respect to charter schools that are public schools of the LEA, the LEA must:

   1. (1) Serve children with disabilities attending those charter schools in the same manner as the LEA serves children with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the LEA has a policy or practice of providing such services on the site to its other public schools; and

   2. (2) Provide funds under Part B of the act to those charter schools:

      1. (A) On the same basis as the LEA provides funds to the LEA's other public schools, including proportional distribution based on relative enrollment of children with disabilities; and
      2. (B) At the same time as the LEA distributes other federal funds to the LEA's other public schools, consistent with the state’s charter school law.

4. (d) If the public charter school is a school of an LEA that receives funding under 34 C.F.R. § 300.705 and includes other public schools, the LEA:

   1. (1) Is responsible for ensuring that the requirements of this part are met, unless state law assigns that responsibility to some other entity; and
   2. (2) Must meet the requirements of 34 C.F.R. § 300.209 and §27.00 of this part.
5. (e) If the public charter school is not an LEA receiving funding under 34 C.F.R. § 300.705 or a school that is part of an LEA receiving funding under 34 C.F.R. § 300.705, the SEA is responsible for ensuring that the requirements of this part are met.

6. (f)

   1. (1) Subsection (e) of this section does not preclude the Department of Education from assigning initial responsibility for ensuring the requirements of this part are met to another entity.
   2. (2) However, the department must maintain the ultimate responsibility for ensuring compliance with this part, consistent with 34 C.F.R. § 300.149 and §27.00 of this part.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.