This attachment focuses on Special Education Local Plan Area Membership Transfers and Mergers. Generally, it is a tool to report evidence of compliance with EC Section 56207 which must be completed for any SELPA membership changes involving an LEA merger or the transfer of an LEA to or from the SELPA. EC Section 56207(a) requires that SELPAs create a plan for the transfer of existing educational programs and services already in operation prior to the transfer of such programs and services. The SELPA is not required to submit copies of transfer plans, but must maintain them and make them available to the CDE upon request. The plan for each transfer must address, at a minimum, all of the following:

• Pupil needs
• The availability of the full continuum of services to affected pupils
• The functional continuation of the current individualized education programs of all affected pupils
• The provision of services in the least restrictive environment from which affected pupils can benefit
• The maintenance of all appropriate support services
• The assurance that there will be compliance with all federal and state laws and regulations and SELPA policies
• The means through which parents and staff were represented in the planning process

The effective date of transfer may not be earlier than the first day of the second fiscal year beginning after the date on which the sending or receiving agency has informed the other agency and the governing body or individual identified in EC Section 56205(a)(12)(A), unless the governing body or individual identified in EC Section 56205(a)(12)(A) unanimously approves the transfer taking effect on the first day of the first fiscal year following that date (reference EC Section 56207(b)). The SELPA must provide written notification of the proposed transfer of educational programs and services using Attachment VII.

If either the sending or receiving agency disagree with the proposed transfer, the matter must be resolved by the alternative resolution process established pursuant to EC Section 56205(b)(5).

Procedures and Practices

1. SELPAs may report membership changes twice per fiscal year: June 30 and September 1. Membership changes will not be accepted after September 1 of each fiscal year. 
2. Membership changes must be reported using the approved Local Plan Section D and Section E templates, with the applicable certifications and attachments. No other external attachments or documents submitted by SELPAs related to membership changes will be accepted or reviewed by CDE's Focused Monitoring and Technical Assistance (FMTA) staff. Should membership changes affect the governance and administration of the SELPA, an amendment to Section B is also required on June 30 and/or by September 1. 
   • Should SELPAs submit multiple amendments to the Local Plan Section D and E, only the most current version will be reviewed by CDE after the June 30 and September 1 deadline.
3. Pursuant to EC Section 56048, the CDE (acting on behalf of the state Superintendent) will review the information and calculations submitted by all SELPAs in support of all apportionment computations for special education as reported in Section D: Annual Budget Plan, including applicable attachments. The review will be conducted on information submitted during the initial year of apportionment and for the first succeeding fiscal year only. Adjustments to any year’s apportionment must be received by the CDE from the SELPA prior to the end of the first fiscal year following the fiscal year to be adjusted. Information submitted to the CDE for computation of apportionment must be consistent with information included in the Local Plan.
4. SELPAs must not include any “proposed” and/or “pending” charter LEA in the Local Plan on Attachment I until a county/district/school (CDS) code has been issued by the CDE.
5. If a new charter school has received a CDS code, but is not operational by the June 30 due date, the SELPA must do the following:
   • Report the proposed/pending LEA in the Section E and attachments;
   • Not allocate any special education funds to the proposed/pending LEA for the period reported as evidenced by Section D reporting;
     • Include the LEA in Section D and attachments, showing zero-dollar allocations
     • If the proposed/pending charter LEA becomes operational and begins serving students after June 30, but before February 1, and meets ADA reporting requirements necessary for becoming eligible for special education state and federal funding apportionments, then an amendment to Section D, with applicable attachments is required by September 1 of the Local Plan cycle. Otherwise, the SELPA may not allocate special education state or federal funds until the requirements of EC sections 56048, 56123, 56140, 56195.1, 56205, and 56207 have been met.
6. For LEA mergers and transfers to or from the SELPA: SELPAs must complete and maintain a copy of the SELPA’s transfer plan, to be made available to the CDE upon request, ensuring the requirements of EC Section 56207 have been met prior to the transfer of an existing program and/or service. In addition, SELPAs must complete and submit Attachment VII to report membership changes involving an LEA merger or the transfer of an LEA to or from the SELPA. Additional information on the completion of Attachment VII can be found in the attachments section of this guidance document.
7. Membership changes not reported to the CDE using the applicable CDE-approved templates by the June 30 and/or September 1 deadlines, and/or that have not also demonstrated compliance with EC Section 56207, may not be eligible for special education funding until the next fiscal cycle. Information provided to the CDE must be consistent with the terms of the transfer plan agreed to by both the receiving and departing SELPAs, as well as the membership transfer information reported on Attachment VII.