Claim Reimbursements
Low Incidence Costs
CDE allocates funds to the Charter SELPA for purposes of providing special education and related services as required under the individualized education program for each pupil with low-incidence disabilities, as defined in Education Code (E.C.) Section 56026.5.
Under that section, “Low incidence disability” means a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade 12. For purposes of this definition, severe disabling conditions are hearing impairments, vision impairments, and severe orthopedic impairments, or any combination thereof. For purposes of this definition, vision impairments do not include disabilities within the function of vision specified in E.C. Section 56338.
The Charter SELPA retains this funding to report expenditures in the Annual Budget Plan using a local field in the account code structure. Charter LEA's are eligible to access this funding through a claim process. Funding is limited, and when they are exhausted, it becomes a Charter LEA's responsibility to cover the remaining costs.
Reimbursement Claim Form for Qualifying Low Incidence Costs.xlsx
Legal Costs
It is the intent of the SELPA to provide partial reimbursement to Charter LEAs for qualifying legal expenditures associated with a due process filing. Therefore, a Legal Cost Pool shall be established using funds from sources such as (1) Modified funding from Charter LEAs that are in the process of building programs, but are not yet able to fully expend the allocation of state dollars (greater than 25% unspent), and (2) Modified funding from Charter LEAs that have closed operations and have failed to submit documentation that would allow for the release of funds being held.
The SELPA Administrator or designee must be notified as soon as practicable that a complaint or due process has been filed. The Legal Pool is established with the understanding that mediation and/or alternative dispute resolution are strongly encouraged. The SELPA has trained individuals in the area of mediation to assist Charter LEAs with the alternative dispute resolution process.
Legal reimbursements for claims may cover up to 60% of qualifying expenditures, not to exceed $18,000. The Executive Committee may consider any unique circumstances as presented, using reasonable judgment. Claims in which the SELPA advised the Charter LEA against Due Process, or claims in which the Charter LEA has been determined to be negligent, may be either adjusted or disapproved for reimbursement.
Reimbursement Claim Form for Qualifying Legal Costs in 2023-24.xlsx
