PUBLIC CHARTER SCHOOLS: IDEA

On December 28, 2016, the Office of Special Education Rehabilitative Services (OSERS), in cooperation with the US Department of Education’s Office of Civil Rights (OCR), issued guidelines regarding public charter schools obligations under IDEA. OCR issued guidelines regarding public charter schools under Section 504 of the Rehabilitation Act of 1973. OSERS guidance states that children who attend public charter schools retain all protections under IDEA as they would if they were enrolled in a traditional school. Charter schools that do not operate as a local educational agency (LEA) or are not part of a LEA are not addressed in OSERS guidelines.

 

If a public charter school is its own LEA then it holds responsibility for enduring the rights of students with disabilities under IDEA. If the public charter school operates under a LEA then the LEA is responsible for ensuring the rights of students with disabilities are not violated.  The responsible party shall ensure the development and implementation of a child’s IEP.

If a child transfers into a public charter school, the new LEA must take steps within a reasonable period of time to avoid any undue interruption in the provision of services. A child with an IEP shall not remain at home until a new IEP is developed by the new LEA.  If a child transfers from another school and the public charter school is unable, after reasonable attempts, to obtain a copy of the child’s IEP the new public charter school LEA or LEA which includes the public charter school is not responsible to provide special education and related services. However, the parents of the child with a disability and new LEA may agree for the provision of special education and related services while the school conducts an assessment of the child’s disability.

Most of the requirements of IDEA are the same for public charter schools as traditional public schools. Child Find, Procedural Safeguards, due process rights, FAPE, LRE, and inclusion in extracurricular activities do not change. Public charter schools must follow the requirements of IDEA. Virtual (online) charter schools are only able to escape responsibility if they reassign IDEA responsibilities to another entity.

A public charter school cannot dis-enroll a child with a disability without first convening an IEP meeting. Outside of disciplinary action, dis-enrollment is considered a placement change.

If a public charter school that is part of an LEA closes, the LEA is responsible for ensuring the provision of FAPE. If a public charter school that is its own LEA closes, the state educational agency is responsible for the provision of FAPE. The responsible agency must ensure an appropriate placement is proposed for the child.

 

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Author: Kristin Springer Attorney at law

I am an attorney who practices civil rights and education law in the Bay Area. I was admitted into practice in November 2000. In addition to my license to practice law, I am a trained mediator who has completed over 40 hours of training and participated in numerous mediations. In August 2016, after taking five years off to homeschool my children, I made the decision to focus my practice on the civil and educational rights of students in the State of California. Having a child who had an individual education plan until he graduated, I know firsthand how difficult it can be to advocate for your child to receive an appropriate education.  I represent students with disabilities in disputes with their school district about what is an appropriate education. My work includes claims under the IDEA, ADA, Section 504 of the Rehabilitation Act, and California Law. I have experience in handling disciplinary matters, Title IX investigations, and civil harassment/TRO hearings. If you would like to contact me, feel free to call my office at 925-551-1041.

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