Rights of Students with Disabilities in Charter Schools

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In This Issue ...

ISSN: 1538-320
May 16, 2017

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Children with disabilities who attend public charter schools and their parents retain all rights and protections under Part B of IDEA just as they would if the children were enrolled in other public schools.

Students with disabilities have important rights under two federal laws.

  • Individuals with Disabilities Education Act (IDEA)
  • Section 504 of the Rehabilitation Act of 1973 (Section 504)

In this issue of the Special Ed Advocate, you will learn about the rights of students with disabilities in Charter Schools and the schools legal obligations to provide a free appropriate public education (FAPE).

We hope you will forward this issue to other friends, families, or colleagues.
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Rights of Students in Charter Schools

Kids with disabilities who attend charter schools (and their parents) retain all rights and protections under IDEA as they would at other public schools.

Read the U.S. Department of Education Guidance on legal responsibilities of public charter schools.


Charter Schools and IEPs

Can a charter school deny admission to a child with an IEP? NO. Charter schools may not discriminate in admissions based on disability.

  • Who has educational responsibility in Charter Schools?
  • Where do I request an IEP?
  • Do Charter Schools have self-contained classes?

Find answers in Wrightslaw's Q & A Database.


Office for Civil Rights (OCR) Guidance for Charter Schools

The U.S. Department of Education OCR clarifies the responsibilities of educational institutions, including charter schools, in ensuring that all students have the opportunity to learn.

Find more on this page: Discrimination and Section 504


U.S. Department of Education Policy Guidance

Coming Soon!

Wrightslaw: Special Education Legal Developments and Cases 2016 will include all "Dear Colleague" Guidance and Policy letters published by the Department of Education, OCR, OSEP, and OSERS.

Use this Guidance to educate yourself and school staff and administrators about their legal responsibilities.


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Napa Valley, CA - May 19, 2017

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