Rights of Students in Public Charter Schools

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In This Issue ...

ISSN: 1538-320
October 29, 2019

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

A charter school may not unilaterally limit the services that will be provided to a student with a disability.

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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FAQs about Rights in Public Charter Schools

In December 2016, OCR and OSEP developed a Guidance Package to provide information about the rights of charter school students with disabilities.

Students with disabilities who attend charter schools retain all rights and protections under IDEA, including the right to a FAPE.

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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?

Find answers in Wrightslaw's Q & A Database.

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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

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