Public Charter Schools Must Follow IDEA

 For Families that have their children attending a "Public" charter school, meaning that the bulk of the funding come from the LEA, here are some FACTS that you can take to the next IEP meeting you have when the school decides they are above the law:

1) The Individuals with Disabilities Education Act (IDEA) is the law that requires schools to provide
children with disabilities a free, appropriate public education in the least restrictive setting. Each
part of IDEA also receives yearly funding from the federal government, but state and local
governments fund the remainder.
 A charter school that receives 98% of its funding through LCPS and the staff are LCSP employees
applies.
 A charter school must adhere to the federal and state law under IDEA as by not doing so violates
the federal and state law but also compromises the charter


2) Part B and its accompanying regulations provide the legal framework for ensuring that the
needs of all students with disabilities (including those with learning disabilities) ages 3-21 are
met.
 Each of the accommodations listed in an IEP are there so that he has access to FAPE
under the federal law
 If there is no data to support the running of any of the goals then it does not exist and
therefore the goal was not run with fidelity

3) An IEP is a legally binding document that describes the student’s needs and goals—including the
services, specialized instruction, accommodations, or modifications that must be provided.
 If the above items are not implemented from day one, not conveyed to the gen ed
teacher, this denies the child access to his education / FAPE as the IEP is in place to meet
their specific needs of this child.

4) A school district is out of compliance when it is violating any provision of Section 504 statute or
regulations.
 Section 504 requires recipients to provide to students with disabilities appropriate
educational services designed to meet the individual needs of such students to the same
extent as the needs of students without disabilities are met. An appropriate education
for a student with a disability under the Section 504 regulations could consist of
education in regular classrooms, education in regular classes with supplementary
services, and/or special education and related services.
 Section 504 requires that school districts provide a free appropriate public education
(FAPE) to qualified students in their jurisdictions who have a physical or mental
impairment that substantially limits one or more major life activities.
 When a child has an IEP they also is protected under section 504 to receive FAPE


Never let anyone tell you that they can "cherry pick' your child's accommodations, or that your child's IEP and 504 are optional. Knowing the law will help you the parent advocate with accuracy in the best interest of your child.

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