Background on Special Education in Charter Schools

1
Background onSpecial Education inCharter
Schools

• Section 1
• Charter School Legal Statusand Linkage to an LEA

2
Acknowledgements

• This Power Point presentation was prepared for
  use in training related to the Primers on Special
  Education and Charter Schools. The Primers were
  developed by the SPEDTACS Project and funded by
  the U. S. Department of Education.
• The full Primer set can be downloaded from
  www.edgateway.net/specialedprimers
• Further information is available from
  eileen.ahearn_at_nasdse.org
• Permission is granted for use with
  acknowledgement of the source.

3
Legal Framework

• Charter schools as part of the public education
  system must abide by

• Federal special education laws and regulations
• Other federal laws and related policy documents
  and
• State laws and policies (but waivers may be
  available for charter schools).

(Covered in more detail in Section 2)
4
The Public Education System

• Before charter schools, the public education
  system basic structure was

• state education agencies (SEAs)
• school districts (LEAs)
• schools that make up the LEA

Definitions of these terms
5
Legal Identity of a Charter School for Special
Education

• A charter school is either

• a separate LEA, or
• part of another LEA

How a charter school gets its legal status Why
legal identity for special education is important
6
Impact of LEA Status on Charter School Operation

• LEA definition and status shape the design and
  implementation of special education in a charter
  school.
• Legal identity determines who owns ultimate
  responsibility for the charter school child with
  a disability.
• Lack of clarity on these issues characterizes
  most state charter laws.

7
Legal Identity and Linkage

• The concept of linkage between a charter school
  and a non-charter LEA what does it mean?

Types of Linkage

• No Link
• Total Link
• Partial Link

8
Legal Identity and Linkage (contd)

• Variations in possible linkages
• Indicators of linkage
• Importance of understanding LEA status and linkage

9
Background on Special Education in Charter Schools

• Section 2
• Federal Laws Relevant to Special Education in
• Charter Schools

10
Major Federal Legislation Impacting Special
Education In Charter Schools

• Individuals with Disabilities Education Act
  (originallyEHA) reauthorized as IDEA 2004
• Section 504 of the Rehabilitation Act of 1973
• Americans with Disabilities Act
• Family Educational Rights and Privacy Act (FERPA)
• Elementary Secondary Education Act (now known
  asNo Child Left Behind or NCLB)

11
The IDEA

• Overall description of the IDEA
• Basic requirements
• IEP
• FAPE
• LRE
• Due Process
• Highly Qualified Teacher
• Charter-specific provisions
• Monitoring

12
Section 504 and the ADA

• Difference between IDEA 504
• Disabilities covered under 504
• Role of OCR in enforcement
• Facilities requirements

13
FERPA

• Protects the privacy of a students educational
  records
• Rights transfer to the student at age 18 or when
  attending a post-secondary school
• Annual notification required (note LEA status
  issue)
• Family Compliance Policy Office of the ED

14
NCLB

• The extent of this omnibus law
• Most critical to charter schools
  accountability-related provisions on assessment
  and highly qualified teachers (HQT)
• NCLB and students with disabilities unique
  assessment and reporting requirements

15
Notes on Federal Legislation

• Federal laws and reauthorization
• The regulatory process and the importance of
  regulations
• ED enforcement of laws
• Importance of reviewing all relevant laws and
  regulations at the start of planning a charter
  school

16
Charter School Tensions

• Legal requirements v. charter school autonomy
• Parental choice v. team decision-making
• Innovation created through this policy tension

17
When the Law Changes

• IDEA is reauthorized every 5 years and its
  changes will affect special education in charter
  schools
• Importance of other legislative changes affecting
  charter schools
• charter school law (part of NCLB)
• state and local special education laws,
  regulations and guidelines