 |
Introduction
Charter schools must abide by federal special education laws and regulations because they are part of the public education system. However, the way this gets carried out in practice differs widely due to many factors, the most important of which are a charter school's legal identity and its linkage to a traditional LEA for purposes of special education. Familiarity with these concepts is critical to understanding a charter school's level of responsibility for special education.
How is the public education system structured and how do charter schools fit into it?
The elements of the public education system are:- the state education agency (SEA);
- school districts (known in many states under different terms such as school district, parish, or LEAs); and
- schools that are part of an LEA.
(Many states also include intermediate school districts/agencies as part of their system.)An LEA is usually defined as an entity that has responsibility for the education of all children who reside within a designated geographical area of a state. Charter schools do not completely fit into this definition since they are schools of choice and have responsibility only for students who are enrolled in the school. However, the regulations for the Individuals with Disabilities Education Act (IDEA) specifically include charter schools and clearly provide that "Children with disabilities who attend public charter schools and their parents retain all rights under this part" [CFR 34 Sec. 300.209].
The place a charter school occupies in the public education system depends on the charter school's legal identity, usually referred to as a charter school's LEA status. LEA status is assigned by the state charter school law or other state policy that is legally binding. However, status is not always clearly delineated and a charter school's legal status for special education may be different from its legal status for all other matters. Depending on the state in which it is located, an individual charter school may be classified as:- a separate LEA, or
- part of another LEA.
In addition, some states allow charter schools to have either status based on a choice by the charter school or the authorizer who sponsored the school.
Why is charter school legal identity for special education important?
The exact nature of a charter school's identity for purposes of special education is important because, under federal requirements, an LEA has many more programmatic and financial responsibilities than a school that is only a part of an LEA. While the state is ultimately responsible for the education of all its resident children, states delegate responsibility to LEAs, e.g., states typically assign the responsibility to their LEAs for providing a free appropriate public education (FAPE). In addition, LEA status determines how funds for special education will flow to the charter school.
How does a charter school's LEA status impact its operations?
The major effect of a charter school's LEA status is the type of linkage that is mandated or voluntarily established between that charter school and a traditional LEA. In other words, a charter school's legal status is reflected in the way it relates to other LEAs. There are three types of linkage:
- NO LINK: a charter school that is its own LEA has full responsibility for special education and usually has No-Link to another LEA (although a charter could negotiate some working relationship with an LEA if it chooses to do so);
- TOTAL LINK: the charter is considered a part of an LEA and the LEA is responsible for the students with disabilities; and
- PARTIAL LINK: the connection between a charter school and an LEA when there is a required or negotiated connection, e.g., the charter school has responsibility for services, but the child's home LEA carries out evaluation team tasks, or the charter school is responsible for only those services that can be delivered in the school and the LEA resumes responsibility when the child needs more specialized day or residential placement.
What are the indicators of linkage?
Since there may be a considerable amount of variability in the way linkage is enacted in a specific charter school, the types of linkage can be said to fall along a continuum. Often, the specifics of how linkage will work is described in a contract between a charter school and an LEA. The box below provides one way to determine the type of linkage a particular charter school has with a traditional LEA.
|
 | | Note: | The term "LEA" in these items refers to a traditional school district and does not mean a charter school that is its own LEA. | | |
|  | Does the LEA retain responsibility for student evaluations for special education eligibility? | | | | Does the LEA maintain or supervise the IEP team to develop, revise and implement a student's IEP and make placement decisions? | | | | Is the LEA responsible for hiring (or delegating the responsibility for hiring) qualified special education personnel? | | | | Is the LEA responsible for providing (or delegating responsibility for providing) a full continuum of placements? | | | | Do all federal, state and local special education dollars designated for charter schools flow through the LEA? | | | | If in describing your state you answered "yes" to most of these statements, your state is most likely a total-link state. Conversely, if you answered "no" to most of these statements, your state is most likely a no-link state. A mixture of "yes" and "no" responses indicates that your state is most likely a partial-link state. |
 |
Why is linkage important?
Linkage is important because it determines the way that responsibilities for special education evaluation and services will be carried out. While the widest degree of variability occurs in partial-link situations, assignment of responsibility can also vary in total-link and no-link states. Usually, state law is not completely clear about all the details of accountability for special education in charter schools, so the specifics have to be negotiated between the charter school and the LEA. Often, some responsibilities are assigned while other operational elements are not. It is critical for a charter school to arrange in advance and commit to writing as clearly as possible an understanding with the LEA(s) to avoid future problems.
How do charter schools access services from intermediate school districts/agencies?
Many states operate a network of intermediate school districts or agencies that provide a variety of services to schools in their geographic region; including services for students with disabilities. In some states, the intermediate districts/agencies are self-governing entities operated by members while in other states, the districts/agencies are authorized by state statutes and governed by the SEA. Individual state laws govern the relationship between charter schools and intermediate districts but, in general, if a charter school is an independent LEA, it should be able to access the same services provided to other districts by these intermediate entities. Similarly, if a charter school is part of a district, it should be able to obtain the same services that other schools in the district obtain.
|
|
|
Print Version
Email This