| PRIMERS on implementing special education in charter schools |
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State Matrix: Definitions LEGAL STATUS A charter school is either an LEA (local education agency/school district) or part of an LEA. As part of the public education system of a state, a charter school has a specific legal identity that is established by law or state policy. However, the 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. As its own LEA for special education, a charter school has a higher level of responsibility for students with disabilities than a charter school that is part of a traditional LEA that retains some or all of the special education responsibilities for students with disabilities who go to charter schools. Some states have both types either by choice of the charter school or as a function of the type of authorizer. LINKAGE The linkage between a charter school and a traditional LEA is the way the charter’s LEA status is implemented. It can be described along a continuum. 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). At the other end of the continuum, if the charter is considered a part of an LEA and the LEA is responsible for the students with disabilities, the charter school usually has a Total-Link to that LEA (although it may be a Partial-Link if different arrangements are negotiated between the parties). A Partial-Link between a charter and another LEA exists 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. SPECIAL EDUCATION FUNDING FLOW As part of the public school system, charter schools are supported through federal, state and sometimes local education funds. The way state funding for students with disabilities is allocated depends on state law and varies greatly from state to state. The Individuals with Disabilities Education Act (IDEA) provides that charter schools are entitled to federal funding for special education on the same basis as other schools in the state. Thus, the way that charter schools receive their IDEA funds depends on the charter’s legal status in the public education system of the state. COMMENTS Additional comments are offered to clarify the information in the preceding columns or to make a point about the charter schools in the state that may have impact on special education implementation in the charter schools of that state. |