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Response to antigop (Original post)

Wed Jun 20, 2012, 10:29 AM

2. Disabled enrolment rose in charters, but fell in traditional public schools.

 

That the numbers aren't higher is largely the fault of parents, not the schools.

Parents might not know of the charter schools available to them, or they might buy into the negative propaganda.

In any event, federal law and regulation require public charter schools to accept the disabled.

Enrollment Of Students With Disabilities In Charter Schools

Federal law and regulation prohibit any public school, including charter schools, from denying admission to any student on the basis of a disability, or the nature of or extent of a disability. More specifically, a student with disabilities must be afforded the opportunity to participate in a charter school (Code of Federal Regulations Section 104.4(b)(1)(i); Section 504, Vocational Rehabilitation Act; Title II, Americans with Disabilities Act of 1990; California Government Code Section 11135; California Education Code (EC) Section 220). Further, EC Section 47605(d)(1) states a charter school “shall not discriminate against any pupil on the basis of…disability.” “A charter school shall admit all pupils who wish to attend school” (EC Section 47605(d)(2)(A)) except as provided by those provisions related to a public random drawing. Despite the existence or lack of a program for a student with disabilities at a charter school, enrollment may not be denied (CFR Section 104.4(b)(3); EC Section 47646(a)).

As California public schools, charter schools are subject to Part B of the Individuals with Disabilities Education Act, as amended in 2004 (IDEA). Students with disabilities attending charter schools and their families retain all rights under IDEA (34 CFR Section 300.209(a)). Students with disabilities enrolled in charter schools must receive services in the same manner and to the same extent as other schools (34 CFR Section 300.209(b)(1)(i)). To assure adequate resources, monies apportioned for the purposes of special education must be expended exclusively for special education programs (EC Section 56836.04(b)).

If violations of special education law and regulations are alleged, there can be a request for direct state intervention to investigate the specific allegation(s). This may be accomplished by telephoning the Procedural Safeguards Referral Service Unit at 800-926-0648, or by contacting the unit through the mail at:

Procedural Safeguards Referral Service
Special Education Division
California Department of Education
1430 N Street, Suite 2401
Sacramento, CA 95814-5901

http://www.cde.ca.gov/sp/se/lr/spedinchrtrsch.asp

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Arrow 4 replies Author Time Post
antigop Jun 2012 OP
madrchsod Jun 2012 #1
MichiganVote Jun 2012 #3
LineNew Reply Disabled enrolment rose in charters, but fell in traditional public schools.
NYC_SKP Jun 2012 #2
sulphurdunn Jun 2012 #4
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