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California Education Law Blog

CHARTER SCHOOLS AND SPECIAL EDUCATION

Over the past several years, more and more students are enrolling in charter schools. This has brought up many complex legal issues that parents are forced to navigate through, especially when their child requires special education supports and services.  In a nutshell, charter schools are considered to be their own Local Educational Agency (LEA).  An LEA is a common way to refer to a school district. Since charter schools are considered to be their own LEA, they are responsible for providing their students with appropriate supports and services as required under federal and state law. In fact, charter schools cannot deny admission to students on the basis of disability. Charter schools are also required to seek and find children with known or suspected disabilities and to conduct comprehensive assessments upon them so that their unique needs are appropriately addressed, and they are properly identified as a student requiring an Individualized Education Program (IEP). 

CAN PARENTS REQUEST A SCHOOL DISTRICT TO USE SPECIFIC METHODOLOGIES FOR THEIR CHILD WITH DYSLEXIA?

Hawaii - $10.25 Million Settlement Reached for Compensatory Services and Legal Fees.

E.R.K., by his legal guardian R.K., R.T.D., through his parents R.D. and M.D.; HAWAII DISABILITY RIGHTS CENTER, in a representative capacity on behalf of its clients and all others similarly situated, Plaintiffs, v. DEPARTMENT OF EDUCATION, State of Hawaii, Defendant
U.S. District Court, Hawaii
10-00436
December 8, 2017

Order Approving Settlement for Class Members

WHEREAS: This class action was filed, pursuant to FRCP 23(b)(2) in 2010 seeking to establish that the Defendant DEPARTMENT OF EDUCATION, State of Hawai'i ("HIDOE") was violating federal law by failing to provide special education and related services to students who were eligible for special education and related services until the later of (a) the date they earned a regular diploma, or, (b) age 22.

Ramona SMITH, Plaintiff, v. CHEYENNE MOUNTAIN SCHOOL DISTRICT 12 and COLORADO DEPARTMENT OF EDUCATION, Defendants

71 IDELR 185

Fry v. Napoleon Community Schools - United States Supreme Court (2017)

FRY ET VIR, AS NEXT FRIENDS OF MINOR E. F. v. NAPOLEON COMMUNITY SCHOOLS ET AL., United States Supreme Court

SPECIAL EDUCATION ELIGIBILITY - EMOTIONAL DISTURBANCE

Under the 2006 IDEA Part B regulations, 34 CFR 300.8 (c)(4)(i), Emotional Disturbance is specifically defined as "a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:

WHAT IS THE DIFFERENCE BETWEEN SERVICE ANIMALS & EMOTIONAL SUPPORT ANIMALS?

Under Title II of the Americans With Disabilities Act (ADA), a Service Animal is defined as, "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability" (28 CFR 35.104.). However, within Title II, Emotional Support Animals are specifically excluded from the definition of Service Animal as follows: "The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition."

IS A SCHOOL DISTRICT REQUIRED TO INFORM PARENTS OF SPECIFIC TESTS BEING USED WHEN EVALUATING OR REEVALUATING THEIR CHILD?

A common question that parents ask is whether a school district must provide them prior notice of the specific tests that will be administered to their child. IDEA regulations under 34 CFR 300.503, require that school districts must provide written notice to parents that include in part:

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