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Choosing a Magnet or Charter School Placement Does Not Mean Losing Your Right to a FAPE

The Individuals with Disabilities Education Act (IDEA) requires all public schools to provide a free appropriate public education (FAPE) to students with disabilities. This means that your child still has the right to services under an Individualized Education Plan (IEP) even if you choose to send him or her to an alternative public school placement.

What is a charter school? A magnet school?

A charter school is still a public school. It's just created differently than a traditional public school, usually for some special purpose like a "shared educational vision." Though charter schools are given freedom under some policies and regulations, as public schools, they must still adhere to the federal IDEA.

Similarly, a magnet school is also a public school that usually focuses on a special area of study, such as math or science, in order to provide specialized courses and more choice for students. It too must follow the disability regulations under the IDEA.

Because both charter and magnet schools are public schools, your child still has the right to services provided within an IEP.

Who is responsible for ensuring special education services are available?

A charter school is legally formed in one of two ways. The first way is independently so it takes the responsibility itself just like any other school district. The second way is by adding the charter school to an already-existing school district, so the district is still responsible. A magnet school is created similar to the second method, added to the school district itself, so the district is responsible and school personnel must ensure that your child's IEP is implemented.

Don't ever let a magnet or charter school tell you that your child's IEP will not be honored.

Contact Our Office

If you have any questions about your child's special education services, Contact us by email or call us at 714-602-1498 or 866-781-7723 (toll free) for more information.

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Augustin Egelsee L.L.P.
8141 East Kaiser Boulevard
Suite 315
Anaheim Hills, CA 92808

Toll Free: 866-781-7723
Phone: 714-602-1498
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