Previously on this blog we have warned parents of children with special needs of the importance of exploring the appropriateness of any charter school prior to enrolling their child within that educational environment. While a charter school may end up being a great environment for one child, it may not be appropriate for another child's unique needs. The best advice would be to bring your child's IEP to the prospective charter school prior to enrollment, so as to ensure that your child's placement and program can be appropriately provided for within this environment.
Additional concern regarding charter school has recently come to the forefront in a California Federal Court ruling handed down on June 14, 2013 (Scott B. v. Board of Trustees of Orange County High School of the Arts). This concern revolves around the Due Process protections afforded to charter school students. Traditionally, in order for a public school to expel a student, that student would first have the right to be heard at a Due Process Hearing. Additionally, special education students receive additional protection as the school district must prove that the action leading to the expulsion proceedings was not a manifestation of that child's disability. However, the court ruled in Scott B., that charter schools may unilaterally "dismiss" a student from their school, without affording that student the protections of a Due Process hearing.
While a charter school may indeed end up being an appropriate educational placement for a child, this recent development is just an additional measure to consider before enrolling your child within the charter school environment.
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Navigating the road of special education law can be difficulty and confusing, if you have any questions about your child's special education placement or 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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