Children Have Rights and Protections in Charter Schools

Charter schools are not private schools, though many people are under the mistaken impression that they are. On the contrary, if you follow lines of accountability and funding, charter schools are one form of public school. They accept and utilize state and federal funds and, with that money, accept the great responsibility to follow state and federal special education laws. As a result, children with special needs have the same educational rights and protections in charter schools as they would have in any other public school, although charter schools can function in a vastly different way from traditional public schools.

While charter schools take public education funds to run their programming, they aren’t bound to do things the way other public schools in their district might be. Instead, each charter school relies on a governing document, a charter, that dictates how the school will run, the population it will serve, and how the funds it accepts will be used.

Despite these distinctions, children have the same right to special education services in charter schools that they do in more traditionally structured public schools. Charter schools must identify, evaluate, and educate children with special needs by creating individualized education plans (IEPs) to ensure that their students get a free and appropriate public education (FAPE). If the school does not provide them with a FAPE, parents have the same methods of redress.

Parents can try to resolve their issues by working their way up the tiers of their local educational agency’s dispute resolution process. That process can take many shapes, both formal and informal. It can start with something as informal as asking for a meeting with your child’s teacher or a school administrator. However, as a parent, you also have the right to escalate if you feel your child is not getting what he/she deserves, such as requesting updated educational evaluations, writing letters to the charter school committee on special education, or even filing due process complaints to vindicate your child’s rights.

If you have questions about how to navigate this process or whether your child is protected under state and federal laws, please contact us.


Jonathan Gottlieb
Partner

195 Montague Street
14th Floor
Brooklyn Heights, NY 11201
Jonathan@GottliebFirm.com
(646) 820-8506