How can my son get IEP from charter schools?

Question

My son is in the first grade and I suspect him of having dyslexia. The charter school which I tried to enroll my son to would rather hold him back a grade due to his test scores. They said that he is not within there school district, therefore they won't offer him testing for IEP. The school said he has to get tested within his school district. Can a school accept you but not offer the testing for IEP??? My son has already been held back in kindergarten and that didn't help. I want him to get the help that he needs.What should I do?? I want him to go to this school becuase he went to this school before, and his siblings goes here.

Answer 1

you can still have him tested by his 'home' school district even though he goes to the charter school......

Write a letter to your city special education department

My ffirst grade son, ______, is demonstating academic difficulties.  I am requesting an evaluation through a district child study team.

they have 20 days to respond

Charter schools in my area don't necessarily provide child study team services, but they do provide special education

Answer 2

A charter school does not function under the same state and federal rules that public schools are required to follow.  If a student comes in with an IEP they do not have to follow it, and they are not required to evaluate students for exceptional education.

You can still have your child evaluated through the school district, but the charter school does not have to honor the IEP that may result from the evaluation.

If he needs services such as speech or occupational therapy the district will provide them (you may need to provide transportation to another school, or  a therapist may come to his school) and the charter school itself does not have to provide services.

If your son has special needs he may need to attend a public school to get the services he requires in a setting where he will thrive.  Don't be so hung up on the school just because his siblings went there.  Each child is different and has different needs and you need to do whatever is best for this one based on him, not his siblings.

Answer 3

You'll want to check your state's laws regarding charter schools.  My answer to you is based on the law in California.  If you're in another state, there may be some other state-level regulations that I'd have to research in order to answer your question better, but here's the deal based on what I believe to be the general scope of Charter Schools and Special Ed.  Charter schools, at least in California, are public schools.  They are NOT exempt from complying with special education law.  The relevant federal legislation is the Individuals with Disabilities Education Improvement Act (IDEIA) of 2004, which is the reauthorization of the Individuals with Disabilities Education Act (IDEA).  These days, most people still refer to it as the IDEA.

Whatever regulations apply to your regular school districts apply to public charter schools.  Unlike other kinds of bureaucracy that charter schools are exempt from, they are not exempt from the federal mandates of the IDEA.  Further, failure to provide a Free and Appropriate Public Education (FAPE) to an eligible child with a disability is to discriminate based on handicapping condition.  Discrimination based on handicapping condition is a violation of both Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA).  These are civil rights violations.

In California, there are two ways for charter schools to provide special education services to their eligible students.  Whichever option a charter school has selected is spelled out in its chartering documents.  A charter school is either a school within its chartering district for the purposes of special education or it is a local education agency (LEA) for the purposes of special education.   If it is the former, the district that granted the school's charter is responsible for assessing and serving your child, presuming your child is found eligible for special education once assessed.  If it is the latter, the charter school is for all practical purposes a stand-alone entity just like a school district and is responsible for providing all of its own special education services and programming, which means that it has to get dialed in with your local Special Education Local Plan Area (SELPA) to get its share of special education funding (which is altogether different from the general funding that public schools get).

In either event, so long as you make a written request for assessment to your child's school, it is the charter school's obligation to make sure the proper procedures are followed.  If it is a school within the district for the purposes of special education, the charter school would then contact its chartering district's special education department to get the referral going.  If it is an LEA for the purposes of special education, the charter school would then need to contact its own special education staff or contracted special education providers to keep things moving along.

If your charter school is a public school and is telling you that it has no obligation to assess your child, one of two things is happening here:  1) either they have no idea what they are talking about and honestly think they are not responsible for assessing and serving their students with special needs, or 2) they just don't want to pay for it and are being disengenuous in their responses to you in the hopes that you'll just go away and pursue answers elsewhere.

Answer 4

as far as getting the help he needs I would defently recommend somewhere like accidemics plus or sylvan learning center I went to accedmics plus when I was and it was magfincent, as far as getting him an iep you should be able get him tested in his home school district then have the schools talk about it

Answer 5

No a school can not just say no to an IEP. You need to call the board of education. My son is in or an IEP. I wish they would tell me that i could not have one. Try getting your son DR. in on it to see that he can do. Do not let the run over you . Let them know that this is your child and you are going to fight for what he needs. This follows under the equal oppertunity act for all children to get there education in any form that may help him. DO NOT LET THEM RULE YOU THIS IS YOU CHILD! You call the shots!

Answer 6

This doesn't sound right to me.  I think that you need to ask to see the policy of the school on assessing students with learning disabilities and/or ADHD.

It is very expensive to test students and put them on an IEP, so many schools avoid it. You should also contact the school district you are in and ask them about their policy and how it relates to the charter schools, if it even does.

Every situation is very different, so you need to arm yourself with as much information as possible. Holding back a student due to lack of progression should qualify him for testing to see if there is an issue.

If the charter school is receiving public dollars, not private tuition out of your pocket, they may be required to comply with ADA and IDEA federal regulations.

Without knowing the situation, it is difficult to offer advice, but holding back a child is serious and if they receive public funding, you most likely have recourse.

Some schools try to put parents off by telling them that testing isn't necessary. In my expereince, the squeaky wheel gets the oil.

Also, if the school is publicly funded, you can request, in writing, to have your child tested and the school has 30 days to respond to your request and their answer must be in writing. However, charter schools may be different. That one is tricky. You should investigate that. That's how it works in most states and I THINK, not quite sure, that this may be part of federal law. All of the laws are confusing and hard to keep track of.

Keep in mind that testing is usually initiated based on discrepancy between performance and potential. If you feel your son could achieve if he had better or specialized support in reading, then go for it and advocate for him until you are blue in the face.

Like I said, I don't know the details, so this is as specific as I can get. Do some research and DON'T threaten the school with lawsuits or anything like that. You need them to be on your son's side. Be courteous, but firm.

Hope that helps.

Answer 7

Charter schools are not required to give your son testing.  They are correct in saying seek that from the school system. They are not required to implement an IEP either.   You may need to state that you will enroll him in public schools to complete the testing over the summer.  Make a phone call to the school system this week, if you want it completed.  They actually have 90 days from the time you request the testing to when it is completed.  (Although, I've learned on here, some states have actually lowered that number to 60 days.)