Special Education and Charter Schools Texas Education Agency TEA | Division of Federal and State Education Policy 20131

Charter Schools: Legal Responsibility to Special Education Charter schools are public schools and, as such, cannot waive their responsibilities under federal laws. They must comply with all federal education laws including the Individuals with Disabilities Education Act (IDEA), Section 504 of the Vocational Rehabilitation Act of 1973 (“Section 504”) and Title II of the Americans with Disabilities Act (ADA). 2

Federal Laws Relevant to Special Education in Charter Schools IDEA: Individual with Disabilities Education ActNCLB: No Child Left BehindSection 504: Civil Rights LawADA: Americans with Disabilities ActFERPA: The Family Education Rights and Privacy Act TEA | Division of Federal and State Education Policy 20133

Federal Laws: IDEA   The Individuals with Disabilities Education Act (IDEA) and its regulations specifically include charter schools: “Children with disabilities who attend public charter schools and their parents retain all rights under this part [34 CFR Sec ].” TEA | Division of Federal and State Education Policy 20134

The Basic Requirements of IDEA If a child qualifies under the IDEA, the school is required to provide a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). This is accomplished through the Admission, Review, and Dismissal (ARD) committee’s development of an Individualized Education Program (IEP), and the school’s implementation of the IEP. As demonstrated by the TEA Model IEP Form accessed at: an IEP must include: Measurable annual goals, How the child will be included in state and district assessments, and How the child will access the general education curriculum in order to meet the state standards TEA | Division of Federal and State Education Policy 20135

The Basic Requirements of IDEA FAPE: Students with disabilities are entitled to a free appropriate public education. LRE: Least restrictive environment refers to placement in a setting that meets individual needs while removing children as little as possible from the regular classroom. Continuum of placements refers to options ranging from full time placement in the regular classroom to full time placement in special education. TEA | Division of Federal and State Education Policy 20136

The Basic Requirements of IDEA Zero Reject: All children are given an equal education opportunity to enroll Children may not be denied enrollment on the basis of a disability Students cannot be turned away or counseled out from enrollment Due Process and Parental Involvement: Procedural safeguards protect the rights of children with disabilities and their parents, as well as adult students with disabilities. Parents must be involved in the IEP process and consent to the initial placement/ services. Parents have a right to request a due process hearing if they disagree with the school’s recommendations. The law allows for a continuum of dispute resolution processes including complaints investigation, mediation, and due process hearings. Nondiscriminatory Evaluation: There are specific legal requirements concerning the evaluation of children for special education services. It is important to understand these and follow necessary procedures to ensure appropriate identification of students with disabilities. TEA | Division of Federal and State Education Policy 20137

The Basic Requirements of IDEA Right to Revoke Consent Parents now have the right to revoke their consent for the continued provision of special education and related services to their child at any time after the initial provision of special education and related services. A parent’s revocation of consent must be in writing. Once the school receives the written revocation, it must honor the decision. Prior written notice must be given at least five school days in advance of discontinuing services. The parents’ right to terminate their child’s IEP services is not subject to challenge in a due hearing process or mediation.. TEA | Division of Federal and State Education Policy 20138

Many parts of NCLB are particularly relevant to students with disabilities. The most relevant to all public schools are: Resources for accountability requirements related to assessment: ARD manual: ARD Committee Decision-Making Process for the Texas Assessment Program Accommodations Manual s/ s/ Highly Qualified Teachers Special Education teachers in charter schools must meet highly qualified teacher requirements. TEA | Division of Federal and State Education Policy 20139

Section 504 and ADA: Students with Disabilities Attending Charter Schools Section 504: Civil Rights Law Prohibits discrimination solely on the basis of disability to public and private programs and activities that receive federal financial assistance Children who attend charter schools are covered by these civil rights laws in the same way as children in any other public school There are no funds available as part of Section 504 IDEA funds may not be used to serve children who are in Section 504 Americans with Disabilities Act (ADA): Civil Rights Law Prohibits discrimination based on disability in a local or state government service/ entities (public schools) whether or not they receive federal funds Dyslexia May not qualify for special education and related services under IDEA May receive protection from discrimination under ADA and Section 504 of the Rehabilitation Act Reasonable accommodations and modifications may be received IEP is not developed to provide for a child’s unique needs TEA | Division of Federal and State Education Policy

FERPA and Students with Disabilities Attending Charter Schools   The Family Education Rights and Privacy Act (FERPA) is a federal statute with two purposes: To ensure that parents have access to their children's educational records To protect the privacy rights of parents and children by limiting access to these records without parental consent.   FERPA applies to all agencies and institutions that receive federal funds, including elementary and secondary schools, colleges, and universities TEA | Division of Federal and State Education Policy

TEA | Division of Federal and State Education Policy 2013 State Law Charter Schools 12

Legislative Overview IDEA Individuals with Disabilities Education Act (Federal Law) CFR Code of Federal Regulations TEC Texas Education Code TAC Texas Administrative Code State Board of Education Rules Commissioner’s Rules US Congress House/Senate OSEP SBOE Texas Legislature House/Senate TEA TEA | Division of Federal and State Education Policy

Texas Rules and Regulations Relevant to Special Education in Charter Schools   Texas Education Code (TEC) Educational Code Chapter 29. Educational Programs Subchapter A Section   Texas Administrative Code (TAC) State Board of Education Rule Chapter 89. Adaptations for Special Populations. Subchapter D. Special Education Services and Settings Commissioner's rules   Chapter 89. Adaptations for Special Populations. Subchapter AA. TEA | Division of Federal and State Education Policy

TEA | Division of Federal and State Education Policy 2013 Day to Day Operations Charter Schools 15

Day to Day Operations: Policies and Procedures Open-Enrollment Charter Schools must provide Policies and Procedures and Assurances Polices and Procedures are consistent with state policies and procedures governing special education Assurances are provided guaranteeing that policies and procedures are in effect TEA | Division of Federal and State Education Policy

Day to Day Operations: Policies and Procedures (cont) The Special Education Assurance document is NOT Policies and Procedures. Charter schools are expected to access the Legal Framework-Phase IV in developing policies and procedures. Contact Regional ESC or Region 18 for assistance. This procedure allows the state to ensure consistency of policies and procedures with federal special education requirements. TEA | Division of Federal and State Education Policy

Day to Day Operations: Certified Professionals All special education and related service personnel “... shall be certified, endorsed, or licensed.. in the areas of assignment.” The IDEA special education teacher qualifications: requirements are outlined in the 2004 IDEA Regulations: 34 CRF § Highly qualified special education teachers. TEA | Division of Federal and State Education Policy

Day to Day Operations: Capacity to Provide Special Education At a minimum, capacity includes: Maintain the ability to develop & implement all IEPs; Refer students with a suspected disability to special education (Child Find); Conduct evaluations (Full and Individual Evaluation- FIE); and Provide special education and related services for all eligible students (continuum of service options, including homebound, for all 13 eligible categories). Don’t forget LRE and FAPE TEA | Division of Federal and State Education Policy

Day to Day Operations: Capacity to Provide Special Education Child Find Schools are required to identify, locate, and evaluate all children with disabilities who are in need of special education and related services (34 CFR Sec ). Applies to students enrolled in charter schools or who have contacted the school regarding child find. TEA | Division of Federal and State Education Policy

Day to Day Operations: Capacity to Provide Special Education Child Find- Early Childhood Intervention (ECI) Child find is a collaborative effort between ECI (Part C) and TEA (Part B) and the two systems have overlapping responsibilities in this area. 3 is 3 Rule applies for children referred from ECI to any charter school with approved PK grade level and currently serving a three-year- old PK program. TEA | Division of Federal and State Education Policy

Day to Day Operations: Capacity to Provide Special Education Discipline: Positive Behavior Interventions and Supports (PBIS): The Code of Conduct generally applies to students with disabilities Schools may remove students from current placement for 10 days or fewer if they violate the Code of Conduct; removals totaling more than 10 consecutive days or removals that constitute a pattern of removal ( ) are considered a change of placement. Manifestation Determination Review (MDR) Within ten school days of any decision to change the placement of a child with a disability due to a violation of the code of conduct, the ARD committee must meet and conduct an MDR to determine whether the conduct was a manifestation of the child’s disability. Special Circumstances Weapons Illegal drugs Inflicted bodily injury TEA | Division of Federal and State Education Policy

Day to Day Operations: Capacity to Provide Special Education Transfer Students Options Available Upon Enrollment: The school must, in consultation with the parents, provide a FAPE (including comparable services) to transfer students eligible for special education services until: for a student transferring within the state, the ARDC either adopts the previous IEP or develops, adopts, and implements a new one; or for a student transferring from another state, the student is evaluated, if necessary, and a new IEP is developed, adopted, and implemented, if appropriate. In either case, this must be done within 30 days after the student is verified as eligible for special education services. TEA | Division of Federal and State Education Policy

Day to Day Operations: Additional Requirements Accessibility Buildings General Curriculum Extra Curricular Activities Instructional Materials: National Instructional Materials Accessibility Standard (NIMAS): Computer Programs, Virtual Programs, & Websites TEA | Division of Federal and State Education Policy

Day to Day Operations: Additional Requirements cont.   Dyslexia Section 504: TEA/ Division of Curriculum Dyslexia Handbook: Education Code § Texas Administrative Code §74.28 Schools must ensure that procedures for identifying a student with dyslexia and provide appropriate instructional services TEA | Division of Federal and State Education Policy

Day to Day Operations: State Performance Plan (SPP) Data Collection   All charter schools are required to report timely, valid, and accurate data for the indicators in the SPP. Data are used to measure a district’s performance on SPP indicators, including compliance indicators 11,12, and 13.   Data Source: AEIS, PEIMS, AYP Data Collection requiring electronic submission through TEASE SPP 7, 11&12, 13, and 14 TEA | Division of Federal and State Education Policy

Regional Education Service Centers (ESCs) First Point of Contact for Technical Assistance and Training: ESC Regional Special Education Contacts TEA | Division of Federal and State Education Policy

Regional Education Service Centers (ESCs) TEA | Division of Federal and State Education Policy

Special Education Related Resources   Federal and State Education Policy (Special Education Programs, Complaints, Deaf Services)   Texas Project FIRST Created by parents, for parents...this web site is a project of the Texas Education Agency and is committed to providing accurate and consistent information to parents & families of students with disabilities   Legal Framework This framework is a template in electronic format that summarizes state and federal requirements for special education by topic. TEA | Division of Federal and State Education Policy

Credits: Primer for Charter Schools   Several parts of information provided for this powerpoint were taken from a document that is part of a set of materials entitled Primers on Special Education in Charter Schools.   The set also includes documents targeted to a particular audience: Authorizers, Operators, and State Officials.   They are designed to provide information and guidance to all those involved with charter schools. The Primers are part of a website that also contains other resources relevant to special education in charter schools.   The website address is:   NASDSE (National Association of State Directors of Special Education) 1800 Diagonal Road, Suite 320 Alexandria, Virginia Phone Fax TDD Default.aspx TEA | Division of Federal and State Education Policy