Unique Schools, Unique Students, Unique Laws Meeting the Unique Needs of Students With Disabilities In Your Charter School Unique Schools, Unique Students, Unique Laws and (sometimes) Painfully Unique Parents Presented by: Lisa A. Corr, Esq. lcorr@mycharterlaw.com

OVERVIEW Introduction Goals Ounce of Prevention Improve Issue Spotting Skills Provide Ideas for Systematic Change Limit Disruption/Liabilities Disclaimers Real Problems are Fact Specific & Complex Cookie-Cutting can be Dangerous Keep Your Questions Hypothetical

THE BASICS What is this so called Mega-Waiver?? Education Code Section 47610: Charter Schools shall comply with the Charter Schools Act but are otherwise EXEMPT FROM THE LAWS GOVERNING SCHOOL DISTRICTS (with a few exceptions) 3

THE BASICS No Discrimination: Charter Schools Are Schools Of Choice And Must Enroll All Students Who Seek To Enroll And May Not Discriminate On The Basis Of Disability (Education Code Section 47605(d)) 4

THE BASICS Child Find: Charter Schools Have An Affirmative Obligation To Seek-out, Assess, Identify, And Provide A Free Appropriate Public Education To All Enrolled Students With Disabilities In The Least Restrictive Environment. 5

THE BASICS There Is No One Size Fits All: Each Student Is Unique. Each Individualized Education Program And Section 504 Plan Is Unique. 6

THE BASICS Know Your Role: The Role Of Each Charter School In Special Education Compliance Depends Upon Whether It Serves As An LEA And A Member Of A SELPA Or Whether It Is A Public School Of Its Authorizer For Special Education Purposes. 7

AVOIDING LIABILITY – TOP 5! If The Question Starts With, “Do We Have To…” The Answer Is Almost Always, “Yes.” Do we have to enroll this student with the IEP/504 Plan? Do we have to enroll this student when the parent was not honest about his/her having an IEP/504 Plan? Do we have to implement the incoming student’s IEP/504 Plan * *We know you are thinking, “for the love of all that is holy, tell us how we are supposed to do that in our charter school.” Oh, don’t you worry, we will. 8

AVOIDING LIABILITY – TOP 5! Enrolling Mid-Year – Education Code Section 56325: Obligations change based upon where the student was enrolled prior to enrolling in the charter school: From within the SELPA Outside of the SELPA but within the State From out of State 9

AVOIDING LIABILITY – TOP 5! Enrolling In between School Terms: Must have an IEP offering FAPE to begin the school year. Implement the last agreed upon and implemented IEP Convene an IEP meeting and offer FAPE prior to beginning the school year *what happens if parent disagrees? *who has the responsibility to pay if the placement is outside the charter school? 10

AVOIDING LIABILITY – TOP 5! Find Your Students With Disabilities. Ask Appropriate Child-Find Questions in Registration Materials – then check them! Train personnel to identify new or different needs that may require assessment and/or accommodation/services. 11

AVOIDING LIABILITY – TOP 5! 3. Document Your Offer of FAPE in the LRE Use the notes to demonstrate that the offer is reasonably calculated to provide an educational benefit in the least restrictive environment. Use goals to ensure the educational program is appropriately ambitious in light of his or her circumstances. 12

AVOIDING LIABILITY – TOP 5! 4. Prepare Your People For Implementation Schedule Time With Each Teacher and Staff Member and Service Provider to Review IEPs and 504 Plans to Ensure that Everyone is Aware of Their Responsibilities for Implementation and Have Them Sign Acknowledging Their Review. Provide Teachers With an Easy Way and Consistent Tools to Document Implementation/ Concerns and Communicate Concerns to Administration. 13

AVOIDING LIABILITY – TOP 5! 5. Notice of Disenrollment Always Notify the District of Residence When a Student Dis-Enrolls or Fails to Show Up at the Beginning of a School Year. 14

AVOIDING LIABILITY – TOP 5! Bonus Round: Advocate for the CHILD Always File for due process as required by law. Communicate carefully and formally Focus on the child not the parent. 15