2.4.3 Practical Tips

Students are entitled to the same substantive rights and procedural protections under both the IDEA and Section 504 regardless of whether they attend a charter school or a traditional public school. All charter schools, like traditional public schools, must follow state and federal laws regarding special education.1  Charter schools must also follow state school discipline law. However, each charter school, like each traditional school district, is responsible for creating its own discipline policies and procedures that are compliant with state law. 

When representing a student in an education matter, it is important to determine as a threshold issue whether the student attends a charter school or traditional public school. This will have a direct impact on who the LEA—the legally responsible entity (i.e., the entity that would be named in any complaint)—is.2  If the student attends a traditional public school, the LEA is the school district. However, if the student attends a charter school, then the charter school (or rather the CMO that runs the charter) is most likely the LEA. 

Sometimes determining who the LEA is requires determining the type of charter school and its exact contractual relationship with its authorizer. In Type I and Type III charter schools, which are authorized by the local school district, the authorizing school district may remain the LEA for special education purposes. However, this can look differently depending on the exact terms of the charter contract. Some charters may opt to provide the special education services themselves, some may opt to let the district provide the services, and some may take a mixed approach with the charter providing some special education services and the district providing others. For example, the authorizing school district may be responsible for special education evaluations and related services such as speech therapy or occupational therapy, while the charter school is responsible for providing special education instruction through the employment of special education teachers.3  Legally this can get complicated, and may require interacting with both the charter school (and its legal counsel) and the authorizing school district (and its legal counsel) and may possibly have to file a complaint against both parties when resorting to formal dispute resolution

• 1One notable area of difference, however, is that Louisiana laws and regulations exempt charter schools from certification requirements for teachers of special education students. See La. R.S. 17:3996; La. Bulletin 1706 §§ 156(C), 905 (defining Highly Qualified Special Education Teacher).
• 2Local Education Agency is defined in La. R.S. 17:1942 and in section 905 of Louisiana Bulletin 1706.
• 3It may be necessary to request the charter contract through a Public Records Request to determine the exact nature of the relationship.