Jennifer: Can a charter school deny admission to a child with an IEP? On their application it has an area to check whether they have a 504 or IEP. I was called and they said they could not service my child. After all that I have read up on, it looks like this would be discrimination.
I am the Special Education Director for a public charter school. We are our own district and follow all the same rules as other public schools. If the charter school you are looking into is public, they can not deny admission to a child with an IEP.
My understanding is that they can deny admission for an IEP or 504. They are not governed by the same laws as public schools.
Our local charter schools accept IEP students but once they get their funding then suspend or expel them so they come back to the local public school.By January many of the students are ejected. They ask about IEPs on the entrance application.
A child is going to preschool at a charter school. Teacher notices delays and recommends to parent to take child to local school district for screening and possible evaluation. Is the charter school not responsible to do the screening and evaluation or is this the local school district’s responsibility?
The federal Office for Civil Rights says no. Schools are not to ask about a disability until the child is accepted. You can find info from OCR at: https://findit.ed.gov/search?utf8=%E2%9C%93&affiliate=ed.gov&query=charter+schools+and+504
Thank you for the link!
Mr. Chuck is absolutely right! In California we must assess and hold an IEP within 30 days in order to determine appropriate placement. A parent would have the right to due process for any suspension that did not address Manifestation Determination.