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(4.64) Do students enrolled in charter schools have special education rights?

(4.64) Do students enrolled in charter schools have special education rights?

Yes. Children with disabilities who attend public charter schools have all special education rights available under federal and state law. Charter schools, which must comply with all federal and state special education procedures and requirements, may be organized in these ways:

  1. if the charter school is part of a local district, the district is responsible for providing special education and related services to all eligible students;
  2. if the charter school is its own district, the charter school is responsible for providing special education and must follow all federal and state procedures and statutes; 
  3. if it is its own district, the charter school may contract with school districts or service providers to obtain and provide services designated in the IEP; or
  4. if it is neither a public school nor its own district, the State is responsible for ensuring that the charter school meets all special education requirements. [34 C.F.R. Sec. 300.209; Cal. Ed. Code Sec. 47646.]