Originally Posted by Linda on the move
This is not true where I live. Charter schools do not need to accept special needs kids that they cannot accommodate.
Children are entitled to a free an appropriate education in the least restrictive environment possible, but there isn't legal protection to provide it at the parent's choice of schools.
The OPer could search for an Educational Consultant where she lives to help navigate the legal situation.
Did the school give you anything in writing? I find it odd that there hasn't been any process or documentation, just a phone call.
The area we were in it was like this. I interviewed for a few charters and asked them about the Spec.Ed procedures/set ups.
Like public schools, they had to offer Spec.Ed services and could not 'turn away' students.
BUT- like public schools- they could state that they did not have the services to offer them and refer them back to the home district for services (such as a deaf student needed a signing classroom, a student with severe impairments needing a self-contained classroom, a student with a severe behavior disorder that needed a therapudic setting, etc). It would have to be an extreme situation and one that many districts have trouble with. Often students with unique or needs that could only be meet in a specialized setting could be sent to a private or public run classroom/school specific to those needs. Public schools do this and charters did as well. Of course, the home district picked up the cost of these classrooms or even multiple districts pooled together to have a single classroom to meet the needs of specific students ( our county had several county run ASD classrooms and also had specific classrooms geared toward medically fragile kids, etc).
The Charters in our old area actually had a HIGHER percentage of Spec.Ed students per general population- but that population was very transient and the numbers fluctuated wildly throughout the year. It was mostly a population of students that had LD/EI difficulties. The students with EI (emotional impairments) were the most transient of them all and often were referred back to the self-contained classrooms in home districts. That said, we had many many charters in our area for whatever reason- so there were a lot of different styles/options to try--which resulted in many students shifting around until they found one that met their needs ( or did not).
When we looked into moving into a different state, they had privatized their care for students that had emotional disorders and/or ASD.
So different approaches for different areas- but students were offered a free appropriate education.
I would think that if the IEP is written for a preschool classroom, that is where he can legally be placed- though it is not right and stinks of discrimination.... it may be legal, depending on how the IEP is written. If it would have said K classroom, they would have been legally required to follow the IEP with mediation/due process if there was a disagreement.
I would request an IEP and have portions rewritten, especially in light of his growth over the summer.
Make sure you have things in writing, a verbal agreement will not hold up legally. Was there a note/mention in the IEP about the Charter School? If so , that may also carry some weight.