Feds Warn Charters On Special Education

Charter schools must provide special education services and ensure that students with disabilities are not discriminated against just like traditional public schools, federal education officials say.

In a “Dear Colleague” letter issued Wednesday, the U.S. Department of Education said that charters have the same obligations as regular public schools to comply with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act in addition to other federal civil rights laws. Such responsibilities are the same whether or not charters receive federal funding, the Education Department guidance indicates.

Specifically, students with disabilities are entitled to a free, appropriate public education and should not be discriminated against in the admissions process or in regard to discipline. Charters must also provide related services to students with disabilities and guarantee that such children have “equal opportunity” to participate in extracurricular activities, the guidance said.

“Every student with a disability enrolled in a public school, including a public charter school, must be provided a free appropriate public education — that is, regular or special education and related aids and services that are designed to meet his or her individual educational needs as adequately as the needs of students without disabilities are met,” wrote Catherine E. Lhamon, assistant secretary for civil rights at the Department of Education, in the letter.

Read more of Shaun Heasley's Disability Scoop article HERE.

California's Annual State Application for 2013

From the California Department of Education

California's Annual State Application for 2013Annual State Application under Part B of the Individuals with Disabilities Education Act (IDEA) is to be submitted by May 10, 2013, for federal fiscal year (FFY) 2013.

The California Department of Education (CDE), Special Education Division, completed its application for FFY 2013 federal funding under the Individuals with Disabilities Education Act (IDEA), as Amended in 2004, Public Law 108-446.

The state application is available for at least 60 days and public written comment will be accepted for at least 30 days prior to submission to the U.S. Department of Education, Office of Special Education Programs (OSEP). Written comments will be accepted between March 1 and March 31, 2013.

The IDEA, as amended in 2004, changed the content for the state’s application. The state plan or description of current policy is replaced with a series of assurances, certifications of federal policies as detailed by the Education Department General Administrative Regulations (EDGAR). In addition, the state application is now a chart indicating the allocation of federal funds, a list identifying any rule, regulation, or policy that is state-imposed (not required by IDEA or Federal regulations) and, a new section, Maintenance of State Financial Support. The state must now provide the total amount of State financial support made available for special education and related services for children with disabilities by the most recent two State fiscal years. OSEP requires the state to follow this application process for funding.

Section I - Submission Statement for Part B of IDEA and Section II - Assurances Related to Policies and Procedures(DOC; Posted 01-Feb-2013)
The state makes the assurances that it has policies and procedures in place as required by IDEA.

Section III - Description of Use of Funds Part B of IDEA (DOC; Posted 01-Feb-2013) and Excel Interactive Spreadsheet(XLS; Posted 26-Jul-2012)
The estimate of how the state intends to utilize these funds. The final FFY 2013 allocation will be available after the California Legislature passes, and the Governor approves, the 2013-14 state budget. Until that time, the FFY 2012 Use of Funds Part B of IDEA is provided.

Section IV - State Administration (Posted 01-Feb-2013)
List of state statutes, regulations, or policies that are state-imposed and are not required by the IDEA of 2004 or federal regulations.

Section V - Maintenance of State Financial Support (DOC; Posted 01-Feb-2013)
The state must now provide the total amount of State financial support made available for special education and related services for children with disabilities by the most recent two State fiscal years (e.g. 2010-11 and 2011-12). These amounts will be provided here when they become available.

Questions: Janet Digmon | jdigmon@cde.ca.gov | 916-327-4217

Read HERE.