On December 28, 2016, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released a Guidance Package developed to provide parents and the charter school community with information about the rights of charter school students with disabilities. Students with disabilities who are enrolled in public charter schools similar to students with disabilities enrolled in public elementary or secondary schools have important rights under Section 504 of the Rehabilitation Act of 1973 (Section 504) and Individuals with Disabilities Education Act (IDEA).
The Guidance Package included the following:
- OSEP/OCR Dear Colleague Letter https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201612-504-charter-school.pdf
- Frequently Asked Questions about the Rights of Students with with Disabilities in Public Charter Schools under Section 504 of the Rehabilitation Act of 1973 https://www2.ed.gov/about/offices/list/ocr/docs/dcl-faq-201612-504-charter-school.pdf
- Frequently Asked Questions about the Rights of Students with Disabilities in Public Charter Schools under the Individuals with Disabilities Education Act (IDEA) https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/faq-idea-charter-school.pdf
- Know Your Rights-Students with Disabilities in Charter Schools provides a brief overview of the rights of public charter school student with disabilities and legal obligations under Section 504 and IDEA https://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201612-504-charter-school.pdf
The Know Your Rights documents is an excellent resource that will help you understand the rights of students with disabilities under Section 504 & IDEA.
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