"The IDEA does not promise perfect solutions to the vexing problems posed by the existence of learning disabilities in children and adolescents. The Act sets more modest goals; it emphasizes an appropriate rather than ideal, education; it requires an adequate rather than optimal, education."
Marko H. Fong
The Office of Administrative Hearings Special Education Division (OAH) issued a decision on January 28, 2013 in Parents v. Temecula Valley and The Keegan Academy, a case that addresses continuing special education responsibilities for districts that serve as the Local Educational Agency (LEA) for a charter school. Guidance drawn from the ninety-four page decision follows. Please note that while OAH decisions are not binding on other Administrative Law Judges (ALJ), the decisions have significant persuasive authority on future OAH decisions.
Margaret M. Merchat
A number of questions have been posed recently from our clients about the responsibility for special education services to students attending charter schools. This memo is intended to provide a review of the legal duties that the various school agencies have for students with special needs attending a charter school. In reviewing this issue it is important to note that the answer to the issue of responsibility may depend on the nature of the charter school-independent or dependent; whether it is a local educational agency (LEA); and the terms of a memorandum of understanding between the charter school and its authorizing district.