Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

CHARTER SCHOOLS

Disclaimer: Letters issued prior to Dec. 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to Aug. 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.

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Letter to Dr. Paul Ban
September 26, 2005
Topic: Charter Schools
Letter regarding the requirements of Part B of IDEA that are applicable to public charter schools under Hawaii's unitary school system.
download files MS Word (46K) | PDF (243K)

Letter to Ms. Mary Ellen Simonson
June 3, 2005
Topic: Charter Schools
Letter regarding the Department's audit determination that for-profit charter schools are not eligible to receive funds under IDEA or Title I Part A of the Elementary and Secondary Education Act.
download files MS Word (33K) | PDF (280K)

Letter to Dr. Susan Barnes
December 18, 2003
Topic: Charter Schools
Letter clarifying that the IDEA statute and its corresponding regulations do not make any exceptions to the requirements under 20 U.S.C. 1412(a)(1) and 20 U.S.C. 1412(a)(3)-(6) when a student is provided an education through information and communication technologies (e.g., via the Internet, teleconferencing, or tele-video conferencing).
download files MS Word (24K) | PDF (68K)

Letter to Mr. David Nordyke
November 10, 2003
Topic: Charter Schools
Letter clarifying that issues regarding a state's public school funding formula, including state funding of special education and related services, are matters to be resolved at the state level, as long as the provisions of the IDEA are met.
download files MS Word (36K) | PDF (151K)

Letter to Mr. Lawrence C. Gloeckler
August 8, 2003
Topic: Charter Schools
Letter regarding the status of charter schools under New York law for the purposes of Part B of the IDEA and requesting clarification on how the state is ensuring that the requirements for charter schools under the IDEA are being met.
download files MS Word (27K) | PDF (136K)

Letter to Ms. Debra Farmer
April 4, 2003
Topic: Charter Schools
Letter clarifying the state's obligations, under its unitary school system and parental choice programs, to provide a FAPE to students with disabilities whose parents choose to place them in a charter school.
download files MS Word (29K) | PDF (163K)

Letter to Honorable George Coleman
February 12, 2002
Topic: Charter Schools
Letter regarding the categories of charter schools, the eligibility of charter schools for federal funds, and the responsibilities of charter schools under Part B of IDEA.
download files MS Word (47K) | PDF (183K)

Redacted letter
July 20, 2000
Topic: Charter Schools
Letter regarding the status of charter schools established as local educational agencies (LEAs) in the District of Columbia, a jurisdiction that performs both state and local functions, and the procedural safeguards available to parents of children with disabilities who attend these charter schools.
download files MS Word (26K) | PDF (361K)

Letter to Marlyn Langley
April 20, 2000
Topic: Charter Schools
Letter clarifying the basis under which an SEA can distribute sliver grants and set-aside funds to charter schools that are established as LEAs.
download files MS Word (26K) | PDF (361K)

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Last Modified: 02/19/2008