Students with Disabilities in Charter Schools

Legal Cases and Three Dimensions of FAPE

Authors

DOI:

https://doi.org/10.47611/jsr.v13i1.2380

Keywords:

special education, FAPE, charter schools

Abstract

Given the increased enrollment of students with disabilities in charter schools, it is important to examine the special education services provided within these settings. The authors examined charter school court cases from the last twenty years to understand the procedural, substantive, and implementation dimensions of free, appropriate public education (FAPE). The Three Dimensions of FAPE Rubric, based on peer-reviewed literature, was used to code court cases. Nine FAPE components were analyzed: individualized assessment, present levels of academic achievement and functional performance, measurable goals, special education services, monitoring student progress, parent involvement in the individualized education program (IEP), placement decision, IEP team members, and implementation of the IEP. Results indicate that the existing court cases involve multi-faceted decision-making, regardless of who brings the claim.

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Author Biographies

Dr. Angela Tuttle Prince, Iowa State University of Science and Technology

Angela Tuttle Prince is an Associate Professor of Special Education at Iowa State University’s School of Education, where she teaches undergraduate and graduate classes in special education. Her research foci include legal issues in special education, elementary students with behaviour disorders, and postsecondary transition for at-risk students and students with disabilities.

Dr. Jeanne Connelly, Metropolitan State University at Denver

Jeanne Connelly is an Assistant Professor at Metropolitan State University at Denver, Colorado, teaching special education courses related to inclusion practices for children with social-emotional-behavioural differences. As a DisCrit scholar, her research focuses on the intersections of racism, ableism, and notions of goodness within schools.

References or Bibliography

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Cosbert v. Options Public Charter School 116 LRP 13748 (D. D.C., 2012).

Dunn, M. E., Katsiyannis, A., & Ryan, J. B. (2018). Charter schools and students with disabilities: Legal and practice considerations. Intervention in School and Clinic, 53(4), 252-255. https://doi.org/10.1177/1053451217712973

Endrew F. v. Douglas County School District, 137 S. Ct. 988 (2017).

Government Accountability Office. (2012). Charter schools: Additional federal attention needed to help protect access for students with disabilities. Washington, DC: National Alliance for Public Charter Schools.

Individuals with Disabilities Education Improvement Act (IDEA), P. L. 114-38, 20 U.S.C. § 1414 et seq. (2006).

Individuals with Disabilities Education Improvement Act Regulations, 34 C.F.R. §300 et seq. (2012).

National Alliance for Public Charter Schools. (2018). Estimated Charter Public School Enrollment, 2016-17. Retrieved from http://www.publiccharters.org/sites/default/files/migrated/wp-content/uploads/2017/01/EER_Report_V5.pdf

National Center for Education Statistics. (2018). Public Charter School Enrollment. Retrieved from https://nces.ed.gov/programs/coe/indicator_cgb.asp

Pennsylvania Department of Education. (2018). 2017-2018 Cyber and Charter Schools Listing [Data File]. Retrieved from https://www.education.pa.gov/K-12/Charter%20Schools/Pages/default.aspx

Thompson v. Minneapolis School District, 24 IDELR 677 (D. Minn. 1996).

U. S. Department of Education (2017). U.S. Department of Education Awards $253 Million in Grants to Expand Charter Schools.

U.S. Department of Education, Office for Civil Rights. (2016). Frequently Asked Questions about the Rights of Students with Disabilities in Public Charter Schools under Section 504 of the Rehabilitation Act of 1973.

U.S. Department of Education, Office for Civil Rights. (2014). Dear Colleague Letter: Charter Schools.

U.S. Department of Education, Office for Civil Rights. (2010). Free Appropriate Public Education for Students With Disabilities: Requirements Under Section 504 of the Rehabilitation Act of 1973.

Yell, M. L., & Bateman, D. F. (2017). Endrew F. v. Douglas County School District (2017) FAPE and the U.S. Supreme Court. TEACHING Exceptional Children, 50(1), 7–15. https://doi.org/10.1177/0040059917721116

Yell, M., Katsiyannis, A., Ennis, R. P., & Losinski, M. (2013). Avoiding procedural errors in individualized education program development. TEACHING Exceptional Children, 46(1), 56–64. https://doi.org/10.1177/004005991304600107

Yell, M. L., Katsiyannis, A., Ennis, R. P., Losinski, M., & Christle, C. A. (2016). Avoiding substantive errors in individualized education program development. TEACHING Exceptional Children, 49(1), 31–40. https://doi.org/10.1177/0040059916662204

Zirkel, P. A., & Bauer, E. T. (2016). The third dimension of FAPE under the IDEA: IEP implementation. Journal of the National Association of Administrative Law Judiciary, 36(2), 409-427.

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Published

02-29-2024

How to Cite

Tuttle Prince, A., & Connelly, J. (2024). Students with Disabilities in Charter Schools : Legal Cases and Three Dimensions of FAPE. Journal of Student Research, 13(1). https://doi.org/10.47611/jsr.v13i1.2380

Issue

Vol. 13 No. 1 (2024)

Section

Research Articles

Copyright (c) 2024 Dr. Angela Tuttle Prince; Dr. Jeanne Connelly

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