Can the current school un-enroll my son because they are unable to meet his IEP?

To make a long story short, my son's current school (also a charter school) for the 2018-2019 school year finalized his IEP in January, and then in February said it wasn't working (no progress on his part). After they tried for 2 months to get me to switch schools, I brought an advocate to the last mtg of the year. I now have him on waiting lists for 3 different schools for 2019-2020. We refuse to send him to our neighborhood school, or else I wouldn't be here! I confirmed he is still enrolled in his current school. The sped facilitator for my school district has sent me a summary letter which pretty much states he isn't coming back. My advocate read the letter and interpreted it to mean he will not be on their roster next year.

Can they un-enroll him even though I have not filled out the withdrawal paperwork?

Come August, if he has still not been accepted into one of the three schools, can I send him back to the current school?

I'm not sure that the district is required to send him to a charter school as opposed to sending him to public school. You should work with your advocate on this matter. You may need to consult with an attorney (if your advocate isn't one).

I'll disagree with Zigner here. Charter schools are as subject to IDEA as regular public schools. The charter school can't cherry pick away the students with disabilities. If they persist in trying this, there are attorneys that specialize in this. Often all it takes is the threat of a 504 lawsuit to get these bastards to back down.

flyingron said:

I'll disagree with Zigner here. Charter schools are as subject to IDEA as regular public schools. The charter school can't cherry pick away the students with disabilities. If they persist in trying this, there are attorneys that specialize in this. Often all it takes is the threat of a 504 lawsuit to get these bastards to back down.

Click to expand...

I'm not sure you're right on that. It is my understanding that 504 and IDEA apply at the school district level, not the individual school level. In Colorado, some charter schools are operated by the local school district, and in that case the district may be able to determine a more appropriate school to provide the services that are needed.

In any event, it seems to me that if the current school is truly unable to provide what is needed and another school can do it, the OP's kid is better off there than in the charter school. Parents need to get away from the idea that charter schools or whatever are automatically better for all kids or get attracted by the reputation of a particular school. Instead, look at what the school offers for their kid. If a kid needs special services that one school is well suited to provide, that may well be the best place, even if overall a charter school has a better reputation.

Also, you mentioned a 504 letter. The requirements of 504 and IDEA are different, and its not clear under which provision the OP's kid qualifies.

The school district doesn't get to unilaterally decide, and the crooks who exploit the taxpayer for charter schools certainly do not get to decide. If the charter school is the LRE for the child, that is where the child needs to be. If there are accommodations that need to be made, the school/district is required to make them. Yes, while ADA and IDEA are different laws, they both apply here and the lawyer can decide which of these is the most appropriate for the situation (we don't have the details).

I've got a bit of experience with this. I've had two exceptional students as children and my wife was a special ed teacher.

You can remove the "charter school" aspect from this. As far as either of the acts are concerned. the charter school is considered the same as any other public school in the district.

My son has an IEP, not a 504.

The way it's been explained to me, charter schools (and regular public schools) in the state of Colorado can get away with not accepting students if they can't meet their IEP. The charter school can get out of providing extra support if it causes them financial difficulty. Now, the neighborhood school, on the other hand, has no choice but to accommodate the student; they may also request additional funding or staff to help accommodate these IEPs.

According to the letter from the district sped facilitator, the current school is not the Least Restrictive Environment.

I do not want to send him back to the current school, but I feel like I may not have a choice if he can't be placed elsewhere. I'm just trying to find out if they can legally block me from sending him back.

Apparently, there's also a possibility that I could send my child to a private school or even another school in another district, and the current district would have to pay for it. But now this is getting time-consuming and complicated.

If I threaten to send him back, that just might horrify them enough (LOL) to light a fire under their butts to find an actual, guaranteed placement for him. Unless they can legally un-enroll him.

You may wish to try a 504 depending on what the child's impairment is. The schools don't just get to say "We can't handle this." They are required under both the ADA and IDEA to make reasonable accommodations.

If there's really no way they can accommodate the student given his deficit, they indeed can arrange for private or out-of-district (at no cost to you) placement. Still, if you like his current placement, I'd push for them to adapt the program to accommodate his needs.

Frankly, as I stated before, the districts/schools will say one thing, but will back down with strong parental and possibly legal involvement.