A Legal Framework for Special Education and Charter Schools

• In Event: Chartering New Territory: Cyber Schools, Charter Schools, and Virtual Special Education—Pitfalls, Obstacles, Dilemmas, and Solutions

Abstract

This presentation will discuss the evolution of IDEA alongside that of charter schools and the technology that has advanced this school reform. The presentation will address the scope of the law and the extent to which services have been enhanced and or have met with complications while attempting to maintain a FAPE for students identified with learning disabilities (Estes, 2004; Fierros & Blomberg, 2005;Rhim & McLaughlin, 2001; Williams, 2007). For charter schools, the federal laws that have most relevance for special education are the Individuals with Disabilities Education Act (IDEA, 2004); the Elementary and Secondary Education Act (ESEA, 2010), Section 504 of the Rehabilitation Act of 1973; and the Americans with Disabilities Amended Act (ADAA, 2010). Children who attend any form of charter school are covered by these laws in the same way as children in any other public school. The dilemma often becomes what does coverage look like and does the use of technology stay within the legal framework of IDEA?
The paper adopts a legal lens to address Rowley and Gaskin and to identify obstacles and successes that provide innovation for charters using technology to deliver special education, instruction and related services. The presentation approaches the question, using a legal theoretical lens that examines contemporary charter practices, in both brick and mortar schools and this intersection with IDEA. Data indicates that violations under IDEA continue to make interesting and at the same time, painstaking new law. The significance of court decisions has wide implications for instruction, delivery, evaluation and assessment of students served under IDEA in both brick and cyber charter schools.

Author

• Kevin M McKenna, Latsha, Davis & McKenna