Legal Briefs from Matt Cohen
The following are past questions and answers from Matt Cohen on this topic.
What happens if your child needs summer classes, but their charter school does not provide them?
My youngest son has a central auditory processing disorder and a visual processing disorder. He currently has an IEP and is receiving services from his school. I am concerned about the potential of him regressing over the summer. I have discussed my concerns with his special education teacher and while she's not as concerned about the potential of regressing as I am, I don't want to chance my son needing additional services come fall.
If the charter school my son currently attends does not offer summer school classes which address the IEP objectives, can my son receive services at the neighboring public school? Would I need to submit a copy of my son's IEP to the school in order for him to receive remedial assistance over the summer?
The legal status of charter schools varies from state to state. In some instances, they are related to the local public school system, while in others they function as independent units. If the charter school is part of the public school system and your son requires extended school year services, the district would have an obligation to address this, regardless of whether the particular school offered ESY services. Many school systems offer ESY in centralized locations, rather than at every school.
However, if the charter school is independent of the public school district, the charter school may have an obligation to develop and provide an ESY program for your son, even though it doesn't generally provide summer school. The entitlement to ESY is generated by the determination of the IEP team that ESY is necessary. Whether the child attends a charter school or a regular public school, this decision should not be effected by whether the school offers a regular summer school program.
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