Charter schools and cyber charter schools assume the duty to ensure that a FAPE is
available to a child with a disability in compliance with IDEA and its implementing
regulations in 34 CFR Part 300
(relating to assistance to states for the education
of children with disabilities) and section 504 and its implementing regulations in
34 CFR Part 104
(relating to nondiscrimination on the basis of handicap in programs
and activities receiving federal financial assistance).
The requirements of 34 CFR Part 300
published at 71 FR 46540
-46845 (August 14, 2006), amended at 73 FR 73006
(December 1, 2008) are incorporated by reference, as follows:
(1)34 CFR 300.4-300.8(a) and (c) (relating to act;
assistive technology device; assistive technology service; charter school; and child
with a disability).
consent; core academic subjects; day; business day; school day; educational service
agency; elementary school; equipment; and evaluation).
free appropriate public education; highly qualified special education teachers; and
(relating to individualized education program; and individualized education program
(relating to limited
English proficient; local educational agency; native language; and
34 CFR 300.32
personally identifiable; public agency; related services; scientifically based
research; and secondary school).
(relating to special
34 CFR 300.41
State educational agency; supplementary aids and services; transition services;
universal design; and ward of the state).
(relating to free appropriate public
education (FAPE); and limitation-exception to FAPE for certain ages).
34 CFR 300.104
to residential placement; assistive technology; extended school year services;
nonacademic services; and physical education).
(relating to routine checking of hearing aids and external components of surgically
implanted medical devices; and LRE requirements).
to continuum of alternative placements; placements; and nonacademic
(relating to evaluation).
(relating to placement of children by
parents when FAPE is at issue).
(relating to participation in
(relating to access to instructional
(relating to prohibition on mandatory
34 CFR 300.207
(relating to personnel development).
(relating to purchase of instructional materials; information for SEA; public
information; and records regarding migratory children with disabilities).
(relating to early intervening
to parental consent; and initial evaluations).
(22)34 CFR 300.302-300.307(a)(1)(2) and (b)
(relating to screening for instructional purposes is not evaluation; reevaluations;
evaluation procedures; additional requirements for evaluations and reevaluations;
determination of eligibility; and specific learning disabilities).
(relating to additional group members; determining the existence of a specific
learning disability; observation; and specific documentation for the eligibility
(relating to definition of individualized education program; IEP Team; parent
participation; when IEPs must be in effect; development, review, and revision of
IEP; and private school placement by public agencies).
34 CFR 300.327
(relating to educational placements; and alternative means of meeting
(relating to opportunity to examine records; parent participation in meetings;
independent education evaluation; prior notice by the public agency, content of
notice; procedural safeguards notice; electronic mail; mediation; filing a due
process complaint; and due process complaint).
resolution process; impartial due process hearing; hearing rights; hearing
decisions; finality of decision; appeal; partial review; timelines and convenience
of hearings and reviews; and civil action).
(relating to authority of school personnel; determination of setting; appeal;
placement during appeals; protections for children not determined eligible for
special education and related services; referral to and action by law enforcement
and judicial authorities; change of placement because of disciplinary removals; and
state enforcement mechanisms).
confidentiality; definitions; notice to parents; access rights; record of access;
records on more than one child; list of types and locations of information; fees;
amendment of records at parent request; opportunity for a hearing; result of
hearing; hearing procedures; consent; safeguards; destruction of information; and
requirements of 34 CFR Part 104
are incorporated by reference as follows:
(1) 104.3(f), (h)-(j), (k)(2) and (1) (relating to
discrimination prohibited; assurances required; remedial action; designation of
responsible employee; and notice.
(3)104.10 (relating to effect of state or local
law or other requirements and effect of employment opportunities).
(4)104.11 and 104.12 (relating to discrimination
prohibited; and reasonable accommodation).