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
of 34 CFR Part 300
as published at 71 FR 46540
-46845 (August 14, 2006), amended
at 73 FR 73006
-73029 (December 1, 2008) are incorporated by reference, as
(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).
(relating to free appropriate public education; highly qualified special
education teachers; and homeless children).
(relating to individualized education program; and individualized education
limited English proficient; local educational agency; native language; and
personally identifiable; public agency; related services; scientifically based
research; and secondary school).
34 CFR 300.39
(relating to special education).
(relating to 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).
(relating 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).
(relating to continuum of alternative placements; placements; and nonacademic
(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
(relating to personnel
(relating to purchase of instructional materials; information for SEA; public
information; and records regarding migratory children with
(relating to early intervening
34 CFR 300.300
(relating 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
(relating to additional group members; determining the existence of a specific
learning disability; observation; and specific documentation for the
(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).
(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).
34 CFR 300.510
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).
34 CFR 300.610
(relating to 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 children's rights).
The requirements of 34 CFR Part 104
incorporated by reference as follows:
104.3(f), (h)-(j), (k)(2) and (1) (relating to definitions).
(2)104.4-104.8, regarding discrimination
prohibited; assurances required; remedial action; designation of responsible
employee; and notice.
(relating to effect of state or local law or other requirements and effect of
(4)104.11 and 104.12 (relating to
discrimination prohibited; and reasonable accommodation).