34 C.F.R. § 300.209

Treatment of charter schools and their students

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(a) Rights of children with disabilities. Children with disabilities who attend public charter schools and their parents retain all rights under this part.

(b) Charter schools that are public schools of the LEA. (1) In carrying out Part B of the Act and these regulations with respect to charter schools that are public schools of the LEA, the LEA must—

(i) Serve children with disabilities attending those charter schools in the same manner as the LEA serves children with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the LEA has a policy or practice of providing such services on the site to its other public schools; and

(ii) Provide funds under Part B of the Act to those charter schools—

(A) On the same basis as the LEA provides funds to the LEA's other public schools, including proportional distribution based on relative enrollment of children with disabilities; and

(B) At the same time as the LEA distributes other Federal funds to the LEA's other public schools, consistent with the State's charter school law.

(2) If the public charter school is a school of an LEA that receives funding under § 300.705 and includes other public schools—

(i) The LEA is responsible for ensuring that the requirements of this part are met, unless State law assigns that responsibility to some other entity; and

(ii) The LEA must meet the requirements of paragraph (b)(1) of this section.

(c) Public charter schools that are LEAs. If the public charter school is an LEA, consistent with § 300.28, that receives funding under § 300.705, that charter school is responsible for ensuring that the requirements of this part are met, unless State law assigns that responsibility to some other entity.

(d) Public charter schools that are not an LEA or a school that is part of an LEA. (1) If the public charter school is not an LEA receiving funding under § 300.705, or a school that is part of an LEA receiving funding under § 300.705, the SEA is responsible for ensuring that the requirements of this part are met.

(2) Paragraph (d)(1) of this section does not preclude a State from assigning initial responsibility for ensuring the requirements of this part are met to another entity. However, the SEA must maintain the ultimate responsibility for ensuring compliance with this part, consistent with § 300.149.

(Approved by the Office of Management and Budget under control number 1820-0600) (Authority: 20 U.S.C. 1413(a)(5))

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2010–2022 · leading case: Velma Olu-Cole v. E.L. Haynes Pub. Charter Sc, 930 F.3d 519 (D.C. Cir. 2019).

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Velma Olu-Cole v. E.L. Haynes Pub. Charter Sc, 930 F.3d 519 (D.C. Cir. 2019). “34 C.F.R. §§ 300.209 , 300.705(a). It should come as no surprise that parents and school officials sometimes disagree over a child's placement or the details of an IEP.”

R.V. v. Rivera, 220 F. Supp. 3d 588 (E.D. Pa. 2016). “3 ; 34 C.F.R. § 300.209 (c). . This Court has jurisdiction of this matter pursuant to Section 1415 of the IDEA which provides that; "Any party aggrieved by the [hearing officer's] findings and decision.”

R.B. Ex Rel. Parent v. Mastery Charter Sch., 762 F. Supp. 2d 745 (E.D. Pa. 2010). “3; see also 34 C.F.R. § 300.209 (c) (“If the public charter school is an LEA, consistent with § 300.”

Charlene R. v. Solomon Charter Sch., 63 F. Supp. 3d 510 (E.D. Pa. 2014). “Under 34 C.F.R. § 300.209 (c), public charter schools that are LEAs are to be held to the same standards as all other LEAs.”

N. F. v. Antioch Unified Sch. Dist. (9th Cir. 2022). “Although public charter schools in California are required to offer students an FAPE, 3 see 34 C.F.R. § 300.209 ; Cal. Educ. Code §§ 47641 , 47646, private institutions generally are not.”

Price v. Commonwealth Charter Academy - Cyber (E.D. Pa. 2020). “3 and citing 34 C.F.R. § 300.209 (c)). This duty includes the obligation to develop and implement “an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

Price v. Commonwealth Charter Academy Cyber Sch. (E.D. Pa. 2021). “3 and citing 34 C.F.R. § 300.209 (c)). Thus, the offer of disenrolling T.”

Moynihan v. The West Chester Area Sch. Dist. (E.D. Pa. 2021). “3 and citing 34 C.F.R. § 300.209 (c)). This duty includes the obligation to develop and implement “an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

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