Education

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Private / Charter Schools

What are your rights if you choose to place your child with a disability in a private or charter school? Your child will be covered for limited services under the Individuals with Disabilities Education Act (IDEA) if attending a private school but will be covered completely in a charter school. Your child may also qualify for accommodations and modifications in the classoom under Section 504 of the Rehabilitation Act if the school receives federal funding.

The Center for Infants and Children with Special Needs at Cincinnati Children's Hospital Medical Center provides information and resources to help families find information on private and charter schools.

Private Schools | Charter Schools | Resources

Private Schools

If you choose to have your child attend a private or nonpublic school, you still have certain rights guaranteed under the IDEA:

If you or the school suspect a disability, your child can be evaluated through an evaluation process conducted by the school district where the nonpublic school is located (this may not be the school district where you live).
If your child is found eligible for special education services, the school district must offer a free appropriate public education (FAPE) through the development of an IEP. However, your child must be enrolled in your public school in order to receive the special education and related services detailed on the IEP.
If you choose to have your child continue to attend the nonpublic school, the public school district in which the nonpublic school is located consults to develop a services plan for your child. However, services can vary greatly among nonpublic schools. Your child does not have the right to receive the same special education and related services that would be available through the IEP in the public school. You will have to sign a form indicating that you understand that you are declining the services and supports being offered in your public school, at this time.

If the nonpublic school receives federal financial assistance, your child may receive services under Section 504 if there is a physical or mental impairment which substantially limits one or more major life activities. Section 504 covers a wide range of disabilities including emotional or mental illness, ADD / ADHD, orthopedic conditions, epilepsy, diabetes, cancer, organic brain syndrome, learning disabilities and mental retardation. Accommodations and modifications can be provided through the development of a 504 Plan. Some reasonable accommodations can include preferential seating, additional time for assignments and tests, modified workbooks and textbooks, tape recorders, computers, notes, audiovisual equipment, oral testing, extra set of textbooks for home, additional rest and bathroom breaks, organizational strategies, communication systems, behavior modification plans and breaking assignments down into manageable parts.

Charter Schools

Charter or community schools are state-funded public schools that operate outside of the traditional public school system. They may not discriminate in their student selection, charge tuition or ignore laws relating to health, safety and civil rights. What makes them different from traditional public schools is that they have fewer rules and regulations to follow in such areas as curriculum, grade levels and length of school year. However, they must follow all state and federal laws related to special education, including IDEA and Section 504. Charter schools must provide a free appropriate public education including the development of an IEP or 504 Plan to eligible students.