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Charter school says they don't do LD testing

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sunfall9

Junior Member
What is the name of your state (only U.S. law)? California

I'm paying to have my niece tutored because she is struggling academically. The tutor she has has noted that she believes my niece is dyslexic. The girl's parents went to the school to see about getting her tested. She goes to a charter school where she's homeschooled by computer most of the time, and goes to school one day a week. The school has said they "don't do that" and suggested following up with her pediatrician.

I had thought that all public schools were required to provide support for learning disabilities, and that that included testing. So far, what I'm reading in various state and federal codes seems to at least suggest that's true, but I'm not positive and have limited time to check. What IS clear is that if the parents disagree with the results of a school-funded test, they can have a separate expert test at the school's expense. It's also pretty clear that charter schools are governed by the same rules as public schools.

Am I wrong in this? Or is the teacher providing misinformation? I'm following a few more angles on this, but I really could use an answer fast. If push comes to shove, I will personally pay for the assessment, to get this child the help she needs. She's a teenager already, so there's not that much time left to fix this.
 


I'mTheFather

Senior Member
Schools aren't generally required to test for learning disabilities just because a parent makes a request. They are required to evaluate the child to determine if testing is needed.
 

Zigner

Senior Member, Non-Attorney
Schools aren't generally required to test for learning disabilities just because a parent makes a request. They are required to evaluate the child to determine if testing is needed.
Actually, that's not true. The school district is required to do a full evaluation/assessment upon the request of the parent. It must be a comprehensive evaluation, which would include assessments in all areas (not just that of the suspected disability.) That means "tests."

See http://www.disabilityrightsca.org/pubs/504001Ch02.pdf for more information - particularly items 10 & 11.


As an aside, I encourage this parent to press this issue. On of my big regrets for my kids was when my older son was in 1st grade and I requested that he be tested for special education services. I was told by the school counselor, point blank, "No, he's too smart. He won't be found eligible." Not only was hers a blatantly illegal response to the request, but she was wrong too. I failed to follow up for several years until a problem with another child of mine caused me to dig much deeper in to the law and realize that I needed to push the issue.
 

CdwJava

Senior Member
The SCHOOL may not conduct the testing, but the district must. The problem is that charter schools tend to fall into a different orbit and are often not part of a school district. By themselves, these charter schools lack the resources for such an evaluation so they may be unaware of their requirements. The parents in this instance may have to seek assistance from the County Office of Education to find the correct path in this process.

In theory, charter schools have to move forward with the assessment as would a typical public school. However, due to the smaller size and - sometimes - lower support resources, the charter school may try to punt on the issue. Ultimately, the parent may have to withdraw the child from the charter school program in order to receive whatever accommodation might be needed. Also, keep in mind that a medical condition does not qualify as a disability pursuant to section 504.

For a summary of information specific to charter schools, I found this link helpful:

http://www.ccsa.org/2010/11/charter-schools-and-special-education-frequently-asked-questions-and-answers-for-families.html
 

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