Denver’s Charter School System Can Be Complex to Navigate.
Denver families face a vital question when choosing education for their child with a disability. So, parents of a child with a disability must be fully aware of their child’s rights under the Individuals with Disabilities Education Act (IDEA) if they attend a charter school in Denver.
This can be a highly complex legal area where the maze of federal laws meets the unique structure of Colorado’s charter school system. Our highly experienced disability lawyers understand that, as a parent, your primary concern is ensuring your child receives a quality education that meets all of their unique needs.
At Roeschke Law, LLC, we understand the stress and confusion that come with navigating the special education system. You deserve clear, straightforward answers. We are here to assure you that your child does not lose their federal special education rights by enrolling in a Denver charter school. The IDEA and Colorado’s state law, the Exceptional Children’s Educational Act (ECEA), are still in place to protect them when used professionally. Our firm is prepared to go the extra mile, standing with you for better and for worse, to ensure those rights are upheld.
The Federal and State Framework: IDEA and ECEA
All public schools in Denver, whether traditional or charter, must comply with two critical laws: the federal Individuals with Disabilities Education Act (IDEA) and the state’s Exceptional Children’s Educational Act (ECEA). These laws work together to protect students with disabilities.
The core promise of both laws is the right to a Free Appropriate Public Education (FAPE). FAPE means that your child has the right to special education and related services that are specifically designed to meet their needs. This must allow the child to receive an educational benefit.
The second core concept is the Least Restrictive Environment (LRE).
This means the school must educate your child with non-disabled students to the maximum extent that’s appropriate. Special classes or separate schooling should only occur when the nature or severity of your child’s disability prevents education in the general classroom, even with supplementary aids and services.
Charter Schools are Public Schools, Not Private Waivers.
A common misunderstanding in Denver is that charter schools, due to their operational flexibility, are exempt from special education laws. This is simply not true. Colorado Revised Statutes (C.R.S.) 22-30.5-104(3)(a) explicitly states that a charter school is subject to all federal and state laws prohibiting discrimination based on disability and need for special education services.
A charter school cannot turn your child away or discourage enrollment (often referred to as “counseling out”) solely because they have an existing Individualized Education Program (IEP) or a disability. They cannot claim a lack of necessary resources as a reason for denial. If you believe this has occurred, it may constitute a clear violation of both Colorado and Federal law.
The Administrative Unit (AU) and Responsibility in Denver
In Colorado, the responsibility for administering special education services falls to the Administrative Unit (AU).
- For most Denver charter schools, the AU is the local school district, such as Denver Public Schools (DPS), if the charter is a “district charter school.”
- For other charters, the AU might be the Colorado Charter School Institute (CSI) if they are an “institute charter school.”
- Sometimes, multiple charter schools form a Charter School Network or Collaborative that functions as an AU.
The AU has the ultimate responsibility to ensure FAPE is provided. This means that if a Denver charter school fails to implement your child’s IEP, the AU, whether it is DPS, CSI, or a collaborative, is also responsible for correcting the failure.
The Charter School’s Specific and Strict Duties.
While the AU provides oversight, the charter school itself has specific duties it must adhere to for the students it enrolls, such as:
- Child Find: The charter school must actively locate, identify, and evaluate all children suspected of having a disability who need special education services. This is a mandatory and continuous process.
- IEP Development and Implementation: The charter school staff are responsible for collaborating with you to develop and then fully implement the Individualized Education Program (IEP) for eligible students. They must provide the special education and related services specified in that legal document.
- Disciplinary Protections: The charter school must follow all IDEA and ECEA procedural safeguards for discipline, including conducting a Manifestation Determination Review (MDR) if a disciplinary removal exceeds 10 days.
If My Rights are Violated: Your Options Under Colorado Law.
Even with these clear laws in place, parents in Denver sometimes face challenges. Schools may fall short in implementing IEPs, fail to provide necessary services, or deny required legally mandated evaluations. When this happens, Colorado provides specific pathways for parents to resolve disputes:
Some of these ways are:
- IEP Meeting or Informal Resolution: The first step is often to request an immediate IEP meeting to discuss and attempt to resolve the issue directly with the charter school and the AU.
- Mediation: A voluntary and confidential process where a neutral, trained mediator helps the parents and the school reach a mutually agreeable solution. Colorado offers this service at no cost to families.
- State Complaint: You can file a formal complaint with the Colorado Department of Education (CDE). The CDE investigates to determine if the charter school or AU violated the IDEA or ECEA, and it can order corrective action.
- Due Process Complaint: This is a more formal, court-like proceeding. It involves presenting evidence before an Administrative Law Judge (ALJ) who issues a legally binding decision.
We know that taking on a school or a large district like DPS can feel overwhelming, but you do not have to do it alone; nor should you. Our skilled and passionate disability lawyers are set up to win these battles, and our entire team is always on your side.
Our Firm Provides a Compassionate and Caring Yet Aggressive Approach for Denver Families.
When a Denver charter school fails to provide the educational services your child is entitled to, you need a legal partner who is as caring and empathetic as they are tenacious. We know that a child’s education is not something to compromise on, and for better and worse, we are all in.
The deeply empathetic disability lawyers at Roeschke Law are thoroughly experienced in dissecting the interplay between federal special education law, the IDEA, and Colorado’s specific statutes.
We leverage this knowledge to protect your child’s right to a FAPE in Denver, whether you are near the busy I-25 corridor or out toward the foothills. Our detailed understanding of the procedures for both district and institute charter schools provides an accurate and professional legal advantage.
If you are struggling to ensure your Denver charter school is fulfilling its special education duties, reach out to us. We offer a complimentary consultation to discuss your child’s situation and explore your legal options. Call us today at (720) 796 -9971 (click to call) to get an experienced and compassionate team fighting for your family.
