Helping clients with special education cases Lawyer Manual

Children eligible for special education are protected by both federal and state law. These laws apply to children attending public schools; however, the public school district may also be responsible for providing specific services, often “related services” such as speech or occupational therapy, for qualified children attending private schools. For special education, charter schools should be treated as public schools, and all of the federal and state provisions apply. However, depending on each school’s charter, the school may function as a public school under the authority of the local district or as its public school district. The identity of the charter school’s district or local educational agency (“LEA”) as it is referred to under the law, matters when filing for due process as this is the entity that gets named as the respondent in the complaint. 23 Illinois Administrative Code §226.60.