If, in the process of making placement decisions, charter schools “counsel” students regarding placement, is this counseling-out?
Determining whether a particular educational environment is the best placement is not discrimination if conducted in an appropriate manner (i.e., by an IEP team) and based on an individual child’s needs. It is part of the process of ensuring that a child with a disability receives a free appropriate public education in the least restrictive environment. Given the unique nature of some charter schools’ programs, not all charter schools are going to be appropriate for all children with disabilities (i.e., children with an official IEP or 504 plan) while meeting the goals and objectives outlined in their charter. However, there is a fine line between discrimination and determining that a particular program may not be an appropriate setting for a child with a particular disability. To ensure that decisions regarding enrollment are 1) made based upon each individual child—as opposed to groups of children with particular disabilities—and 2) made based upon the best interests of the child as
