A 9th Circuit appellate court has ruled in N.F. by Flyte v. Antioch Unified School District that a local school district does not have an obligation to develop an IEP for a student with disabilities if they are enrolled in a public charter school. The appellate court panel found that while school districts typically do bear the burden of providing a Free and Appropriate Public Education (“FAPE”) to students, public charter schools act as their own Local Education Agencies (“LEA”), and therefore adopt the responsibility for providing a FAPE when it enrolled a student with disabilities.
June 2022
