Charter School Not Liable for FAPE When District Retained Full Special Ed Responsibility

A parent filed a due process complaint against Clear Passage Educational Center, a charter school, alleging it denied her autistic son a FAPE during the 2018-2019 school year. The ALJ ruled that Clear Passage was not a local educational agency (LEA) and therefore had no legal obligation to provide special education services — that responsibility belonged entirely to Long Beach Unified School District. All of the student's claims were denied.

What Happened

Student was an 18-year-old young man with autism who enrolled in 11th grade at Clear Passage Educational Center, a charter school authorized by Long Beach Unified School District, on October 3, 2018. Clear Passage was an independent study program designed to serve students at risk of dropping out, offering online coursework and a two-hour daily in-person learning lab. It did not provide direct instruction or employ special education teachers. Student struggled significantly at Clear Passage — he earned only 7.5 credits during the entire school year and experienced serious behavioral incidents, including breaking a window, destroying computers, and self-injurious behaviors involving syringes. Both the school's executive director and Parent acknowledged that Student needed more support than the program could offer.

Parent had previously filed a due process complaint against Long Beach Unified School District (not Clear Passage) in December 2019. That case settled in June 2020, with Long Beach agreeing to provide a new placement, 60 hours of compensatory education, an independent educational evaluation in transition, and attorneys' fees. Student then filed a separate due process complaint in September 2020, this time naming Clear Passage directly, raising claims about the school's failure to provide an appropriate behavior support plan, adequate IEP services, transition planning, and updated behavioral goals during the 2018-2019 school year.

What the ALJ Found

The ALJ ruled entirely in favor of Clear Passage, but not because the school did everything right. The decision turned on a foundational legal question: who was legally responsible for providing Student's special education?

Under California and federal law, charter schools can either become their own local educational agency (LEA) — taking on full responsibility for special education — or remain a school within their chartering district, with the district retaining that responsibility. Long Beach and Clear Passage had signed a Memorandum of Understanding (MOU) explicitly designating Clear Passage as a school within Long Beach Unified, not its own LEA. Under that agreement, Long Beach was solely responsible for all special education services. Clear Passage was only required to cooperate with Long Beach's delivery of those services and provide the general education program.

Because Clear Passage was not an LEA, it had no legal authority — and no legal obligation — to schedule IEP meetings, conduct assessments, fund independent evaluations, or initiate due process proceedings. Long Beach organized and ran Student's IEP meetings, created IEP documents, and offered placement changes. The ALJ found that Clear Passage simply could not be held liable for failures that were entirely within Long Beach's legal domain. The fact that Long Beach had already settled a prior complaint covering the same time period further illustrated that the right party had already been held accountable — just not through this proceeding.

What Was Ordered

All of Student's requests for relief against Clear Passage Educational Center were denied.

Why This Matters for Parents

Know which entity is legally responsible for your child's special education before filing. When your child attends a charter school, the answer is not always obvious. You need to find out whether the charter school is its own LEA or whether it operates as a school within the authorizing district. The district's special education office or the charter school's administration should be able to tell you this — and it determines who you must name in a due process complaint.
An MOU between a charter school and its authorizing district shapes who is responsible for FAPE. These agreements are legal documents that divide responsibility for special education. If the MOU says the district handles all special education, the district — not the charter school — is the party you should hold accountable when things go wrong.
Filing against the wrong party can result in no relief, even if your child was genuinely harmed. In this case, there was substantial evidence that Student received inadequate support. But because Parent named Clear Passage instead of (or in addition to) Long Beach in this second complaint, the ALJ had no choice but to deny all claims. The prior settlement with Long Beach had already closed that door.
If your child is struggling at a charter school, document everything and act quickly. Student's behavioral crises and academic failure were well-documented, and both Parent and school staff agreed more support was needed. Parents in similar situations should request an IEP team meeting in writing as soon as problems emerge — and direct that request to the district, not just the charter school, if the district is the responsible LEA.

What Happened

What the ALJ Found

What Was Ordered

All of Student's requests for relief against Clear Passage Educational Center were denied.

Why This Matters for Parents

Know which entity is legally responsible for your child's special education before filing. When your child attends a charter school, the answer is not always obvious. You need to find out whether the charter school is its own LEA or whether it operates as a school within the authorizing district. The district's special education office or the charter school's administration should be able to tell you this — and it determines who you must name in a due process complaint.
An MOU between a charter school and its authorizing district shapes who is responsible for FAPE. These agreements are legal documents that divide responsibility for special education. If the MOU says the district handles all special education, the district — not the charter school — is the party you should hold accountable when things go wrong.
Filing against the wrong party can result in no relief, even if your child was genuinely harmed. In this case, there was substantial evidence that Student received inadequate support. But because Parent named Clear Passage instead of (or in addition to) Long Beach in this second complaint, the ALJ had no choice but to deny all claims. The prior settlement with Long Beach had already closed that door.
If your child is struggling at a charter school, document everything and act quickly. Student's behavioral crises and academic failure were well-documented, and both Parent and school staff agreed more support was needed. Parents in similar situations should request an IEP team meeting in writing as soon as problems emerge — and direct that request to the district, not just the charter school, if the district is the responsible LEA.