Charter School Illegally Tried to Push Out a Student With Disabilities, ALJ Orders Major Remedies

A 12-year-old student with ADHD and a specific learning disability in writing attended Community Roots Academy Charter School, which repeatedly tried to place him in a program in a different school district — requiring him to disenroll — rather than meeting its own legal obligations. The charter school also cut his school day in half, placed him in unsupported independent study, failed to provide promised services, and delayed an assistive technology assessment by 17 months. The ALJ found the charter school denied the student a FAPE on nearly every issue and ordered over 100 hours of compensatory services, mandatory staff training, and reporting to the California Department of Education.

What Happened

The student was a 12-year-old seventh grader with attention deficit hyperactivity disorder (ADHD) and a specific learning disability affecting writing. He attended Community Roots Academy Charter School, an independent charter school in Orange County that operated its own special education program under the law. The student was bright — earning high grades in most subjects — but struggled with writing, attention, and occasional behavior problems that were largely confined to his English class, including sometimes leaving the classroom without permission. Rather than address these challenges with appropriate supports, the school's leadership systematically dismantled the student's program: cutting his school day in half, eliminating his behavior services, banishing him from campus during lunch and recess, and placing him in unsupported online independent study courses he could not access because of his writing disability.

When the school decided he needed a more restrictive setting, administrators offered him placement in a special day class located in a completely different school district — Capistrano Unified — and told his mother he would need to disenroll from the charter school to attend. There was no contract between the charter school and Capistrano Unified, and the Executive Director of Special Education at Capistrano Unified testified that no such placement process existed and that the charter school had never successfully placed a single student there. The charter school's executive director and special education staff were found to have a serious misunderstanding of special education law, and their testimony was repeatedly contradicted by documentary evidence and more credible witnesses. The ALJ found that the school denied the student a free appropriate public education (FAPE) on seven of eight issues raised.

What the District Did Wrong

Illegal Out-of-District Placement Offer. Community Roots Academy repeatedly offered placement in a program operated by Capistrano Unified School District — a separate local educational agency — in IEPs dated May 1, 2020, November 20, 2020, December 9, 2020, and January 15, 2021. The school had no contract with Capistrano Unified, no ability to implement this placement, and the placement would have required the student to disenroll from the charter school. State law expressly prohibits charter schools from encouraging or requiring a student to disenroll. As a charter LEA, Community Roots Academy was legally required to provide a continuum of placements itself, or contract with a nonpublic school or agency — not dump the student into another district.
Inadequate Behavior Intervention Services and Failure to Consider LRE. The school offered no appropriate behavior intervention services in the 2020–2021 IEPs, and the only placement offered was a highly restrictive out-of-district special day class for students with severe emotional and behavioral disorders — far more restrictive than appropriate for this student, whose behavior problems were limited to a single class. The school never meaningfully explored less restrictive alternatives.
Harmful and Illegal Independent Study Placement. The school unilaterally cut the student's school day in half and placed him in independent study Science and Social Studies courses for the entire 2019–2020 school year without parental consent, without an independent study contract, without IEP supports or accommodations, and without any research basis. The school misrepresented to the mother that independent study was a "regular education" administrative decision, not an IEP decision. Expert witnesses — including the school's own behavior specialists — agreed that reducing a student's school day was not a valid behavior intervention strategy.
Failure to Implement IEPs. The school materially failed to implement multiple IEP services, including: individual counseling was not provided for months; parent counseling did not begin until February 2021, nearly a year after it was required; writing supports and IEP accommodations were never shared with the independent study provider; and IEP services and behavior intervention plans were not implemented during school field trips, preventing the student from participating in a January 2020 overnight trip and a spring 2020 class trip.
17-Month Delay in Assistive Technology Assessment. The school failed to timely assess the student for assistive technology, completing the assessment 17 months late and never convening an IEP team meeting to review results before the hearing.
Withholding School Records. Despite multiple requests from the mother and the student's attorney beginning in September 2019 and continuing through February 2021, the school failed to provide behavior data, behavior incident reports, counseling logs, and other records that were fundamental to the family's ability to participate in IEP decisions.
Blocking Parental Participation. The school's misrepresentations — that independent study was not an IEP matter, that the parent needed to sign a records release for Capistrano Unified to review records, that the charter school had a "special relationship" allowing direct placement in Capistrano's program — all significantly impeded the mother's ability to meaningfully participate in decisions about her child's education.

What Was Ordered

20 hours of compensatory behavior intervention services, funded by Community Roots Academy, provided by a nonpublic agency chosen by the parents, to be contracted within 30 days. The family has two years to use the services.
48 hours of compensatory tutoring services, funded by Community Roots Academy, provided by a nonpublic agency chosen by the parents, to be contracted within 30 days. The family has two years to use the services.
13 hours of compensatory individual counseling for the student, funded by Community Roots Academy, provided by a nonpublic agency chosen by the parents, to be contracted within 30 days. The family has two years to use the services.
18 hours of compensatory parent counseling, funded by Community Roots Academy, provided by a nonpublic agency chosen by the parents, to be contracted within 30 days. The family has two years to use the services.
17 hours of compensatory assistive technology or writing services, funded by Community Roots Academy, provided by a nonpublic agency chosen by the parents, to be contracted within 30 days. The family has two years to use the services.
24 hours of mandatory special education training for all directors, administrators, and special education staff at Community Roots Academy, to be delivered by a nonpublic agency or law firm that has not previously worked with the school, completed by December 31, 2021.
Community Roots Academy must send a copy of this decision to the California Department of Education's Charter Schools Division and to the El Dorado Charter SELPA within 30 days.
The student's claim that the school denied him a FAPE by blocking his expert from observing him and interviewing teachers was denied — the expert was allowed to observe, and she testified that she obtained sufficient information to complete a valid evaluation even without teacher interviews.

Why This Matters for Parents

Charter schools have the same special education obligations as regular school districts — and cannot farm your child out to another district. If your child attends a charter school that is its own local educational agency, it must provide your child with a full continuum of special education options itself, or contract with a nonpublic school or nonpublic agency. A charter school cannot tell you that your child needs to leave and enroll in a neighboring district. If a school suggests this, ask immediately whether a formal contract exists — and consult an advocate or attorney.
Reducing your child's school day or placing them in independent study is an IEP decision, not an administrative one. Schools sometimes tell parents that a shortened schedule or independent study is a "general education" decision they can make on their own. That is not true for students with IEPs. Any change to where or how much your child is educated must go through the IEP team, be documented, require your consent, and include all necessary supports and accommodations. If a school presents this as a take-it-or-leave-it administrative choice, push back and request an IEP meeting.
You have the right to your child's school records — and withholding them is a FAPE violation. Behavior data, incident reports, counseling logs, and any records used to justify a more restrictive placement must be provided to you on request. If a school is not sharing data that supports a significant placement decision, that is a red flag. Put your record requests in writing and keep copies of all correspondence.
Verify independently that any promised placement actually exists and can be implemented. In this case, the school's executive director made repeated representations about a "special relationship" with another district that turned out to be entirely fabricated. Before agreeing to or rejecting any placement offer, you can contact the proposed program directly to confirm they have a seat for your child, what their process is, and whether any contract with your child's current school exists.
Compensatory education can cover services that were promised but never delivered — even years later. If your child's IEP promised counseling, behavior support, writing help, or other services that were never actually provided, you may be entitled to make-up services. Keep a log of missed or late services, including dates and who you contacted. This documentation becomes critical if you ever need to file a complaint or request a due process hearing.

What Happened

What the District Did Wrong

Illegal Out-of-District Placement Offer. Community Roots Academy repeatedly offered placement in a program operated by Capistrano Unified School District — a separate local educational agency — in IEPs dated May 1, 2020, November 20, 2020, December 9, 2020, and January 15, 2021. The school had no contract with Capistrano Unified, no ability to implement this placement, and the placement would have required the student to disenroll from the charter school. State law expressly prohibits charter schools from encouraging or requiring a student to disenroll. As a charter LEA, Community Roots Academy was legally required to provide a continuum of placements itself, or contract with a nonpublic school or agency — not dump the student into another district.
Inadequate Behavior Intervention Services and Failure to Consider LRE. The school offered no appropriate behavior intervention services in the 2020–2021 IEPs, and the only placement offered was a highly restrictive out-of-district special day class for students with severe emotional and behavioral disorders — far more restrictive than appropriate for this student, whose behavior problems were limited to a single class. The school never meaningfully explored less restrictive alternatives.
Harmful and Illegal Independent Study Placement. The school unilaterally cut the student's school day in half and placed him in independent study Science and Social Studies courses for the entire 2019–2020 school year without parental consent, without an independent study contract, without IEP supports or accommodations, and without any research basis. The school misrepresented to the mother that independent study was a "regular education" administrative decision, not an IEP decision. Expert witnesses — including the school's own behavior specialists — agreed that reducing a student's school day was not a valid behavior intervention strategy.
Failure to Implement IEPs. The school materially failed to implement multiple IEP services, including: individual counseling was not provided for months; parent counseling did not begin until February 2021, nearly a year after it was required; writing supports and IEP accommodations were never shared with the independent study provider; and IEP services and behavior intervention plans were not implemented during school field trips, preventing the student from participating in a January 2020 overnight trip and a spring 2020 class trip.
17-Month Delay in Assistive Technology Assessment. The school failed to timely assess the student for assistive technology, completing the assessment 17 months late and never convening an IEP team meeting to review results before the hearing.
Withholding School Records. Despite multiple requests from the mother and the student's attorney beginning in September 2019 and continuing through February 2021, the school failed to provide behavior data, behavior incident reports, counseling logs, and other records that were fundamental to the family's ability to participate in IEP decisions.
Blocking Parental Participation. The school's misrepresentations — that independent study was not an IEP matter, that the parent needed to sign a records release for Capistrano Unified to review records, that the charter school had a "special relationship" allowing direct placement in Capistrano's program — all significantly impeded the mother's ability to meaningfully participate in decisions about her child's education.

What Was Ordered

20 hours of compensatory behavior intervention services, funded by Community Roots Academy, provided by a nonpublic agency chosen by the parents, to be contracted within 30 days. The family has two years to use the services.
48 hours of compensatory tutoring services, funded by Community Roots Academy, provided by a nonpublic agency chosen by the parents, to be contracted within 30 days. The family has two years to use the services.
13 hours of compensatory individual counseling for the student, funded by Community Roots Academy, provided by a nonpublic agency chosen by the parents, to be contracted within 30 days. The family has two years to use the services.
18 hours of compensatory parent counseling, funded by Community Roots Academy, provided by a nonpublic agency chosen by the parents, to be contracted within 30 days. The family has two years to use the services.
17 hours of compensatory assistive technology or writing services, funded by Community Roots Academy, provided by a nonpublic agency chosen by the parents, to be contracted within 30 days. The family has two years to use the services.
24 hours of mandatory special education training for all directors, administrators, and special education staff at Community Roots Academy, to be delivered by a nonpublic agency or law firm that has not previously worked with the school, completed by December 31, 2021.
Community Roots Academy must send a copy of this decision to the California Department of Education's Charter Schools Division and to the El Dorado Charter SELPA within 30 days.
The student's claim that the school denied him a FAPE by blocking his expert from observing him and interviewing teachers was denied — the expert was allowed to observe, and she testified that she obtained sufficient information to complete a valid evaluation even without teacher interviews.

Why This Matters for Parents

Charter schools have the same special education obligations as regular school districts — and cannot farm your child out to another district. If your child attends a charter school that is its own local educational agency, it must provide your child with a full continuum of special education options itself, or contract with a nonpublic school or nonpublic agency. A charter school cannot tell you that your child needs to leave and enroll in a neighboring district. If a school suggests this, ask immediately whether a formal contract exists — and consult an advocate or attorney.
Reducing your child's school day or placing them in independent study is an IEP decision, not an administrative one. Schools sometimes tell parents that a shortened schedule or independent study is a "general education" decision they can make on their own. That is not true for students with IEPs. Any change to where or how much your child is educated must go through the IEP team, be documented, require your consent, and include all necessary supports and accommodations. If a school presents this as a take-it-or-leave-it administrative choice, push back and request an IEP meeting.
You have the right to your child's school records — and withholding them is a FAPE violation. Behavior data, incident reports, counseling logs, and any records used to justify a more restrictive placement must be provided to you on request. If a school is not sharing data that supports a significant placement decision, that is a red flag. Put your record requests in writing and keep copies of all correspondence.
Verify independently that any promised placement actually exists and can be implemented. In this case, the school's executive director made repeated representations about a "special relationship" with another district that turned out to be entirely fabricated. Before agreeing to or rejecting any placement offer, you can contact the proposed program directly to confirm they have a seat for your child, what their process is, and whether any contract with your child's current school exists.
Compensatory education can cover services that were promised but never delivered — even years later. If your child's IEP promised counseling, behavior support, writing help, or other services that were never actually provided, you may be entitled to make-up services. Keep a log of missed or late services, including dates and who you contacted. This documentation becomes critical if you ever need to file a complaint or request a due process hearing.