Public Charter Schools and Students with Disabilities

Charter schools are a relatively new component of the public education system in the United States. At the start of the 2000-2001 school year, 37 states in the United States had adopted legislation permitting charter schools, and over 2,000 charter schools were in operation with approximately 500,000 students. This digest examines the unique nature of these schools, explains their obligations in relation to serving students with disabilities, and presents the results of current research on special education in charter schools.

What are Charter Schools?

A charter school is most often described as a new or converted public school founded by parents, teachers, or others, and operated with various levels of autonomy from state or local rules or policies. Charter schools are selected by parents for their children to attend, so they are considered "schools of choice." Each charter school has a written charter or contract issued by an authorizing body in accordance with state law. However, because each state law is different, it is impossible to give a uniform definition of charter schools or to generalize about details of their operation.

Do Charter Schools Serve Students With Disabilities?

Although public charter schools are afforded some level of exemption from state or local laws or requirements, they must conform to all federal laws and regulations including the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). A charter school is prohibited by law from discriminating in admissions and must accept every student who applies or hold a lottery if there are more applicants than the school can accommodate. Recruitment and admissions are addressed in a set of questions and answers regarding the application of federal civil rights laws to public charter schools published by the U. S. Department of Education's Office of Civil Rights (2000).

What are Some of the Issues Related to Special Education in Public and Charter Schools?

The legal identity of the charter school under state law largely determines the specific responsibilities it has for its students with disabilities. There are two extremes: the charter school may be its own separate district, usually referred to as a local education agency (LEA); or the charter school may be one of the schools of a traditional district. There are also charter schools that have ties with LEAs that fall between these two extremes. If the charter school is its own LEA, it is responsible for all aspects of special education including evaluations, programs, and related services. By contrast, in some states, the LEA of the child's residence is responsible for special education for all its students even if they attend charter schools operated independently from the district.

Thus, there are profound legal, financial, and operational implications in the legal identity of a public charter school. It is critical that charter schools understand the nature of their linkage with the local district and/or intermediate unit, especially with respect to their responsibilities for providing a free appropriate public education to children with disabilities.