Students With Disabilities in Charter Schools
Charter schools have become a hot topic across the country, with the number of charters exploding in recent years. In the two decades since they were first established, charter schools have become a key part of the public education landscape. By 2008, more than 1 million students were enrolled in public charter schools—representing about 3 percent of the total population of students in U.S. public schools.16 Though many American students are now enrolled in public charter schools, there has been growing concern about how students with disabilities are served in the charter school environment. As more and more parents consider charter schools as an alternative to noncharter public schools for their children with special needs, special education in charters deserves a critical look. In this info brief, we examine the challenges and successes of special education in charter schools, including issues related to enrollment, legal identity, infrastructure, school choice, and virtual charters.
Challenges
While reports of discrimination, underenrollment, and "counseling out" of students with disabilities are alarming, researchers have found that many of the challenges related to special education in charters stem instead from a lack of knowledge, funding, preparation, or capacity.2,7 Charter schools may face several unique challenges when it comes to providing special education, including the following:
Enrollment of students with disabilities
Legal identity of charter schools
Special education infrastructure
Relative newness of charters
School choice vs. least restrictive environment regulations
Enrollment of Students With Disabilities in Charters
Critics of charter schools have argued that charters enroll students with disabilities less frequently than public schools, particularly when it comes to students with more severe disabilities, who may be more difficult or costly to educate.1, 2, 7 These criticisms are supported by anecdotal research suggesting that some charters had "counseled out" students with disabilities—that is, they had discouraged parents and caregivers of students with more severe special needs from enrolling in their school, suggesting that the school was not prepared to meet those needs.1, 2, 5 Adding to the controversy surrounding charters and students with special needs, comparisons of charters with noncharter public schools often highlight considerable segregation, with low-income students, English language learners, and students with special needs enrolled at lower percentages in charters.2
Confusion Over Legal Identity of Charters
Legal identity has presented a significant challenge for many charters when determining where and how to provide special education services. Depending on state law, a charter may be considered a separate local education agency (LEA), or it may be considered "linked" to an existing LEA. The degree of linkage with an existing LEA means that charters may occasionally share responsibility for special education with an LEA or may be solely responsible for service provision.1, 9, 12 These partnerships and allocations of responsibility can vary widely among states, and even within states. Confusion about who is legally responsible and required to provide specific services can mean that students with special needs do not get the services they need.
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Source: http://www.ldonline.org/article/43436/
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