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Abstract

As of the 2013–2014 school year, about 2.5 million school-age students attended charter schools nationwide. Because charter schools are publicly funded entities, they are required to adhere to all federal nondiscriminatory laws as well as the Individuals With Disabilities Education Act. This legal brief provides an overview of charter schools, legal requirements associated with students with disabilities enrolled in charter schools, and recommendations for practice.

Keywords

charter schools IDEA special education

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References

Ahearn

E. M.

(2012). Special education in charter schools: Nuances in implementation. Paper presented at the Building the Capacity of Charter Schools: Effectively Serving Students With Disabilities conference, Minneapolis, MN. Retrieved from https://www.charterschoolcenter.org/sites/default/files/files/field_webinar_attachments/Handout%203%20-%20Nuances%20in%20Implementation_0.pdf

Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (1990).

Boundy

(2012). Charter schools and students with disabilities. Retrieved from http://c.ymcdn.com/sites/www.copaa.org/resource/collection/7D72B914-2EC7-4664-9124-A32598DA1ABE/Charter-Schools-and-Students-with-DisabilitiesFINAL.pdf

Center for Education Reform. (2016). Choice and charter schools: Charter school law. Retrieved from https://www.edreform.com/issues/choice-charter-schools/laws-legislation/

Council for Exceptional Children. (2011). CEC’s policy on children with exceptionalities in charter schools. Retrieved from https://www.cec.sped.org/~/media/Files/Policy/CEC%20Professional%20Policies%20and%20Positions/CECcharterschoolspolicy.pdf

Council of Parent Attorneys and Advocates. (2012). Charter schools and students with disabilities. Retrieved from http://www.cleweb.org/sites/cleweb.org/files/assets/Administrative/Charter%20Schools%20and%20Students%20with%20DisabilitiesFinalDraft.pdf

Estes

M. B.

(2009). Charter schools and students with disabilities: How far have we come? Remedial and Special Education, 30, 216–224.

Every Student Succeeds Act, S.1177—114th Congress (2015–2016). Retrieved from https://www.congress.gov/bill/114th-congress/senate-bill/1177/text

Garda

R. A.

(2012a). Culture class: Special education in charter schools. North Carolina Law Review, 90, 656–717.

10.

Garda

R. A.

(2012b). Disabled students’ rights of access to charter schools under the IDEA, Section 504, and ADA. Journal of the National Association of Administrative Law Judiciary, 32, 517–542.

11.

Individuals With Disabilities Education Act Regulations, 34 C.F.R. § 300.300 et seq. (1990).

12.

Individuals With Disabilities Education Improvement Act of 2004, 20 U.S.C. § 614 & 615 (2004) (reauthorization of the Individuals With Disabilities Education Act of 1990).

13.

James Jones, et al. v. Government of the District of Columbia, et al., No. 97-2402 (2013).

14.

Lake

R. J.

(2014). The key is innovation, not regulation. Education Next, 14(4), 54–61. Retrieved from http://educationnext.org/key-innovation-regulation/

15.

LD Online. (2015). Students with disabilities in charter schools. Retrieved from http://www.ldonline.org/article/43436/

16.

Müller

(2010). Virtual K–12 public school programs and students with disabilities: Issues and recommendations: A policy forum proceedings document. Alexandria, VA: National Association of State Directors of Special Education. Retrieved from http://nasdse.org/DesktopModules/DNNspot-Store/ProductFiles/79_25d0f31a-4e2c-4f65-b6ce-92cf6a8c7ad9.pdf

17.

National Center for Education Statistics. (2016). Charter school enrollment. Retrieved from http://nces.ed.gov/programs/coe/indicator_cgb.asp

18.

National Center for Special Education in Charter Schools. (n.d.). The National Center for Special Education in Charter Schools Equity Coalition statement on discipline. Retrieved from http://www.ncsecs.org/blog/2016/6/9/equity-coalition-statement-on-discipline

19.

National Commission on Excellence in Education. (1983). A nation at risk: The imperative for educational reform. Retrieved from http://www2.ed.gov/pubs/NatAtRisk/index.html

20.

P. B. et al. v. Paul Pastorek et al., 2:10-cv-04049 (E.D. of La. 2010). Retrieved from http://www.splcenter.org/sites/default/files/downloads/case/pb_v_pastorek.pdf

21.

R. B. ex rel Parent v. Mastery Charter School, 762 F. Supp. 2d 745, 752-53 (E.D. Pa. 2010).

22.

Rhim

L. M.

Ahearn

E. M.

Lange

C. M.

(2007). Charter school statutes and special education: Policy answers or policy ambiguity? Journal of Special Education, 41, 50–63.

23.

Rhim

L. M.

Gumz

Henderson

(2015). Key trends in special education in charter schools: A secondary analysis of the civil rights data collection 2011–2012. New York, NY: National Center for Special Education in Charter Schools. Retrieved from http://static1.squarespace.com/static/52feb326e4b069fc72abb0c8/t/564109d3e4b027fb791d1964/1447102931798/crdc_full.pdf

24.

Rhim

L. M.

McLaughlin

(2007). Students with disabilities in charter schools: What we now know. Focus on Exceptional Children, 39(5), 1–12.

25.

Seashore Charter Schools v. E. B., 345 F. Supp. 14 (S.D. TX 2014).

26.

Section 504 of the Rehabilitation Act of 1973 Regulations, 34 C.F.R. § 104.1 et seq.

27.

U.S. Department of Education, Office for Civil Rights. (2014). Dear Colleague letter: Charter schools. Retrieved from http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201405-charter.pdf

28.

U.S. Government Accountability Office. (2012). Charter schools: Additional federal attention needed to help protect access for students with disabilities (GAO-12-543). Retrieved from http://www.gao.gov/assets/600/591435.pdf

Charter Schools and Students With Disabilities: Legal and Practice Considerations

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Keywords

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