Lawton et al. v. Success Academy Charter Schools,Inc. (2018): Charter School Disciplinary Approaches and Students With Disabilities

Abstract

By being public entities, charter schools must meet U.S. federal legislative mandates (e.g., Section 504) in providing a free, appropriate public education (FAPE) to students with disabilities—just as their traditional district public school counterparts must do. This legal update reviews a prominent case, Lawton et al. v. Success Academy Charter Schools, Inc. (2018). The case, which eventually settled for $1.1 million plus legal fees (nearly $1.3 million), serves as an illustration of challenges involving students with disabilities in charter schools using no-excuses disciplinary practices. After the review of the case is presented, ramifications for charter schools failing to accommodate students with disabilities in disciplinary matters are considered. Implications for practice are also discussed.

Keywords

charter schools free appropriate public education school discipline students with disabilities

Get full access to this article

View all access options for this article.

References

Dunn

M. E.

Katsiyannis

Ryan

J. B.

(2018). Charter schools and students with disabilities: Legal and practice considerations. Intervention in School and Clinic, 53(4), 252–255. https://doi.org/10.1177/1053451217712973

Findlaw. (2024). 504 accommodations in schools. https://www.findlaw.com/education/special-education-and-disabilities/504-accommodations-in-schools.html

Gilmour

A. F.

Shanks

Winters

M. A.

(2023). Choice, mobility, and classification: Disaggregating the charter school special education gap. Remedial and Special Education, 44(4), 272–282. https://doi.org/10.1177/07419325221115421

Golann

J. W.

Torres

A. C.

(2020). Do no-excuses disciplinary practices promote success? Journal of Urban Affairs, 42(4), 617–633. https://doi.org/10.1080/07352166.2018.1427506

Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. § 1400 et seq. (2004).

Lawton , et al v. Success Academy Charter Schools, Memorandum and Order 1:15-cv-07058(FB)(SMG) (E.D.N.Y. 2018).

Layden

S. J.

Lorio-Barsten

D. K.

Gansle

K. A.

Austin

Rizvi

(2024). Roles and responsibilities of school-based behavior analysts: A survey. Journal of Positive Behavior Interventions, 26(1), 52–64. https://doi.org/10.1177/10983007231200528

Losen

D. J.

Keith

M. A.

Hodson

C. L.

Martinez

T. E.

(2016). Charter schools, civil rights, and school discipline: A comprehensive review. The Center for Civil Rights Remedies at the Civil Rights Project, UCLA. https://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/federal-reports/charter-schools-civil-rights-and-school-discipline-a-comprehensive-review/losen-et-al-charter-school-discipline-review-2016.pdf

Naclerio

M. A.

(2017). Accountability through procedure: Rethinking charter school accountability and special education rights. Columbia Law Review, 117(5), 1153–1190.

10.

National Center for Education Statistics. (2023). Public charter school enrollment: Condition of education. U.S. Department of Education, Institute of Education Sciences. https://nces.ed.gov/programs/coe/indicator/cgb

11.

Nichols

Parffrey

Burden

(1989). Preventing disruptive behaviour in schools: The educational psychologist as school system consultant. School Psychology International, 10(4), 265–273. https://doi.org/10.1177/0143034389104004

12.

Rafa

Erwin

Kelley

Wixom

M. A.

(2020). 50-state comparison: Charter school policies. Education Commission of the States. https://www.ecs.org/charter-school-policies/

13.

Rapa

L. J.

Katsiyannis

Ennis

R. P.

(2018). Charter school enrollment effects: A review of results from recent large-scale studies. Journal of Child and Family Studies, 27, 3132–3140. https://doi.org/10.1007/s10826-018-1143-z

14.

Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. (1973).

15.

Section 504 of Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. (1973)

16.

Tucker

(2024). Model charter school policies—Increasing equitable access and quality opportunities for students with disabilities: Model policy guide (2nd ed.). Center for Learner Equity.

17.

United States Government Accountability Office. (2012). Charter schools: Additional federal attention needed to help protect access for students with disabilities (GAO-12-543). https://www.gao.gov/assets/gao-12-543.pdf

18.

U.S. Department of Education, Office for Civil Rights. (2016a). Parent and educator resource guide to Section 504 in public elementary and secondary schools. https://www2.ed.gov/about/offices/list/ocr/docs/504-resource-guide-201612.pdf

19.

U.S. Department of Education, Office for Civil Rights. (2016b). Frequently asked questions about the rights of students with disabilities in public charter schools under Section 504 of the Rehabilitation Act of 1973. https://www2.ed.gov/about/offices/list/ocr/docs/dcl-faq-201612-504-charter-school.pdf

20.

U.S. Department of Education, Office for Civil Rights. (2022). Supporting students with disabilities and avoiding the discriminatory use of student discipline under Section 504 of the Rehabilitation Act of 1973. https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-guidance.pdf

21.

Waitoller

F. R.

Nguyen

Super

(2019). The irony of rigor: “No-excuses” charter schools at the intersections of race and disability. International Journal of Qualitative Studies in Education, 32(3), 282–298. https://doi.org/10.1080/09518398.2019.1576939

22.

Waitoller

F. R.

Tuabe

(2022). Examining three myths about students with disabilities and charter schools. STANFORD Public Scholarship Collaborative. https://publicscholarshiptestonly.sites.stanford.edu/sites/g/files/sbiybj28081/files/media/file/psc-brief-1-editedl.pdf

23.

Wang

Rathbun

Musu

(2019). School choice in the United States: 2019 (NCES 2019-106). U.S. Department of Education, National Center for Education Statistics. https://nces.ed.gov/pubsearch/index.asp?HasSearched=1&searchcat2=subjectindex&L1=194&L2=0

24.

Welner

K. G.

(2013, April). The dirty dozen: How charter schools influence student enrollment. Teachers College Record. http://www.tcrecord.org.IDNumber:17104

25.

Wong

L. N.

(2021). Charter schools and IDEA: A systematic case review. Journal of School Choice, 16(1), 71–104.