Thursday, July 12, 2012

Students with Disabilities & Charter Schools


            The Charter School Movement is celebrating 20 years of service to children and families.  As an alternative to public schools, charter schools are independent entities that receive public funds, without many of the state and federal regulations as a public school district.  Charter schools are also not involved with unions, which give them autonomy over the hiring, firing, salary, and work day of staff[i]

            As charter schools aim to become a permanent fixture of the educational landscape, they will continue to come under scrutiny by their critics, and praised by their advocates.  One primary area of contention is student enrollment.  Critics argue that charter schools exclude certain students, whereas public schools are mandated to serve every child.  Charter school advocates argue, that as an independent entity, they are allowed to set the enrollment criteria for students interested in attending their school.  For a while these arguments gained very little traction or serious consideration from the federal government.  It wasn’t until a report by the Government Accountability Office (GAO), about the lack of enrollment of students with disabilities in charter schools captured the attention of federal and state officials.

            The GAO Report, commissioned by Representative, George Miller from California found that charter schools don’t enroll students with disabilities at the same rate as traditional public schools, despite federal laws that require all publically funded schools to serve students with disabilities[ii].  The findings of GAO report have ignited a response from the US Education Department and the Office of Civil Rights. 

            According to the report, the US Education Department has developed new procedures to help charter schools meet federal standards for enrolling students with disabilities and the Office of Civil Rights (OCR) conducted compliance reviews of charter schools who under serve students with disabilities.  With 23 percent of charter schools nationally serving students with disabilities, the compliance review concluded that some charter schools may be discouraging students with disabilities from enrolling[iii].

            The findings of the GAO report and the OCR compliance review support claims made by critics of the charter school movement.  At the same time, the report does acknowledge charter schools need more guidance on how to meet federal standards for enrolling students with disabilities.  This acknowledgement provides charter school advocates with a small victory.  The acknowledgement also places charter schools on notice that the federal government is monitoring the enrollment of students with disabilities. 

            The involvement of the federal government is a win for students with disabilities because it provides them choice and access to schools which pride themselves on instruction by non-traditional designs.  It is too bad the federal government had to get involved in the first place.


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