The Government Accountability Office (GAO) recently released a report indicating that Federal intervention is needed to ensure that students with disabilities have access to their right to a Free Appropriate Public Education in the charter school setting. Charter Schools must adhere to Federal law, including the IDEA. However, the report indicates that fewer students with disabilities enrolled in public charter schools (8.2%) than enrolled in traditional public schools (11.2%). Compared to traditional public schools, charter schools enrolled a lower percentage of students with intellectual disabilities (0.84% compared to 0.45%).
We have seen this problem in our office with the influx of charters being granted by strapped school districts. Unfortunately some charter schools misrepresent their ability to program for students with disabilities and some students are losing a year plus of a FAPE because they are not being appropriately supported in the charter school setting. The situation can also be confused further because every state has different laws as to who is the LEA (local education agency). When school districts get sued for the failure to provide a FAPE in a charter school, the finger pointing can often begin. The Department of Education said in response to the report that it would issue new guidance to charter schools on their obligations to serve all students.
