Special challenges for charter schools, all subject to the same special education obligations under federal law as a traditional school district

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Families with children with disabilities must constantly work to advocate for their children, find the school that provides the best fit, and assess whether educators are providing the right interventions. This can be exhausting and frustrating, especially when it comes on top of the unique demands of parenting a child with a disability. Add to that the reality of living in poverty—perhaps as a recent immigrant or with a limited education—and the challenges of guiding a child with disabilities through the education system can begin to feel overwhelming.

Public school choice, whether it comes in the form of charter schools, alternative programs in district schools, or other forms, increases the options and opportunities for such families to find a good fit. But it also creates new challenges as families must sort through their options and manage the process of applying to schools, all while still working to ensure their children have access to the services, supports, and challenging education to which they are entitled.

Two cities, New Orleans and Washington, D.C., exemplify both these opportunities and challenges. New Orleans has over the last 15 years become an all-choice system. Every public school in the city is now operated by a nonprofit serving as a charter management organization under a performance-based charter contract with the local school board, which provides oversight and support. Each individual school is subject to the same special education obligations under federal law as a traditional school district, such as providing a full continuum of placement options and ensuring appropriate specialized and trained staff. In Washington, D.C., public charter schools comprise about half of the city’s public schools, and each charter network, like the district, is responsible for complying with federal special education laws.

Because they are designated as local education agencies (LEA) under state law, each individual charter school is subject to the same special education obligations under federal law as a traditional school district: they must meet the needs of every enrolled student in the least restrictive environment possible, whether or not they have existing staff or program specializations in place. This creates a critical tension for charter schools in both cities. On one hand, they are expected to be more focused, outcomes oriented, and mission driven than school districts. On the other hand, they are expected to offer a broad range of programs and staffing expertise that districts typically offer through a combination of programs and specializations across a number of schools.