Discrimination in an era of education privatization

Charter schools enroll a lower percentage of students with disabilities (particularly more severe disabilities) when compared to traditional public schools. In response to these and other issues of access and discrimination, some defenders of these schools have argued that the schools have broken no laws—and they are often correct. How can this be?

To answer that question, professors Julie F. Mead of the University of Wisconsin and Suzanne E. Eckes of Indiana University authored a policy brief, How School Privatization Opens the Door for Discrimination, which analyzes discrimination in an era of education privatization.

The brief’s review of relevant laws reveals that voucher and charter school programs open the door to discrimination because of three phenomena. First, federal law defines discrimination differently in public and private spaces. Second, state legislatures have largely neglected issues of discrimination while constructing voucher laws. Charter laws are better, but they fail to comprehensively address these issues. Third, because private and charter schools are free to determine what programs to offer, they can attract some populations while excluding others. 

After briefly examining the history of discrimination in schools, the brief analyzes each of these three enabling factors and then outlines recent developments.