Concerns on Inclusion of Students with Disabilities in Charter Schools Expressed in House Committee Hearing

The U.S. House Education and Labor Committee held a hearing to discuss the impact of charter schools on the public education system as it prepares to reauthorize – rewrite – the Elementary and Secondary Education Act, now known as No Child Left Behind.  Notably, witnesses and members of Congress raised concerns regarding recent studies which showed an under-representation of students with disabilities enrolled in charter schools and “counseling out” practices which may discourage prospective families of students with disabilities from enrolling their child because special education services and supports are unavailable.  CEC has echoed these concerns and others, with members of Congress and their staff and encouraged lawmakers to address issues of under-representation and providing a free appropriate public education in the least restrictive environment. 

Dr. Tom Hehir, professor of practice at the Harvard Graduate School of Education testified that while some charter schools can provide students with disabilities with a high-quality education and offer parents school choice options, on the whole charter schools generally serve fewer children with disabilities than traditional public schools. Additionally, Hehir testified that charter schools serve far fewer students with more significant disabilities, and in some instances, none at all.  According to Hehir, under-representation is problematic for a variety of reasons including: civil rights concerns, it compromises the ability of charter schools to claim better approaches to serving students for whom the current education system has failed, may present a financial disadvantage to traditional public schools, and the existing financial disincentive for charters not to educate students that may require costly services. To remedy this issue, Hehir provided members of Congress with three recommendations:

•    The federal government should require states to proactively address issues of access involving special populations as a condition for receiving federal funds;
•    The federal government should establish a federal technical assistance center focusing on the needs of students form special populations in charter schools; and
•    The federal government should fund research on serving special populations in charter schools.

Numerous members of Congress – including Rep. Miller (D-CA), chairman of the Committee; Rep. Scott (D-VA), Rep. Cassidy (R-LA), Rep. Hinojosa (D-TX), and Rep. Biggert (R-IL) – all raised the issue of the ability of charter schools to serve students with disabilities.

Also discussed was the All Students Achieving through Reform Act (H.R. 4330), legislation introduced by Rep. Jared Polis (D-CO), which seeks to increase the number of charter schools by replicating successful charter school practices.  Currently, 1.5 million children are enrolled in nearly 5,000 public charter schools across the country and thousands of students remain on waiting lists. 

Read CEC’s Policy on Children with Exceptionalities in Charter Schools.

For more information, including the testimony of all the witnesses, visit the House Education and Labor Committee Website.

Comments

[Amy]

This study not only hits closet home but scares me! As a special education teacher AND a resident of NJ, our recently elected state government is not a fan of public schools and is a proponent of Charter Schools. What I have not heard anything about is where children with special needs fit into charter schools and their funding. Any information would be greatly appreciated!

[Sarah]

I agree with Amy. I am also a special educator and resident of New Jersey. I fear that our newly elected governor who is a fan of charter schools will lead families to believe that charter schools will solve all their problems. I spent a year teaching in a charter school where services for the special need population were non-existent. I fear that students with special needs will be lost in the shuffle of finding perfection. I believe that a charter school should have a plan of action for all possible cases they may encounter when opening a school. Special education students cannot afford to be lost in the background. They must receive the best possible education in any setting they may end up.

[Crystal Taylor]

I agree with Sarah. I think special education students deserve the same education in any school system. I am not familiar with charter schools, but I think these schools should allow special education students in their schools.

[Tracy]

I also agree with Sarah. Working in special education under this new governor is a bit unnerving. I dont understand why he thinks charter schools can provide a better education then public, especially for students with special needs. Is the answer because he is pulling funding away from public schools and giving it to the charters?

[Jamie]

I worked a private school for people with disablities and I think they did a good job however, I do not think this is the right way to give students what they need because most priavte schools do not have the staff to give studnets with disabliteis the best education

[Iberia Randle]

Hi Amy,
I think that the children with special needs will be greatly underrepresented in these charter schools. I also agree with Jamie about the unavailable services to students with disabilities in the private schools. I am thinking about one of the private schools in the district where I currently work. One of our students was transferred before he was ruled eligible for special education services, but we sent the forms once he was ruled. His parents had to bring him back to the public school because they did not have the staff there to meet his needs.

[Catherine]

This idea is one I think has great potential for students with special needs. Many parents opt to put there children in a private school that may not provide the services a public school does but does provide a better social environment. Charter schools could be a way to provide public services more parents of students with special needs are comfortable with.

[wood pellet fuel]

I dont understand why he thinks charter schools can provide a better education then public, especially for students with special needs.