Charter School Statutes and Special Education

Abstract

Charter schools are a growing and evolving component of the public education sector. These schools may be exempt from state or local regulations, but they are part of the public system and subject to federal laws and many regulations. Research has documented policy tensions and basic challenges associated with developing special education programs in charter schools. A key source of these issues is ambiguity in individual state charter laws regarding roles and responsibilities related to special education. This article presents findings from a review of 41 charter statutes. The review reveals variability and lack of specificity among states in the legislative structures they maintain for charter schools and how responsibility for special education is assigned. These findings highlight the importance of federal, state, and district policy leaders developing a nuanced understanding of statutes shaping the parameters of responsibility for special education in the charter sector.

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