Charter Schools and IDEA: Rights Are the Same: Implementation Often Isn’t
By: Dr. Gabrielle Baker, President & Advocate
Families are often told that charter schools offer smaller class sizes, innovative programs, and more flexibility. For many students, those things can be true. But when it comes to special education, charter schools must follow the same laws as public schools. The Individuals with Disabilities Education Act (IDEA) and Section 504 apply to every public school in the country, including charter schools. The difference isn’t in the law—it’s in how it’s carried out.
Under IDEA, all public schools are required to identify, evaluate, and provide a Free Appropriate Public Education (FAPE) to students with disabilities. That includes individualized goals, accommodations, related services, and placement in the least restrictive environment. Charter schools do not get to “opt out” of those requirements. They are either their own Local Education Agency (LEA) or operate under a district’s LEA, which means the same responsibilities and timelines apply.
Where problems arise is in implementation. Many charter schools operate with smaller staffs and fewer specialized service providers. It’s not unusual for a charter to have no full-time special education teacher, school psychologist, or speech therapist on-site. Instead, they may contract out services or bring specialists in part-time. That can make it harder to hold consistent IEP meetings, provide therapy minutes, or ensure accommodations are followed daily.
Another common issue is admission and retention. Some charters subtly discourage enrollment of students with significant needs, or they tell families that their program “may not be a good fit.” That’s discrimination. Public charter schools must accept and serve students with disabilities on the same basis as any other student. They cannot deny admission or suggest withdrawal based on disability-related needs or behaviors.
Parents also report challenges with access to evaluations. In some cases, charters tell families that they need to wait for a district evaluation or that they “don’t have resources to test.” Under IDEA’s Child Find mandate, that’s not acceptable. Whether the charter is its own LEA or operates under a district, someone is responsible for ensuring evaluations happen within the required timelines. The charter and district cannot pass responsibility back and forth while the child goes unserved.
Service delivery is another key difference. A charter may only have part-time or itinerant staff, which can make scheduling difficult. That does not excuse missed or reduced minutes. If an IEP states a service must occur, the school must provide it, even if that means contracting or scheduling around the student’s needs.
Parents can and should ask specific questions before and during enrollment. Who is responsible for special education compliance? How are services provided? Who attends IEP meetings, and where are they held? What related service staff are on-site? Are accommodations implemented in all classrooms, including general education? These details matter because charters vary widely in structure and resources.
If your child already attends a charter school and you’re seeing delays or denials, document everything in writing. Request evaluations or IEP meetings formally by email, and remind the school that the same IDEA timelines apply. If services aren’t being implemented, ask for a written explanation and a compensatory services plan. If the school continues to delay or refuses to follow the IEP, you can file a state complaint just as you would with any other public school district.
The key takeaway is that your child’s rights do not change just because the school is called a charter. What changes is how closely you may need to monitor implementation. Charter schools can provide wonderful, creative learning environments, but they must still meet every requirement of federal law. When that doesn’t happen, parents have the same tools and legal protections to ensure accountability.
Education Advocates of America helps families navigate these exact situations, ensuring that choice never comes at the cost of compliance, and that every child receives the full services and supports they’re entitled to under the law.
