Archived Information

Summary

Charter school statutes vary widely across the 29 states with respect to the level of operational autonomy granted and the degree to which students with disabilities are specifically addressed. Consequently, the implications for special education programs vary greatly from state to state. Particularly because of this variation, a review of state charter school statutes provides important background for our examination of charter schools and the education of students with disabilities. The results of this review will inform our study of how charter schools implement special education programs within the guidelines specified by their states' unique laws.

This review first examined several elements from the statutes that prescribe the degree of operational autonomy of charter schools. These included the charter schools' operational status, authority regarding personnel, exemption from education laws and regulations, liability, and general funding. The examination of these statutory provisions furnished a framework within which to interpret special education provisions. State statutes provide widely different levels of operational autonomy to charter schools, with varying implications for special education programs. Because several states do not include specific statements regarding all relevant issues, it is important to reiterate that, for this analysis, we did not examine regulations from state boards of education or other state or local authorities regarding charter schools. Many issues not addressed in statute will be clarified through regulations.

The second phase of the review explored the special education provisions that states include in their charter school statutes. The analysis revealed that none of the states include provisions related to goals, accountability, or assessment for students with disabilities. In addition, few states directly address the issue of who is responsible for providing educational services for students with disabilities. On the other hand, at least some states include in their charter school statutes provisions that prohibit discrimination, promote the targeting and enrollment of special populations, prescribe special education funding, provide for special education funding, and address transportation.

[Other Legislative Elements Affecting Students with Disabilities]

[Appendix Table A. State Charter School Legislation: Statutory Provisions Regarding School Organization and Authority]