Some Questions and Answers About Charter Schools and Services to Students with Disabilities

Deanery Mass- St. Ann's Church

A previous post on the number of SPED students enrolled in a school district in New Jersey has generated a fair amount of queries. This is an attempt to address some of those thoughtful questions concerning students with special needs and traditional public and public charter schools. Thank you, -Dr. Petrosino

Are Charter Schools Required to Provide Services to Students with Disabilities?

Yes. The responsibility to make a free appropriate public education (FAPE) available to all students with disabilities applies to ALL public schools under the Individuals with Disabilities Education Act (IDEA). Charter schools are public schools; therefore, they bear the same responsibility.

Who is actually responsible for ensuring that special education services are available to students with disabilities in a charter school? 

The answer depends on how the charter school is legally identified in the state:

If a charter school is considered to be an independent Local Education Agency (LEA) under its state’s law, that charter school bears the exact same legal requirements for providing special education services as any other LEA (or district).

If a charter school is considered part of an existing LEA, the LEA (or district) retains most or all of the responsibility for special education in the charter school. The charter school is considered a school within that LEA and is responsible for following LEA policy.


Any further information about this topic? 

YES. The following is taken directly from NJDOE code: 

     b.    A charter school shall comply with the provisions of chapter 46 of Title 18A of the New Jersey Statutes concerning the provision of services to handicapped students; except that the fiscal responsibility for any student currently enrolled in or determined to require a private day or residential school shall remain with the district of residence.

     Within 15 days of the signing of the individualized education plan, a charter school shall provide notice to the resident district of any individualized education plan which results in a private day or residential placement.  The resident district may challenge the placement within 30 days in accordance with the procedures established by law.

     c.     A charter school shall comply with applicable State and federal anti-discrimination statutes.

(cf:  P.L. 2007, c.260, s.57)

Are Charter Schools Required to Allow Students with IEPs to Enroll?

According to IDEA, yes. As was said above, the responsibility to make FAPE available to all students with disabilities applies to ALL public schools under federal law. Charter schools are public schools; therefore, they bear the same responsibility.

However, if more students apply to the school than the charter can serve, the charter may use a random selection system to determine student enrollment. In this scenario, many charter schools use a lottery system

More Questions? CLICK HERE for a number of additional answers to your questions concerning such things as transportation, funding, special needs and many other issues. 

Are NJ Charter School fulfilling their responsibility to special needs students (SPED)? 
Please read this NJ.com opinion piece and decide for your self: CLICK HERE