<p>JHS: " (b) many charters do not do, and are not required to do, special education or sometimes other forms of difficult, more expensive stuff, like disciplinary cases and English language learners. Those advantages aren’t integral to what makes charters attractive to administrators, legislators, and policymakers, although parents and kids may certainly notice them."</p>
<p>This is a very common misconception. While there may be some charter schools engaging in these practices, it is clearly against the law, and not standard practice. (Note that some “regular” public schools have also been accused of engaging in these practices – bad actors are found in all venues.) There is no exception to the Federal rules requiring public schools – of any flavor – to abide by the special education laws, or the laws related to English Language Learners. </p>
<p>However, in different states the responsibility for making these decisions may be vested in different entities. In my state, the LEA (the local authority for making decisions related to special education under federal law) is vested in the school district, not any individual school within the district. The LEA is allowed to determine, to a great degree, how and where what programs – especially expensive ones – will be offered. For example, one elementary school in a compact district might be designated as a deaf ed school, where all of the teachers and specialists are competent in ASL, and where all of the classrooms have augmented sound amplification. A child who is deaf/hearing impaired can choose to go to the neighborhood (or charter) school, but at those locations might only have an aide who can translate what teachers say into ASL. Our district has a special school that functions as a day treatment center for students with major psychiatric issues - something like 21 special ed and psych staffers for 17 students, and if a student’s IEP specifies that a placement like that one is the appropriate one for the child, that’s where the child will be offered the services. Our district uses a pretty common decision matrix for all open enrollment (including charter school enrollment) decisions: if a student is staffed (according to an IEP) at 20% or less of an FTE, the student is automatically eligible to enroll in whatever program the student’s family chooses, under the theory that the appropriate services can be provided in any setting. If the student is staffed at >20% of an FTE, a staffing must be held – at the student’s current school and with the student’s current teachers/specialists and family – to determine if the proposed placement is appropriate. Either way, the charter school has no say at all in whether a student with a special need gets to come to the school. Furthermore, in our state, special ed expenses are generally calculated as a per pupil cost for every student in the district, and the charter then pays the central admin for their total student population. If a school has 250 kids and average district expenses for special ed are $1,000 for every pupil in the school district, the charter pays into the central kitty $250K. In our case, we pay into the central kitty, and then the district is responsible (legally and financially) for providing all special ed services necessary to comply with the law to any of our qualifying students, and the district’s Spec Ed staff is responsible for heading the IEP team, and handling any due process issues. We have a number of students who are on IEPs, and a number more receiving services under Response to Intervention (RTI) plans or modifications related to 504 plans. </p>
<p>The same is true for English Language Learner services – though districts (again, in our state, the legal entity for federal purposes) can, according to the Federal Office of Civil Rights, choose to concentrate delivery of these services into specific schools for financial efficiency reasons. Our district used to do this, and then complained bitterly that we didn’t enroll as many ELL students as some other schools. We pointed out the discrepancy in how they chose to provide services, and eventually they went, “duh” and reconsidered their original decision to only offer ELL at a handful of schools. </p>
<p>On the disciplinary front, our charter schools – and our neighborhood schools – may suspend students under specific circumstances, but disenrolling or expelling students is handled at a district level, and is not a decision that the charter school may make.</p>
<p>You are absolutely correct that parents who are more invested in their child’s education may take on the lottery process more willingly than parents who are less invested, but is that really any different than some parents choosing to move to areas where the schools are known to be better? From my perspective, an excellent charter school that holds a random lottery for available spaces is a lot more fair than my neighborhood school that requires that your family invest in a home costing >600K to have a chance to go to the school. My D’s charter school had students who lived in million dollar homes, and students who lived in trailer parks or low income apartments. That’s a whole lot more economic diversity than you find at almost any of the neighborhood schools.</p>