Special Education in Charter Schools: Rights Without Exception

Congruence Law, P.C. Ensures That Charter Schools Comply with IDEA, Section 504, and Federal Disability Law

Charter schools don’t get to pick and choose which federal laws to follow. Whether a school is public, charter, or magnet, students with disabilities are entitled to the same rights, protections, and services under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA).

Yet far too often, families find that charter schools deny services, counsel students out, or fail to deliver on their legal obligations—all under the guise of “innovation.” At Congruence Law, P.C., we hold charter schools accountable and fight to ensure that students with disabilities are fully included and fully supported.

Charter Schools Are Public Schools—With Public Obligations

Despite being independently operated, charter schools are publicly funded and must comply with all federal education and civil rights laws, including:

• IDEA: Requires identification, evaluation, and IEP services for eligible students

• Section 504: Requires nondiscrimination and reasonable accommodations

• ADA: Prohibits exclusion or denial of participation based on disability

If a charter school receives public funds, it cannot use its status to deny special education access or discriminate.

Common Violations We See

• Refusing to enroll students with disabilities or steering them toward other schools

• Delaying or denying IEP evaluations or accommodations

• Lack of trained special education staff or service providers

• Inadequate IEP implementation or no IEP meetings

• “Counseling out” students when needs exceed school capacity

• Failing to provide behavioral supports or proper discipline processes

These aren’t misunderstandings—they’re civil rights violations.

What Charter Schools Must Provide

• Timely evaluations when a disability is suspected

• Special education services as outlined in a compliant IEP

• Accommodations under Section 504, including for ADHD, mental health, and chronic conditions

• Meaningful inclusion in all school programs, field trips, electives, and activities

• Trained staff and related service providers to deliver supports

• Appropriate discipline protections, including MDRs for IDEA students

Whether a school contracts services or not, it cannot escape legal responsibility.

What We Do at Congruence Law, P.C.

We help families challenge illegal practices in charter schools and enforce their child’s right to full educational access. Our services include:

• Filing due process complaints for IEP or placement violations

• Challenging refusals to evaluate or accommodate

• Demanding inclusion and equal participation in all aspects of school life

• Filing OCR complaints for disability discrimination

• Negotiating services, supports, or placement changes without removing the student from the charter

• Advocating against improper discipline or “counseling out”

We also assist with enrollment disputes, especially where a school improperly refuses admission based on disability status.

What Charter Schools Say—and Why It’s Often Wrong

“We don’t have the resources for that.”→ Public funding comes with public responsibilities. Lack of resources is not a defense to denying services.

“We’re not set up for students with that kind of need.”→ Then the school must develop capacity or fund services elsewhere. Exclusion is not an option.

“We’re not part of the district—we follow different procedures.”→ Charter schools must still comply with federal law, even if they operate independently.

“We didn’t know your child had an IEP.”→ It’s the school’s duty to identify, review, and implement IEPs upon enrollment.

Pitfalls to Avoid

• Not requesting services in writing. Charter schools are less regulated in practice—put everything in writing.

• Assuming denial is legal just because it sounds official. Ask for the legal basis—and call us if it’s missing.

• Leaving the charter without filing complaints. If rights are violated, enforcement may still apply afterdisenrollment.

• Letting the school delay indefinitely. Delays are denials—don’t wait to act.

Why Choose Congruence Law, P.C.

We believe that “choice” in education should never come at the cost of civil rights. We ensure that students with disabilities enrolled in charter schools receive the services, inclusion, and respect they are entitled to under the law.

If your child’s charter school has denied, delayed, or underdelivered on special education services, contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you hold charter schools to the same standard as every other public school—because your child’s rights don’t come with exceptions.