Increasing the dialogue among stakeholders in New Jersey’s special education system

The U.S. Department of Education has issued guidance to charter schools underscoring their responsibility to provide special education services. In a seven-page “Dear Colleague” letter, the U.S. Department of Education said that charter schools have the same obligations as other public schools to comply with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, in addition to other federal civil rights law, whether or not they receive federal funding.

Charter schools must provide students with disabilities with a free, appropriate public education 0and cannot discriminate against them in the admissions process or in regard to discipline. Charter schools must also provide related services and guarantee that students with disabilities have “equal opportunity” to participate in extracurricular activities.

In addition to child rights, the letter stated that parents with disabilities must also be accommodated if they need a sign-language interpreter or materials written in Braille.

A 2012 report from the Government Accountability Office found that children with disabilities accounted for eight percent of those enrolled in charters, compared to 11 percent of students in public schools.