Skip to main content
mobile menu
Arizona Department of Education Homepage
  • SY 2022-2023
  • Home
  • Students & Families
    • Adult Education
    • Early Childhood & Preschool
    • Empowerment Scholarship Account (ESA)
    • Parents & Families
    • School Report Cards
    • Transcripts & Test Scores
  • Educators
    • Academic Standards
    • Assessment
    • Career & Technical Education
    • Certification & Career
    • Post-Secondary & ECAP
    • Public Educator Search
    • Support & Improvement Resources
    • Training & Professional Development
  • Administrators
    • Accountability
    • School & Student Data
    • School Finance
    • School Support & Improvement
    • State & Federal Grants
    • Training & Conferences
  • Programs & Supports
    • Afterschool & 21st Century Learning Centers
    • Educator and School Excellence
    • English Learners, Foster Care, Homeless, & Migrant
    • Gifted & Advanced Learning
    • Health & Nutrition Services
    • Information Technology
    • Office of Digital Teaching & Learning
    • Office of Indian Education
    • School Safety & Social Wellness
    • Special Education
  • About ADE
    • About the Department
    • News Releases
    • Contact Us
    • Data Governance
    • Events
    • State Board of Education
    • State Board for Charter Schools
    • Submit a Complaint
  • ADEConnect
    • ADEConnect
    • Common Logon
  • Search
  • Home
  • Exceptional Student Services
  • FAQs: Charter Schools

FAQs: Charter Schools

Can charter schools put a cap on the number of students eligible for special education that it will accept for enrollment?

No. Charter schools may limit admission to pupils within a given age group or grade level, but cannot “limit admission based on ethnicity, national origin, gender, income level, disabling condition, or proficiency in the English language, or athletic ability.” [A.R.S. § 15-184(F)] “A charter school shall enroll all eligible pupils who submit a timely application, unless the number of applications exceeds the capacity of a program, class, grade level or building.” [A.R.S. § 15-184(A)] Note that “program” used here is not synonymous with a specific educational placement; special education is not a “program” under this definition. (If special education were a program under A.R.S. § 15-184(A), then this would automatically invalidate A.R.S. § 15-184(F), leading to an absurd result.) It is important to remember that the purpose of the IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs . . .” [34 C.F.R. § 300.1(a)], emphasizing that special education is not a place or a program. Denial of enrollment based on disability or special education status could lead to claims of discrimination and possibly an investigation by the United States Department of Education/Office for Civil Rights (OCR).

 

Can a public school district or charter school designate itself as an inclusion-only school and turn special education students away if they need a more restrictive placement?

No. In Arizona, charter schools may not “limit admission based on ethnicity, national origin, gender, income level, disabling condition, or proficiency in the English language, or athletic ability.” [A.R.S. § 15-184(F)] The regulations that implement the IDEA state that schools “must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.” [34 C.F.R. § 300.115(a)] Schools must ensure that determinations regarding a child’s educational placement are made by the child’s IEP team, including his or her parent, and that they are made in conformity with the least restrictive environment provisions of the IDEA. [34 C.F.R. § 300.116] Placement decisions must be made based on the needs of the student and not the philosophy or convenience of the school.

 

Are charter schools required to offer everything a public school district must provide to children with disabilities?

The federal regulations are clear that children with disabilities who attend public charter schools and their parents retain all rights afforded to them under the IDEA, and the charter school is responsible for ensuring that it carries out all of the requirements of Part B of the IDEA. [34 C.F.R. §§ 300.209(a) and (c)] In Arizona, charter schools are considered public schools [A.R.S. § 15-181(A)], and Arizona state law requires that “[a]ll school districts and charter schools shall develop policies and procedures for providing special education to all children with disabilities within the district or charter school.” [A.R.S. § 15-763(A)] Each public school must make available a full continuum of alternative placement options to meet the needs of children with disabilities, including “instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions.” [34 C.F.R. § 300.115(a) and (b)(1)] Schools are also required to “make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.” [Id. at subsection (b)(2)]

  • ESS Home
    • About ESS
    • FAQ
    • Contact ESS
    • ESS Site Index
    • Understanding Special Education
    • Disability Categories
  • ESS Updates
  • Schools
  • Parents & Families
    • Procedural Safeguards
    • Aviso de las Salvaguardias Procesales
    • Raising Special Kids
  • Conferences
    • IDEA Conference
    • Calendar of Events
  • Public Info
    • SEAP
    • SSIP
    • SPP/APR and Public Data
    • PEA Determinations
    • Significant Disproportionality
  • Quick Links
  • Assessment
  • Assistive Technology
  • AZ FIND/Child Find
  • AZ-TAS Documents
  • Data Management
    • AzEDS SPED Reporting
    • Discipline Data Collection
    • October 1 Data Collection
    • Special Education Data Dashboard
  • Dispute Resolution
  • Early Childhood Special Education
  • Secondary Transition
  • Private & Public Programs
    • Private Special Education Schools
    • ED-P Programs
    • Residential Treatment Center Placement
    • Head Starts
    • State Institutions

Contact

  • ESS Reception Desk
  • (602) 542-4013
  • [email protected]
  • Public Comment

From the Exceptional Student Services Blog

INTERNAL PD INFO: Arizona’s 2023 IDEA Conference: Creating Connections and Strengthening Systems—Save the Date and Call for Papers Thu, Feb 2 2023 Updates

Special Education Stakeholders,

ADE/ESS is excited to share that Arizona’s 2023 IDEA Conference will be held in person from August 21–23, 2023, at the JW Marriott Desert Ridge in Phoenix.

This year’s theme is Creating Connections and Strengthening Systems. This cross-stakeholder event is intended for special education administrative staff, youth and young adults with disabilities, family members and caregivers, state agency staff, educators, service providers, and community members committed to student success. The event will feature over 75 professional learning opportunities, including IDEA legal issues, instructional practices, national trends and hot topics, special education compliance, preschool and secondary transition, and content for related service providers.

DATA MANAGEMENT ALERT: Special Education Data Updates Webinar Wednesday, February 15th Thu, Jan 26 2023 Data Management, Updates

DATA MANAGEMENT ALERT       

Special Education Data Updates Webinar Wednesday, February 15th 

   The Exceptional Student Services Data Management team will host the next Special Education Data Updates live webinar on Wednesday, February 15th, from 2pm – 3pm. This session will cover a variety of data topics that will include (subject to change):   

  • Reminders 
  • Trending topics 
  • Top 3 Integrity Errors 
  • Q&A        

  • About Us
  • Careers
  • Contact Us
  • Certification
  • Data & Public Records Request
  • Language / Lenguaje
  • Privacy Policy
  • School Report Cards
  • State Board of Education
  • State Board for Charter Schools
  • Web Accessibility

© 2023 Arizona Department of Education

Social Links

Arizona Department of Education Twitter
Arizona Department of Education Facebook Page
  • Statewide Policies
  • Site Map