Dive Brief:

• The U.S. Department of Education released a "Dear Colleague" letter to charter schools Wednesday, reminding them that they have the same obligation to provide services and not discriminate against students with disabilities as traditional public schools.   
• Charter schools have received flack nationally for allegedly keeping special need students out of their schools or failing to provide services. 
• The letter is a reminder that both charter and traditional public schools must comply with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, along with other federal laws, regardless of whether they receive federal funds.   

Dive Insight:

The "Dear Colleague" letter begins by mentioning the overall newness of charter schools as a reason they may or may not be up to date on all of the laws they must follow regarding students with special needs. While this excuse may seem a bit feeble, the letter's release makes it clear that all public schools — charter or otherwise — must provide disabled students the same opportunity for education as any other student.

In 2012, the Government Accountability Office released a report highlighting special education discrepancies found in charter and traditional public schools. According to the report, children with disabilities make up 8% of charter school populations, versus 11% of traditional public schools.