In one of the most recent bursts of education reform in our nation, charter schools have become a common topic of conversation among educators. Proponents of charter schools and supporters of traditional public education vocally support or oppose the charter school movement. Regardless of your personal opinion about charter schools, 41 states plus the District of Columbia and Puerto Rico currently have charter school statutes. When it comes to charter schools, discussions about student transportation oftentimes is an afterthought.
There are approximately 3,300 charter schools serving nearly a million students, and it is reported that approximately two thirds of these schools have waiting lists.
The Public Charter Schools Program was first enacted in 1994, reauthorized in 1998 and amended by the No Child Left Behind Act (NCLB) of 2001. It provides funds for planning and implementing charter schools in the form of federal grants. The Charter School Program Funding Level in 1995 was $6,000,000 and $200,000,000 in 2004. The increase in funding level is a strong indicator that charter schools are a significant part of educational reform.
Charter schools attract a high proportion of low performing students and students with a variety of disabilities. While charter schools are allowed flexibility to have some level of autonomy, in no way should this be misunderstood as permissive when it comes to student achievement. Accountability for charter schools is built into the requirements of NCLB and close scrutiny of student achievement is on the radar scream for these programs. Charter schools are public schools and therefore subject to the same accountability as all public schools under NCLB.
One should be cautious about trying to generalize about charter schools, including transportation requirements, from state to state and Local Education Agency (LEA) to LEA within a state. Charter schools vary with respect to structure and educational programming. The legal status of a charter school is dependent on individual state law. Charter schools are part of the public education system, but their legal identity falls into categories: a separate LEA or part of an existing LEA. It is important to understand the type(s) of linkage: No-Link is when a charter school is its own LEA and has full responsibility for the education of its regular and special education students; Total Link is when the charter school is considered a part of the LEA and is responsible for all students, and Partial-Link is when there is a connection between a charter school and a LEA. The specific terms of the link (connection) are usually negotiated. Make sure you know who is responsible for transportation under each of these circumstances and to what extent. Be clear about which type of charter schools exist in your state and understand the transportation requirements for students attending charter schools. Know who are the charter school authorizers in your state. Authorizers include a variety of entities such as LEAs, State Education Agencies (SEAs), institutions of higher education, and independent charter boards. The charter school and the charter authorizer are required to meet the terms of the charter agreement, and failure to do so can result in a charter school losing its charter.
Charter schools depend on federal, state and local funding for the students served including students with disabilities served under the Individuals With Disabilities Education Act amended in 2004. Funding discussions and disputes are not uncommon in the education community when it comes to charter schools and transportation is no exception.
Transportation should be addressed right up front with charter school authorizers including questions about students with disabilities. To avoid transportation misunderstandings, the following are some of the questions that should be addressed:
• What is the policy for transporting non-disabled students to and from charter schools?
• What is the policy for transporting students with disabilities to and from charter schools eligible for services under IDEA or Section 504 of the Rehabilitation Act of 1973?
• What is the role of the individualized education program (IEP) team or Section 504 team for determining eligibility for transportation as a related service for students with disabilities attending charter schools?
• If there is a dispute over transportation services for students with disabilities who is responsible for assuring procedural safeguards, including access to mediation or a due process hearing when a charter school is part of a LEA or its own LEA?
• If a student with a disability is eligible for medical assistance and transportation is an approved billable service who is the recipient of approved federal funds, the charter school or LEA?
• How will parents and guardians receive information about the transportation agreement between a charter school operator and authorizer for non-disabled and disabled students?
• How is transportation funding determined for students with or without disabilities attending a charter school?
• When a contractor provides transportation services for public school students does the contractor also have a responsibility for charter schools?
• Who are the contact persons in the LEA and charter school regarding matters of transportation?
• When a charter school is its own LEA, who is responsible for providing a school bus with a lift to transport a student utilizing a wheelchair to a charter school when transportation is a related service or Section 504 service?
In summary, we are at a point in time when transportation questions regarding charter schools exceed clear guidance. However, it is advisable to address transportation matters prior to them becoming a point of contention between a LEA, charter school and parent. Make information as clear as possible and widely communicated. Dissemination to the appropriate parties is an essential consideration.
Reference
Ahearn, E.M., Giovannetti, E.A. Lange, C.M., Rhim, L.M., and Warren, S.H. (2004). Primers on Special Education and Charter Schools: Compilation of Full Primer Set. Alexandria, VA: National Association of State Directors of Special Education, Inc. Website: www.nasdse.org/project_spedtacs.htm
Landau, R.L. and Gossett, D. (2003) A Reference Guide to Special Education Law for Charter School Authorizers. Alexandria, VA: National Association of Charter School Authorizers. Website: www.qualitycharters.org
Bluth is the director of the Office of Quality Assurance and Monitoring at the Maryland State Department of Education’s Division of Special Education/Early Intervention Services.
