General
Charter schools, like all public schools that received funding from the federal government, must operate in accordance with federal civil rights laws. These laws prohibit discrimination on the basis of race, color, national origin, sex, disability and age. There are also rights afforded to students by the United States Constitution that schools must be mindful of. Civil Rights Solutions, LLC offers support to charter schools on a variety of topics affected by these laws.
Enrollment
Charter schools may not discriminate on the basis of race, color, national origin, sex or disability in their admissions policies and procedures. The prohibition against discrimination impacts admissions policies and practices at all stages, from recruitment to application and enrollment. For instance, during recruitment, efforts must be made to ensure that parents with disabilities or with limited English proficiency are provided a meaningful opportunity to understand recruitment and outreach information provided to the community. Additionally, admissions eligibility criteria must be nondiscriminatory, and eligibility criteria that unintentionally result in exclusion of a high number of students of a particular race, national origin or disability should be examined to ensure that they are not unintentionally discriminatory. Single sex charter schools and schools that use weighted lotteries must also give consideration to how those policies and practices might implicate federal civil rights laws to ensure compliance. These are just a few examples of how federal civil rights laws might impact enrollment. For more information, feel free to contact us.
Students with Disabilities
There are a variety of federal laws that dictate how schools should serve students with disabilities, and these laws can be very complicated and confusing. First and foremost, charter schools must understand the requirements, similarities and differences of the Individuals with Disabilities Education Act (“IDEA”), Section 504 of the Rehabilitation Act of 1973 (“Section 504”), and Title II of the Americans with Disabilities Act (Title II). These laws require schools to have policies and procedures in place to identify students with disabilities, provide them a free appropriate public education (“FAPE”), provide them with equal opportunities to participate in extracurricular and nonacademic activities, and provide physically accessible facilities, among other things. These legal requirements can be difficult to navigate and mistakes can be costly. It is imperative that school leaders and staff alike understand these requirements in order to effectively serve students with disabilities.
English Language Learners
Title VI of the Civil Rights Act of 1964 requires schools to take affirmative steps to identify students who have limited English proficiency and provide them with educational services so they can become proficient in English and meaningfully participate in the school’s programs and general curriculum. Schools must also consider the needs of parents whose English proficiency is limited and ensure that information is provided in a manner and form that they understand. This may require translation of documents and interpreting services.
Bullying and Harassment
Federal civil rights laws require schools to protect students from bullying and harassment on the basis of race, color, national origin, sex and disability. State law may broaden this obligation to other protected classes of students. Bullying and harassment have become issues of national concern that can have detrimental effects on students. A school’s failure to meet these requirements could result in significant costs. Schools are encouraged to adopt comprehensive anti-bullying and harassment policies to address and prevent bullying and harassment.
Student Discipline
The 14th Amendment of the United States Constitution requires schools to provide students with due process before imposing suspensions or expulsions. The form of due process to be provided depends on the length of the suspension. Additional disciplinary protections are afforded to students with disabilities under the Individuals with Disabilities Education Act (“IDEA”) and Section 504 of the Rehabilitation Act of 1973 (“Section 504”). Schools must ensure that they have discipline procedures in place to afford students with the protections required and that individuals making disciplinary decisions are aware of these requirements and implementing the policies in accordance with the law.
Student Speech
The 1st Amendment of the United States Constitution protects student speech under some circumstances. Schools must consider these protections when regulating student speech through discipline or any other means. Forms of student speech protected include verbal expressions, written expression, expression through electronic media and symbolic speech.
Student Searches
The 4th Amendment of the United States Constitution protects students from unreasonable searches of their personal belongings. Such protections extend to the student’s person, bags and backpacks, lockers, etc. Schools must understand the factors that go into determining what constitutes an unreasonable search in order to develop policies that give them as much latitude as possible to appropriately search students.
Discrimination
There are several federal civil rights laws that prohibit discrimination based on race, color, national origin, sex, and disability. These laws require schools to adopt and publicize nondiscrimination policies as well as procedures for addressing complaints of discrimination. In addition to having compliant notice of nondiscrimination and grievance procedures, schools must be careful to avoid both intentional and unintentional discrimination. This requires education of school leaders on these issues as well as review, and possible revision, of school policies and practices.
Weighted Lotteries
Generally, charter schools must determine admissions based on a blind lottery if there are more applicants than available spaces. However, some charter schools use weighted lotteries to ensure diversity in their student populations. While the use of weighted lotteries may assist schools in creating diverse student populations, there are potential legal implications that may result from the use of weighted lotteries. Schools must understand and consider these legal implications when deciding whether to use weighted lotteries and in developing legally compliant admissions policies that include weighted lotteries.
Desegregation
Depending on the jurisdictions in which they are located, some new charter schools may be subject to desegregation plans or orders, even if they plan to operate as their own LEAs. These charter schools must ensure that they comply with existing desegregation plans or orders or determine whether they can seek modifications of those plans. Addressing desegregation obligations early will prevent unnecessary delays to a school’s opening.
Single Sex Charter Schools
Single sex charter schools are permitted by law, but could be subject to scrutiny if comparable programs are not available for students of the opposite sex. Schools that operate single sex programs or those that are considering establishing a single sex program should consider the legal implications that arise from Title IX of the Education Amendments of 1972 to ensure compliance with federal civil rights laws.
Religious Facilities
Charter schools that use religious facilities in their operations may be subject to scrutiny under the First Amendment of the United States Constitution. Schools must be thoughtful in how they approach this issue to ensure that they avoid religious endorsement or entanglement in order to survive potential legal challenges.