Under the Individuals with Disabilities Education Act (IDEA), a parent of a child with a qualifying disability may bring suit when a school district fails to afford an appropriate education to the student. The parent’s right to sue also extends to actions against charter schools that violate the student’s IDEA rights.

During the 2014-15 school year, there were approximately 6,700 charter schools nationwide serving almost 3 million students in the United States. Since 2008, charter schools have increased by approximately 50 percent. In Pennsylvania, there are over 150 charter schools. Many of them exist in impoverished communities, such as in inner-city Philadelphia neighborhoods and serve traditionally disadvantaged students. Pennsylvania educational agencies spend over a billion dollars a year funding charter schools. But charter schools typically do not have the same accountability mandates as public schools, which has occasionally led to issues of mismanagement. As a result of this and other reasons, about 15 percent of charter schools around the country close each year, which can affect hundreds of thousands of children, including tens of thousands of children with special-education needs.

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