School choice and special education: What to know about public, charter, and private schools

Choosing a school for your neurodivergent child isn’t just about finding the right fit. It’s also a decision that changes what your child is legally entitled to. What your child can count on — an evaluation, an IEP, specific services, and accommodations — depends on the type of school you choose. There are three main types: public, charter, and private. 

Most families are familiar with the version of special education at a traditional public school. The Individuals with Disabilities Education Actopens in a new tab (IDEA) requires public schools to provide special education services to kids who qualify. Charter schools are also public schools, so they’re also covered by IDEA. But there’s no legal requirement that kids in private school receive services equal to what public and charter schools must provide.

Here’s what you need to know about special education and public, charter, and private schools. 

How do public, charter, and private schools differ when it comes to special education? Here’s a quick breakdown of how each type of school works, followed by a comparison chart. 

Public schools are run by local school districts and funded by taxpayers. Any child who lives in the district can enroll. Public schools can’t turn a child away.

They must follow every state and federal education law that applies, including the ones that protect kids with disabilities. That means providing kids with a free appropriate public education (FAPE). 

Public schools can’t deny that education because of the nature or severity of a child’s disability. This principle is called “zero reject.”opens in a new tab It’s a core part of IDEA. 

Public schools must also identify, locate, and evaluate kids who need services, at no cost to families. This requirement is called Child Find.

Charter schools are also public schools. But they’re run independently of the traditional school district. They can be funded by a mix of public money and private donations. 

States typically give charter schools more freedom around curriculum, scheduling, and staffing. But because they’re legally public schools, they have to follow the same core disability laws as any other public school in the district.

Private schools are run by private organizations, such as religious institutions, nonprofits, or for-profit companies. They’re funded through tuition and donations. They operate with little to no government oversight. 

That independence is part of the appeal for some families. But it also means the legal protections built into public education don’t automatically carry over when you choose to send your child to a private school. Students with disabilities who are placed in private schools by their familiesopens in a new tab don’t have the right to the protections under IDEA. 

However, students with IEPs who are placed in the private school by the district do get all of IDEA’s protections. The IEP is with the district, and the placement is at the private school to ensure the student gets appropriate services. But some services could happen outside of the private school location, depending on the student’s needs. 

This chart answers frequently asked questions about your child’s rights when you opt to send them to a public, charter, or private school.

Charter schools sit in an unusual spot. Legally, they’re public schools with the same core public school obligations. But day-to-day, they often run more independently than a traditional public school does.

Unlike private schools, charter schools are subject to Child Find in a similar way to traditional public schools.

In most cases, if your child attends a charter school and staff or family suspect a disability, the charter itself is responsible for the evaluation. Exactly how that responsibility gets assigned can depend on whether the charter operates as its own local education agency (LEA) under your state’s law.

“The main difference is who is ultimately responsible for meeting those obligations,” says Christopher Thomas, assistant professor of educational leadership and policy at the University of Florida. “Depending on how a state structures its charter schools, a charter school may operate as its own local educational agency (LEA) or as part of another LEA, such as a school district. That structure can affect how special education services are organized and delivered.”

It’s illegal for a charter school to deny admission because of a disability. It’s also illegal for a charter to “counsel out” a family — that is, to discourage them from applying or enrolling because the school assumes it can’t meet the child’s needs. 

“Simply saying, ’we can’t serve your child here,’ is generally not a sufficient reason to deny admission," explains Thomas. He notes that charter schools may have lawful, disability-neutral enrollment requirements. But a disability itself can’t be the reason a family is turned away.

When a school has more applicants than spots, a lottery usually decides enrollment. 

A charter school must provide the services in your child’s IEP, the same as any public school. Where charters differ is resources. 

Many charters are small and independently run. That means they may not have the same bench of in-house specialists (like speech therapists) that a larger school district can draw on across several buildings. When that’s the case, a charter typically contracts out for those services rather than skipping them. But that can affect how consistently they’re delivered.

Whether general education and special education teachers at a charter school must be state-certified depends on state law. 

Some states hold charters to the same certification requirements as traditional public schools. Others give charters more flexibility. It’s worth checking your state’s rules and asking a specific charter school directly.

Because charters are public schools, they must provide 504 plans and classroom accommodations just like any other public school. 

Some charter schools specifically serve kids with ADHD, dyslexia, or other learning disabilities. But most charters are general-enrollment schools serving a broad population, just like a typical public school.

When you opt to send your child to a private school, you lose almost all of the rights and services of a public school. Private schools don’t work the same as public schools when it comes to special education. Here’s what actually applies.

Federal law requires public school districts to look for and evaluate students who may have a disability (Child Find). This applies to kids in private school, not just kids enrolled in the district’s schools. 

If you or your child’s teachers suspect a learning disability, you can request an evaluation. The district where the private school is located is responsible for arranging and paying for it. But it will typically consult with your child’s school first. It’s worth talking with your child’s teachers before you submit a formal request.

If your child is found eligible for special education, you can move them to your local public school and access the full range of services and protections IDEA guarantees. Or you can keep your child enrolled in private school and receive what’s called “equitable services” instead. The local education agency (LEA), which is usually your local school district, provides these services. 

Equitable servicesopens in a new tab are paid for with public funding set aside specifically for students with disabilities whose families have chosen private school. That pool of funding is smaller than what’s available in public school. And students aren’t entitled to all the special education services they would get at the public school. 

Students often receive less support than they would if they switched to the public school. For example, they might get fewer one-on-one sessions with a speech therapist.

If you keep your child in private school, the LEA may write a service plan (sometimes called an Individual Service Plan, or ISP) instead of an IEP. It’s much less comprehensive and doesn’t have to ensure that a child is provided with FAPE.

“A services plan is not an IEP,” Thomas emphasizes. “Children do not have an individual entitlement to the same services they would have received under an IEP.” He adds that what’s actually offered depends in part on how the district allocates the funds IDEA requires it to spend on this population. That means services can vary from district to district.

Public school special education teachers must meet standards set out in federal law (IDEA) and state education law. Private schools can set their own hiring standards. 

Staff at a school that specializes in teaching kids with learning disabilities are likely to have training comparable to that of staff at a public school. That’s far less certain at a school that doesn’t specialize. For example, a parochial school may have no staff trained in special education.

Most private schools will offer accommodations like extra time on tests or assistive technology. Some may allow a privately hired tutor to work with your child during the school day. But if your child’s needs are more significant, the school may recommend a public school with more resources.

During the evaluation process, the district determines your child’s eligibility for special education. It also decides on placement — the learning environment and services it considers appropriate — with parents involved in that decision. For most kids, appropriate placement is a general education classroom in the local public school. 

In some cases, a district agrees to an out-of-district placement, paying for a state-approved school that can meet needs the local school can’t. In this case, the private school must provide the services and address the goals of the IEP, not a service plan. 

If you and the district disagree about placement, one option is unilateral placement. This means enrolling your child in private school and then seeking reimbursement from the district. Getting that reimbursement typically requires pursuing a formal dispute resolution process, such as due process.

Once you know what rights each type of school provides, the real question is what your child specifically needs, and how much flexibility you have. 

When touring or vetting a school, Thomas suggests focusing on fundamentals: “What services they offer, how those services are provided, and who provides them.” He also recommends asking about the size of the school’s special education population, how they typically identify and serve student needs, and what happens when a student needs support the school doesn’t ordinarily provide.

Here are a few other questions worth considering: 

• How comprehensive are my child’s needs? Would equitable services and service plans at a private school be enough? 

• Am I open to switching schools to access more services?

• Does a school I’m considering specialize in neurodivergent kids? Or does it serve a general population?

• What are this school’s teacher certification practices, especially for special education staff?

• How much am I willing to pay? (Private school tuition is out of pocket. While an out-of-district placement may cover costs, districts will not pay costs when a parent has chosen a private school.)

• If I choose my child’s private school placement myself, am I willing to give up my IDEA rights?

There’s no easy way for you to decide. Each family and child is different. If guaranteed services matter most to your family, public and charter schools come with much stronger legal protections than private schools do. 

Thumbnail image credit: Courtney Hale via Getty Images