The Price of Parental Choice: Legal Issues Facing Two Types of Niche Charter Schools

• In Event: Roundtable Session 17
  In Roundtable Session: Legal Trends in Education

Abstract

This study contributes to the emerging literature on niche charter schools, a subset of charter schools with missions designed around a particular theme, culture, language, or heritage. While these schools may be affording families unique educational opportunities unavailable at traditional public schools, they may also be vulnerable to legal challenges. To analyze the legal issues, this study examines two types of niche charter schools and concludes that charter schools designed to serve students with autism may be violating constitutional and statutory law. Additionally, Catholic-conversion charter schools lack clear guidance about how to avoid issues surrounding excessive entanglement between church and state. Recommendations are provided about how policy and practice should evolve to respond to these legal issues.

Authors

• Janet R. Decker, Indiana University - Bloomington

• Kari A Carr, Indiana University - Bloomington

• Keshia Seitz