Like all public schools, Florida’s charter schools must serve every student regardless of disability, and they are eligible for federal funding under Part B of the Individuals with Disabilities Education Act (IDEA) to supplement state funding for students with disabilities. Federal law requires the local education agency (LEA) — in Florida, usually the school district — to serve students with disabilities in charter schools “in the same manner” as in its other schools, through services, funds, or both. But federal and state rules leave districts broad discretion over how that happens, and charter schools often lack a clear picture of how IDEA Part B funds are allocated and whether they receive their equitable share.
In this policy brief, the Florida Charter Institute reviews the relevant federal regulations, Florida’s charter school statute, the Florida Standard Charter Contract and the state’s ESE Policies & Procedures, together with the 2024–25 IDEA Part B grant applications of 11 Florida school districts and input from charter school leaders across the state.
Key findings
- Services are counted twice. Several districts’ IDEA Part B applications list special education services — such as compliance reviews, evaluations, IEP support and professional development — that also appear in their reports of services charter schools already pay for through administrative fees. Because IDEA funds must supplement, not replace, existing funding, the two funding sources should cover separate and distinct services.
- Charter schools can’t verify what they receive. Budget narratives rarely explain how IDEA funds and services are allocated to charter schools, sometimes naming only a few individual schools. Charter schools have no reliable way to confirm they are served equitably compared with district-operated schools.
- State guidance has gaps. Florida’s charter statute focuses on reimbursing federal funds but does not spell out charter schools’ right to equitable services, and the state’s ESE Policies & Procedures do not describe a process or formula for how charter schools share in IDEA Part B funding.
Recommendations
For the Florida Department of Education
- Consider updating state law to guarantee charter schools’ legal right to equitable IDEA funding.
- Distinguish the services for students with disabilities funded by administrative fees from those funded by IDEA.
- Revise the ESE Policies & Procedures regarding charter schools and IDEA funding.
- Update the IDEA grant application to ensure charter schools’ equitable access to IDEA funding.
For local education agencies
- Consult charter schools regarding IDEA funding.
For charter schools
- Review your LEA’s IDEA grant application annually.
- Participate in the development of your LEA’s ESE Policies & Procedures.
Read the full brief below for the policy review, district-by-district evidence and detailed recommendations.