Last Updated on January 16, 2026 by Michelle Ball

Charter schools are public schools, and can be wonderful alternatives to the typical public school. ANY California student can apply to attend any California charter, even if the school is outside their school district.

Charters cannot discriminate in who they accept. So they can’t say, “no disabled students can come here,” period.

But sometimes, regardless of the law, they do.

A Real Life Example

I was shocked when a parent revealed several local charter schools were screening out disabled students during their application processes. To make matters worse, they were then putting Autistic and any other disabled students on a separate special education student waiting list and refusing to place them in literal open spots.

Special education students were also not included equally in charter entrance lotteries. Instead, disabled students were given a measly number of spots and could not get in unless one of those limited special education spots opened up. My head was spinning.

This was blatantly discriminatory conduct. Yet, the district supported and rudely defended their gross practices up to the very top. Regardless of charter school staff wanting to let all students in, they were essentially banned by the district from letting students in if they had disabilities!

My surprise grew when the district and their attorney refused to correct the matter, despite very clear law prohibiting it, which I provided to them.

UCP Process May Be Needed

We were forced, after the district’s rude dismissal of our clear legal claims, to pursue the Uniform Complaint Process (UCP). Not surprisingly, the incompetent investigator (a principal in the district) concocted a wild twisty argument to justify her employer’s illegal conduct which did not make sense.

We appealed to the CDE (California Department of Education), who agreed 100% with us and found for my young client. The student was admitted the next week… What a relief!

California and Federal Law Prohibit Charters From Asking About Student Disabilities During Admission Process

Asking parents about a student’s disabilities during the charter application process is not allowed. Charters are public schools and cannot screen out special needs students if they qualify for entrance. Their status as a disabled student is not a valid consideration, nor can it be used to exclude them from enrollment. Just as a special needs student could attend their local school, they can also attend a charter and no screening out of Autistic, Emotionally Disabled, or other special education students is allowed.

In its publication, Know Your Rights: Students with Disabilities in Charter Schools, the United States Department of Education states:

Section 504 provides that a charter school’s admission criteria may not exclude or discriminate against individuals on the basis of disability, and that a school may not discriminate in its admissions process.
– During the admissions process, a charter school generally may not ask a prospective student if he or she has a disability. Limited exceptions include that, if a school is chartered to serve students with a specific disability, the school may ask prospective students if they have that disability.
– When a student with a disability is admitted to and enrolls in a charter school, the student is entitled to FAPE [Free and Appropriate Public Education] under Section 504. After enrollment, a charter school may ask if a student has a disability, which includes, e.g., whether a student has an individualized education program (IEP) or Section 504 plan. [bolding added]

No charter may do a pre-screening of students to find out if they have disabling conditions, period. They instead have to accept all applications, and treat everyone the same in determining admissions.

Charters Can’t Put Disabled Students into Separate Lotteries

Charter schools also cannot segregate students in their entrance lottery.

The district I dealt with excluded special education students from the general entrance lottery. Instead, special ed kids had a separate admission lottery for a much smaller number of spots. They even had their own “separate but equal” type of disabled kids waiting list. Students with IEPs (Individualized Education Programs) could only get in if a designated special ed spot opened up!

California Education Code section 47605, as well as federal disability laws, prohibit this discrimination. Special ed students cannot be treated differently based on their disabilities in charter entrance processes, period.

Parents Can File a UCP Complaint

Parents facing discrimination in charter schools, or during a charter application process, can pursue a UCP complaint (share your receipts). They can also appeal to the CDE if their district denies the UCP.

If you have found your child excluded or waitlisted only due to their status as a special needs student (or other illegal category such as race, ethnicity, gender, etc.), the UCP process should probably be explored.

Good luck!

Michelle Ball is a student attorney located in the Sacramento Valley, in northern California. She can help with charter school and other issues anywhere in the state and has helped families for over 30 years as a lawyer for students. She can assist in El Dorado Hills, Carmel, Los Angeles, Monterey, Roseville, Tahoe, and throughout the Golden State.