Haven Charter Schools: Separate by Design and Legally Questionable

Abstract

This article examines the legal and policy complexities involved with students who are self-selecting into haven charter schools. Haven charter schools are those that intend to create a safe place for students with complex histories who may have been intimidated by a dominant group in their former schools. For the purpose of this study, haven charter schools are grouped into the following three categories:(1) ability-focused charters schools (e.g., specials needs); (2) culture-focused charter schools (e.g., Native-American, Hawaiian, Hebrew, Latino); and (3) gender-or sexual orientation based charter schools. After providing relevant background information and examining related literature, this article analyzes how recent courts have addressed legal challenges to this form of de facto segregation in charter schools and how these court opinions may inform policy debates about haven charter schools.

Race, Geography, and School Choice Policy: A Critical Analysis of Detroit Students’ Suburban School Choices

“…On the "supply side," how do charter schools respond to racial geography when making strategic decisions about location and student recruitment (Riel, 2021)? Do these decisions vary based on their mission or profit orientation (Henig et al, 2005), target populations (Eckes, 2015), connection to a local or national network (Gulosino & Miron, 2020), or perceptions of the competitive market environment (Jabbar, 2016)? How does the existing physical infrastructure affect those decisions (James- Wilson, 2020)?…”

“…Our use of the term predatory landscapes is not meant to suggest that leaders of every charter school or suburban public school district recruiting racially minoritized (and socioeconomically disadvantaged) families from urban districts are acting with exploitative intent (Henig et al, 2005); nor is it meant to diminish the agency of families who choose those schools (Cooper, 2005; Pedroni, 2006). Indeed, schools of choice may still serve the public good for distinct communities (Eckes, 2015; Wilson, 2016). Rather, as Wells et al (1999) write, school choice presents a “postmodern paradox,” in which schools of choice can simultaneously be “localized projects that celebrate difference over uniformity and fight for cultural recognition” and part of “larger global trends of less redistribution and more privatization” that exacerbate inequality (p. 174).…”

Enrollment of students with disabilities in charter schools: Contemporary national and state level findings

“…In acknowledging this potential for the needs of children with disabilities to exceed resources available at charter schools, special education cooperatives like those utilized across rural school districts have been suggested as a solution (O'Neill & Rhim, 2015). Conversely, it is important to acknowledge the emerging role of niche or haven charter schools in serving the needs of students with disabilities such as charter schools specifically for students with Autism Spectrum Disorder (Decker, Seitz, & Kulwicki, 2015;Eckes, 2015), which may be better prepared to serve the needs of these children more adequately than public non-charter schools. We can acknowledge some merit to this argument but we can not accept it at face value given the history of how individuals with disabilities have been treated by our educational system and broader society, thus we must be cautious in our evaluation of these schools.…”

Market Pressure and Arizona Public School Leaders: “That Package is Like a Brand New Cadillac!”

“…These might include district schools or charter schools that serve the public in ways that support certain cultures, learning interests, and abilities via centric schools (Eckes, 2015;Fox & Buchanan, 2014). In other instances, schools may assume a role in positively supporting students who may not feel welcome elsewhere (Bloom, 2013).…”