ELC filed a complaint in Pennsylvania’s Common Pleas Court on October 17, 2019, on behalf of a first-grade student who was illegally denied enrollment in a public charter school on the basis of her disability. ELC contends that this action by Mathematics, Civics and Sciences Charter School (MCSCS) of Philadelphia violates the child’s rights under state law.
“This is a glaring example of explicit and illegal discrimination,” said Margie Wakelin, staff attorney at the Education Law Center. “Unfortunately, it is not an isolated case. Charter schools, just like district schools, need to serve students with disabilities and cannot turn them away.”
ELC filed a petition for a preliminary injunction along with the complaint, seeking a court order directing MCSCS to enroll the student immediately. MCSCS enrolls a tiny percentage of students with disabilities, far below the average percentage of students with IEPs for all charter schools in Philadelphia.