Every time I assert that charter schools are public schools, free and open to all students, I get a predictable line of pushback. “Well, that may be true on paper,” people will say. “But they don’t really accept every student.”

Sometimes they go on to offer examples. Saying charter schools nudge interested parents away from enrolling. Or that they cater to whiter, wealthier students. Or that they wield discipline as a cudgel to get rid of the students they don’t want, especially right after count day.

The implication being that these issues are rampant, defining the sector both locally in Indianapolis and nationwide. Matched with the equally loud implication: traditional public schools would never deny a student from enrolling.

Now, I have heard credible stories from both parents and educators about situations where, if a student wasn’t outright denied enrollment, they were strongly guided away from enrolling in a particular charter school. They were made to feel as if the school “wasn’t for them.” The existence of such stories should deeply anger us, especially those of us who believe charters are a net positive for Indianapolis’ education ecosystem.

But too often what people are concerned about happening at charter schools is largely a specter. Exceptions rather than the rule. Existent, but not endemic. And what they believe could never happen at a traditional public school does happen. Just as often, if not more frequently, than it does at charter schools.

Enrollment Denied

I’m not going to dwell in the realm of anecdote. I’m only going to highlight examples where robust evidence exists that traditional public schools do not live up to their mandate to serve every eligible student who tries to enroll. And I’m going to do it to ultimately circle back to a core principle I hope more education advocates put front and center.

Immigrant Students – A Nationwide Example

My first example comes from an investigation conducted by The 74, whose results were published in mid-2024. I wrote in-depth about the investigation back then. But the gist of it is this: The 74 found over 300 schools tested in their study outright rejected a prospective immigrant student that they were legally required to admit and educate.

Here’s a bit more from my previous piece on the matter:

The 74 ultimately found enrollment practices to be “arbitrary” and “unpredictable.” Interactions with school personnel were often “rife with bad information.” And schools that did allow the student to enroll tended to do so grudgingly or made clear the student would receive “disparate treatment,” which just so happens to be illegal under federal civil rights law.

Free? Open to all? The law couldn’t stop hundreds of public schools nationwide (including multiple in the study from right here in Indiana) from denying a student who had every legal right to enroll.

Students With Disabilities – A Statewide Example

My next example comes from a single state: Nebraska (where, keep in mind, charter schools do not exist yet). The Flatwater Press teamed up with The 74 to produce reporting with the following headline: “Despite the Law, Nebraska School Districts Denied Transfers to Special Ed Kids.”

Kind of says it all, right? But let’s unpack that a little more. First, there’s a law in Nebraska that allows students to transfer from one public school district to another. It’s come to be known as “option enrollment” in the state, which some 25,000 students take advantage of every year.

Under this law, school districts do not have to enroll every student who tries to switch districts. But they cannot deny a student on the basis of their disability. Despite that, during the 2023-24 school year, 40 different districts across Nebraska “rejected only kids with disabilities while accepting option applications from other students.” It’s impossible that’s coincidence given the scale we’re talking about.

These schools are cherry-picking the students they want and leaving the rest (in this case, just the students with disabilities) in the lurch.

The Bottom Line

I bring these examples up not to bash public schools or laud charter schools as somehow immune from nefarious enrollment behaviors. But I do think traditional public school advocates need to ask themselves: are you pro-student or just anti-charter?

Because I see a lot of energy devoted to slandering charter schools for something that might be true or is only true in isolated instances. And I see very little energy devoted to correcting system-wide failures among traditional public schools.

Students being denied access to a public school they have every legal and human right to attend is wrong. Full stop. So let’s correct it everywhere it shows up. Let’s apply the standard that public schools are free and open to all to all public schools. Not just tell ghost stories about charter schools while ignoring the very real discrimination taking place at traditional public schools.