AB 84’s Silent Strike on Special Education

AB 84’s Silent Strike: How This Bill Hurts Students with Disabilities

The bill’s author claims AB 84 won’t impact special education or cut SPED funding, but the reality tells a different story: by slashing general funds and banning the use of vendors, this bill directly threatens the services students with disabilities rely on every day.

Charter Schools Serve Students with Disabilities: Just Like Districts Do

• Charter schools are public schools and are legally required to provide special education services under state and federal law.
• We serve students with a wide range of disabilities, including those with IEPs that require specialized instruction, therapies, and support.
• Many families choose charter schools after their children struggled in traditional settings. Charter programs offer flexible, student-centered support that often works better for students who need something different.

The number of students with disabilities in charter schools is growing and families choose them for a reason

• In the 2020–21 school year, California charter schools enrolled over 418,000 students with disabilities, representing 11.5% of all charter school students.
• That number has steadily increased each year as more families recognize how individualized learning plans, created in partnership with credentialed teachers and SPED professionals, can better support their children’s needs.
• Charter schools, particularly non-classroom-based models, are increasingly chosen by families looking for customized, responsive educational environments for their children with IEPs.
  
  • Non-classroom-based charter schools, in particular, build learning plans with parents and credentialed teachers, tailored to meet each student’s unique needs.

Special Education is Underfunded and AB 84 Makes It Worse

• State and federal special education funding does not cover the full cost of services. Charter schools must use general education funds to make up the difference.
• AB 84 directly threatens these funds in two ways:
  
  1. Bans the use of vendors: It bans the use of vendors, even though many charter schools rely on them to provide SPED services due to the severe statewide shortage of credentialed professionals.
  2. Cuts general education funding: It proposes up to 30% cuts to funding for non-classroom-based charter schools, the very schools that often serve students through flexible, personalized instructional models.
• These changes would cripple charter schools and their ability to provide legally required services to students with IEPs.

Special Education (SPED) Funding Deficit – Year-Over-Year Comparison for Three Southern California Charter Schools

Across all three sample schools, special education funding deficits have grown significantly each year. The most severe increase in unmet need occurred at School 1 in FY 2024–25, in part due to rising enrollment of students with IEPs who left district programs.

School 1

• FY 2022–23: (-$138,637.70)
• FY 2023–24: (-$211,488.53)
  Deficit worsened by $72,850.83‍
• FY 2024–25: (-$1,005,628.10)
  Deficit worsened by $794,139.57
  Note: This sharp rise is driven by a surge in SPED enrollment from families exiting district schools

School 2

• FY 2022–23: (-$258,235.32)
• FY 2023–24: (-$303,654.09)
  Deficit worsened by $45,418.77‍
• FY 2024–25: (-$357,101.63)Deficit worsened by $53,447.54

School 3

• FY 2022–23: (-$454,782.16)
• FY 2023–24: (-$484,055.06)
  Deficit worsened by $29,272.90‍
• FY 2024–25: (-$586,870.86)
  Deficit worsened by $102,815.80

Special Education Deficits are Rising Every Year, Placing an Unsustainable Burden on School Budgets

The sharpest increase occurred at School 1, where more families transferred from traditional districts, a clear sign that families are seeking better support for their children.

This isn’t a coincidence. It’s a response to systems that failed them. AB 84 punishes that choice.

These trends highlight an urgent need for equitable, sustainable special education funding that reflects the real cost of services.

No student should lose legally required services because their parents chose a better educational fit.

Charters Rely on Vendors Because There’s a Shortage of Credentialed SPED Staff

• The Nation and California face a statewide shortage of special education professionals, speech therapists, occupational therapists, aides, and more.
• Charter schools frequently rely on independent contractors and vendors to fill these critical gaps and ensure students receive the services outlined in their IEPs, especially in rural or underserved areas.

• AB 84 would ban or severely limit our ability to work with vendors, leaving students without legally required services that they need.

Debunking the “Cherry-Picking” Myth

• Charter schools do NOT cherry-pick students. We are public schools that accept all students, regardless of disability, background, or academic history.
• We cannot deny enrollment based on disability, academic performance, or behavior.
• If more students apply than there are spaces, we hold random public lotteries, we are not allowed to screen or select students based on ability or need.
• Many of our students with disabilities come to us after struggling elsewhere. We welcome them and work closely with families to support their growth.

What Happens When Parents Lose a Safe and Supportive Option?‍

For many families of children with special needs, non-classroom-based charter schools aren’t just a preference, they’re a lifeline. These schools offer flexible environments, individualized pacing, and a collaborative approach that isn’t always possible in traditional school settings. Most importantly, they foster a sense of partnership, where parents are active participants in their child’s educational journey, not sidelined by rigid systems.

If AB 84 dismantles this model by restricting access to parent-directed funds and prohibiting instruction or services from outside vendors who are not credentialed employees of the school, families will walk away. But they won’t walk into district schools. Many will file a Private School Affidavit (PSA) to homeschool independently.

And when they do, a serious shift occurs:

    •    The charter school is no longer responsible for providing special education services.

    •    The local district inherits that responsibility under federal law (Child Find and FAPE), even though:

    •    The student isn’t enrolled in the district.

    •    The district receives no ADA funding for the student.

    •    The family has intentionally opted out of district services.

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This is not a hypothetical scenario. It’s already happening, and AB 84 will only accelerate it.

Districts will be left with legal obligations but no resources, families will lose the collaborative model they trusted, and children with special needs risk falling through the cracks.

Rather than eliminating a model that works, we should be investing in it, strengthening partnerships between schools and families to better serve every learner.

What Legislators Need to Know and Share With Each Other

AB 84 is not just a policy issue; it’s a real threat to vulnerable students who rely on flexible support.

• Charter schools are serving more students with disabilities every year.
• Families are choosing charter programs because of the individualized support.
• AB 84 would reduce charter schools’ ability to serve these students.
• Removing vendor access and slashing funding during a staffing shortage harms kids.
• Charter schools are proud to support students with IEPs, but we need the flexibility and funding to keep doing it well.
• If this model is eliminated, many families will file Private School Affidavits, leaving districts legally responsible for special education services without any ADA funding.
• AB 84 will shift the financial burden to local districts and push students with disabilities into service gaps.

Please vote NO on AB 84 or abstain, and stand up for families of students with disabilities who chose charter schools for the support their children need.

Families: Make Your Voice Heard!

Tell Your Story

Legislators need to hear from you. Share your reasons for choosing a charter homeschool, how it has supported your child, and why California must continue offering non-classroom-based charter schools.

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‍Sample Call in Script

Hello, my name is [Your Name], and I’m a California parent calling about Assembly Bill 84.

The bill’s author claims AB 84 won’t impact special education, but that’s simply not true.

This bill would slash general funds used to provide SPED services and ban the use of vendors, even though charter schools rely on those partnerships to serve students with IEPs, especially during a statewide staffing shortage.

Charter schools are public schools that serve students with disabilities, just like districts. Families like mine choose these schools because they offer flexible, individualized support that helps our children thrive.

AB 84 would make it harder for schools to legally support students with disabilities, and that’s unacceptable.

Students with disabilities are not political bargaining chips.

Please vote NO or abstain on AB 84. Thank you for standing with families like mine.

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‍Sample Letter or Email

Subject: AB 84 Will Hurt Students with Disabilities – Please Vote NO

Dear [Assemblymember/Senator Last Name],

My name is [Your Name], and I’m a [parent/educator/community member] in [Your City]. I’m writing to express deep concern about Assembly Bill 84.

The author of this bill claims it won’t affect special education, but the truth is, it absolutely will.

AB 84 would:

• Slash general education funding that charter schools use to provide SPED services
• Ban the use of vendors, even though we rely on them to meet IEP requirements during a severe staffing shortage

Charter schools are legally obligated to provide special education services, just like district schools. But the state and federal government don’t fully fund those services, so we use general funds to fill the gap. If AB 84 passes, the gap becomes a canyon.

In one local charter school this past year the special education deficit grew by more than $794,000 in one year due to rising enrollment of students with disabilities. Families are turning to charter schools because traditional settings didn’t meet their children’s needs. AB 84 punishes those families, and puts their children’s services at risk.

Students with disabilities are not political bargaining chips.

Please don’t let this happen. Vote NO or abstain on AB 84. Protect students with disabilities and the schools that serve them.

Sincerely,
[Your Full Name]
[City, ZIP Code]
[Optional: Share your story or personal reason for opposing the bill]

Not sure who represents you?

‍Find your Assemblymember or Senator: https://findyourrep.legislature.ca.gov

What to Do If Your Assembly or Senate Seat Is Vacant

If your Assemblymember or State Senator seat is currently vacant, you still have a voice and it deserves to be heard. When you don’t have direct representation, it’s important to contact the leadership of each chamber and ask them to represent your region’s concerns.

Step 1: Let them know you don’t currently have a representative due to a vacancy.

Step 2: Ask them to oppose AB 84 on your behalf as a resident and voter in California.

Step 3: Be sure to include your ZIP code and city so your concern is logged for your region.

Speaker of the Assembly – Robert Rivas

• Mailing Address:
  State Capitol
  P.O. Box 942849
  Sacramento, CA 94249-0029
• Phone: (916) 319-2029
• Fax: (916) 319-2129‍
• Website: speaker.asmdc.org

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Senate President pro Tempore – Mike McGuire

• Office Address:
  1021 O Street, Suite 8518
  Sacramento, CA 95814
• Phone: (916) 651-4002‍
• Website: sd02.senate.ca.gov