Do Charter Schools “Cherry Pick” Students? Let’s Tell the Real Story

One of the most persistent claims about charter schools is that they “cherry pick” their students, handpicking those who are already high performers, motivated, or less likely to have complex needs. To many in the public, this becomes a shorthand accusation: “Charters only take the easy ones, and push out the harder ones.”

And here’s the reality: that claim is completely false and often used to discredit the great work being done in charter schools across Indiana. For many who don’t fully understand charter schools, the idea that we only succeed because we “pick the easy kids” fits neatly into a narrative that undermines charters as public, equitable options.

It’s a powerful myth because it plays on people’s fears: that opportunity is being rationed, that some kids are welcomed while others are turned away. But the truth, backed by Indiana law and national policies, is very different.

What Indiana Law Actually Requires

Let’s start with the ground rules. In Indiana, charter schools operate under a public law framework that protects against selective admissions.

• Open enrollment requirement: Under Indiana Code § 20-24-5, a charter school “must enroll any eligible student who submits a timely application for enrollment.”
• Lottery when demand exceeds seats: If more students apply than there is space, the school must use a random, publicly verifiable drawing (i.e., lottery) to fill seats. No subjective decisions allowed.
• No discriminatory admissions policies allowed: Charter schools must follow all federal and state non-discrimination laws. They cannot deny applications based on race, income, language, disability, etc.

In short: if you apply, you get in (if there’s space). If there’s no space, you enter a lottery. You can’t be chosen because you're “more desirable.”

Thus, the law rejects the idea of picking and choosing on the basis of student background or "fit."

Why the Myth Persists (and What Schools Can Do About It)

Even though the law is clear, there are reasons people believe charter schools cherry pick. Understanding those helps us respond more compassionately and convincingly.

1. Self-selection and awareness bias

Families who actively seek out charter options tend to be more engaged or informed. If a school takes off, early adopters may be families who’ve already been doing research on school options (visiting schools, reading reviews, applying early). That can create a composition effect that looks like selective admission, even though the school isn’t doing the selecting.

What schools can do:

• Invest in community presence, show up at neighborhood events, churches, libraries, and sports fields.
• Market not just online, but where families naturally gather.
• Make sure families in your neighborhood know you’re an option. If local parents haven’t even heard of your school, that’s a problem.
  
  

2. Missions attract certain populations

Charters often define a mission, STEM, arts, language immersion, early college, etc. Those missions naturally draw families interested in those experiences. So you can get clustering around certain interests or backgrounds, but that clustering is driven by choice, not exclusion.

What schools can do:

• Tell your story clearly, but also show how your mission serves a broad range of students.
• Highlight examples of diverse learners thriving in your model (ELL students succeeding in STEM, or students with IEPs excelling in arts).
• Make sure your marketing and external communications highlight and showcase diverse perspectives and experiences.
  
  

3. Resource constraints and capacity decisions

Some charter schools cap specific grade levels due to space, staffing, or resources. When that happens, not all applicants can be accepted, not because of selection,  but because of capacity. The lottery is how that cap is handled.

What schools can do:

• Be transparent about capacity limits and how the lottery works.
• Communicate clearly with families on the waitlist—silence feeds suspicion.
• Ensure any enrollment priorities (siblings currently enrolled, children of staff) are public and clearly communicated.
• Share your growth plans so families see you’re working to expand access.
  
  

4. Turnover, retention, and re-enrollment

Sometimes critics conflate “students who leave or are not re-enrolled” with “students were excluded to begin with.” But attrition happens for many reasons, especially in areas with high mobility rates. These include reasons like relocation, family preference changes and unforeseen life events.

What schools can do:

• Track retention rates as closely as enrollment rates.
• Proactively ask families why they’re leaving. Exit surveys can reveal patterns.
• Build systems of support (transportation help, tutoring, flexible scheduling) that address barriers keeping students from staying.
  
  

What It Really Comes Down To

• Admission ≠ Selection. The difference is key. Charter schools enroll based on demand and chance (lottery), not subjective criteria.
• Equity constraints matter. Serving all students, including those with varied needs, is both a legal requirement and ethical commitment.
• Retention and support matter. Even open admissions don’t safeguard against attrition—schools have to work to stay connected with students and families.
• Narrative matters. Because the myth is persistent, charter leaders need to explain the process, share data, and show commitment to all students.

Final Thought

The notion that charter schools “cherry pick” students persists because it’s rooted in understandable skepticism, especially when we see success stories and strong outcomes. But the reality is more grounded in law, ethics, and real trade-offs. Charters don’t pick; they enroll. What they do choose is how to support, retain, and learn from every child who joins them.