The US charter school movement is based upon the supposition that granting individual public schools increased autonomy from state and district rules and regulations in exchange for more accountability will foster the creation of innovative, effective and efficient schools. However, while state charter school laws free these schools from various state and district rules and regulations, the schools must still operate within the civil rights parameters legislated by federal statutes. Of particular import are federal laws that guarantee that children with disabilities receive a free appropriate public education. Project SEARCH, a 3 year qualitative study of special education in US charter schools revealed that there is a fundamental philosophical gap between the individualised, autonomous nature of charter schools and the highly regulated nature of special education. The philosophical gap is complicated by some charter schools' inability to amass the fiscal and human capacity needed to meet the needs of individual children with disabilities.