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| State | # of Schools/Students | Application | Appeals & Approval | ||
| School Limit | Student Limit | Eligible Operators | Sponsors | Appeals | |
| Alaska | 30 (limits are defined geographically) | None | Anyone; law does not specify | Local school board; subject to state school board approval | None |
| Arizona | 25 SEA per year 25 charter board per year; no limit on local board-sponsored schools | None | Public body, private person or private organization | Local school board, state board of education or state charter school board | May apply to other sponsor |
| Arkansas | None | None | Existing public school | State board with approval of local board | None; SEA may request hearing but cannot overturn a decision |
| California | 250 charter schools for the 1998-99 school year with an additional 100 charter schools per school year thereafter | None | Existing public schools; new start-ups; no private or home-based schools allowed | Local school board, county board of education, state board of education | May apply to other sponsor |
| Colorado | None | None | Anyone; no private or home schools | Local school board | None |
| Connecticut | 24 schools (distinction between local and state and number in congressional district removed in 1997) | No state school can enroll more than 250 students or 25% of the district enrollment, whichever is less | Anyone; no private or home schools | Local or state school board | None |
| Delaware | No statewide limit, but limited five schools per year for the first three years | None; must serve at least 200 students (waiver for at-risk) | Any person, university, college or nonreligious, nonhome-based, nonsectarian entity | LEA or SEA (local board only for conversions) | None |
| District of Columbia | For FY97, 10 schools per board, for total of 20 schools per year | None | Anyone; no home schools | D.C Board or Education; Public Charter School Board | None |
| Florida | Limits defined according to district student enrollment; district may request cap waiver from State Board of Education | None | Anyone; no private or home schools; private schools may disband and reincorporate as charter school | LEA, state universities developmental research schools in consultation with local board | Appeal to SEA; District makes final decision |
| Georgia | None | None | Local school, private organization, or state or local public entity. No private or home schools. | SEA with LEA approval. | The state board may still grant a charter if the local school board does not approve of the application. |
| Hawaii | 25 | None | Existing public school | SEA | None
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| Idaho | Not more that 60 schools in the first five years; not more that 12 schools per year; not more than 2 schools within an educational classification region; not more that 1 school per district in a year. If fewer than 12 applications, the unused allotments shall be assigned to a statewide pool for other requesting districts with distribution to be determined by random drawing. | None | Any person. No private or home school; for profits cannot operate charter schools. | Local School Board | Appeal to a hearing officer selected by the start superintendent of public instruction. if the decision is not reversed, an appeal to the state board of education with sponsorship of the school under the state board of education. |
| Illinois | 45 with distribution based on population | None | Teachers, administrators, local school councils, colleges or universities, public community colleges, corporations or other entities; no private or home schools | LEA with SEA review for compliance with law | Appeal to state board; recommendation is nonbinding |
| Kansas | 15 | None | Anyone; no private or home schools | LEA with SEA review for adherence to state laws, rules and regulations | None |
| Louisiana | 42 (no more than 20 prior to February 1, 1998) | None | Three or more certified teachers alone or partnership with 10 or more citizens, public service organization, business or corporation, college or university, or faculty and staff of any city or parish or any LEA; no private of home schools | LEA or SEA depending on type of charter
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None |
| Massachusetts | 50 (13 of which must be Horace Mann conversion schools) | No more that 25% of the total number of students attending public schools in the state | A business, two or more teachers, 10 or more parents or others; no private or home schools | State secretary of education (Horace Mann schools also must be approved by local district and local collective bargaining agent) | None |
| Michigan | None; state university can sponsor 150 through 1999 | None | Any person or entity | Local school board, intermediate school board, community college or state public university | None |
| Minnesota | None | None | One or more licensed teachers; no home schools | LEA, community colleges, state university, technical and private colleges; SEA must approve all schools | If local board denies application, and at least two members vote to sponsor, state may choose to sponsor |
| Mississippi | Six (one in each congressional district) | None | Existing public schools | SEA with approval by LEA in district where the charter is located | None |
| Nevada | 21 (allocated based on county population); unlimited number serving at-risk students | None | At least three licensed teachers alone or in partnership with: 10 or more members of general public, organization devoted to serving the general public, private business or college or university; no private or home schools | LEA after receiving permission from SEA to solicit applications; charter also must be approved by SEA | None |
| New Hampshire | Five prior to 1/1/97; 10 per year through 1999; law defines geographical limitations | School districts may impose limits | Nonprofit organizations, two or more certified teachers, 10 or more parents; no nonpublic or home schools | LEA with state then granting or denying proposed contract | SEA which may then approve and grant charter |
| New Jersey | 135 (12.95-12/97) Minimum of three schools allocated to each county | No more than 500 students or 25% of student body of school district, whichever is less | Teachers and/or parents of public school children; higher education institutions and/or private entities may join teachers and parents; no private or home schools | Commissioner and local board or state superintendent in state-operated school district; commissioner has final authority | SEA within 30 days or |
| New Mexico | Five | None | Existing public schools | SEA | None |
| North Carolina | 100 (five per district per year) | Charter must enroll 65 students and have at least three teachers (can request waiver in application with compelling reason) | Anyone; no home schools | SEA, LEA or state university; final approval by SEA | SEA which may approve charter |
| Ohio | 20 start-ups in Lucas County; unlimited conversions in all school districts statewide; unlimited in "Big Eight" school districts | Schools must have minimum of 25 students | Anyone; no home schools | City, local, exempted village or joint vocational board of education; statewide SEA for Big Eight districts only; Lucas County Education Service Center and the University of Toledo in Lucas County only | None |
| Pennsylvania | None | None | Individual; one or more teachers who will teach at proposed school; parents or guardians of students who will attend school; any nonsectarian university or museum; any nonprofit, corporation, association, partnership or combination thereof; no private or home schools | LEA, two or more local boards may grant regional charter beginning in 1999-2000 school year | State Charter School Appeal Board (with 2% or 1,000 district resident signatures whichever is less after 7/1/99) |
| Rhode Island | 20 (no more than 2 per district or four in districts with over 20,000 students) | No more than 6% of state's school-age population | Existing public schools, groups of public school personnel or public school districts; no private or home schools | State board of regents with approval from commissioner of elementary and secondary education or LEA | None |
| South Carolina | None | None | Anyone; no home schools | LEA | SEA |
| Texas | 120 SEA approved; unlimited local sponsored and at-risk | None | Public or private higher education institutions, nonprofit organizations, government entities, groups of parents or teachers; no home schools | LEA; SEA for open-enrollment charters | None |
| Utah | 8 for a three year pilot program | None | An individual or group of individuals, including teachers and parents or guardians of students who will attend the school, or a not-for-profit legal entity organized under the laws of the state. No private or home schools. | State board of education. The local board will review the application and may offer suggestions or recommendations to which the state board shall give due consideration. | None (final action subject to judicial review). |
| Virginia | The total number of schools shall not exceed ten percent of the school division's total number of school, or two charter schools, whichever is greater. Local school boards are authorized to limit the number of charter schools. | None | Any person, group or organization. No private or home schools. | Local school district. | None |
| Wisconsin | 20 (10 districts may sponsor up to two schools each) | None | Anyone, but petition must be signed by 10% of teachers employed by district or 50% of teachers employed at one school; no private or home schools. | LEA applies to state superintendent for approval to sponsor; schools apply to local board; mayor can sponsor in Milwaukee | None (except in Milwaukee) |
| Wyoming | None | None | Anyone, but petition must be signed by 10% of the district's teachers or 50% of the teachers in a school, and by 10% of parents of pupils in districts or 50% of parents of students in school; no private or home schools. | LEA | None |
[Appendix Table C. State-by-State Analysis of Charter School Laws, Autonomy/Regulation]
This page was last updated January 9, 2002 (jca)