A r c h i v e d  I n f o r m a t i o n

Appendix A. - Legislative Examples

This appendix offers examples of legislation that address the issues or "considerations" discussed in this document. They are included as references for policymakers. Please note, numbers under each consideration correspond to numbers in previous text that deal with each issue.

Charter School Basics

Types of Charter Schools Permissible

2. Both newly created and pre-existing public, but not private, schools can become charter schools:

North Carolina: 115C-238.29B (a)

Any person, group of persons or nonprofit corporation seeking to establish a charter school within a local school administrative unit may apply to establish a charter school on behalf of a private nonprofit corporation. If the applicant seeks to convert a public school to a charter school, the application shall include a statement signed by a majority of the teachers and instructional support personnel currently employed at the school indicating that they favor the conversion and evidence that a significant number of parents of children enrolled in the school favor conversion.

Legal Status of Charters

1. Charter schools should be part of the local district:

Wisconsin: 118.40(7)(a)

A charter school is an instrumentality of the school district in which it is located, and the school board of that school district shall employ all personnel for the charter school.

2. Charter schools should be legally independent:

Minnesota: 120.064 Subd. 4(a)

The school shall be organized and operated as a cooperative under chapter 308A or nonprofit corporation under chapter 317A.

Students

Populations Served

1. Charter schools should serve all students:

Massachusetts: 71-89 (f) (10)

Charter schools shall be open to all students, on a space available basis, and shall not discriminate on the basis of race, color, national origin, creed, sex, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need or proficiency in the English language, and academic achievement. Charter schools may limit enrollment to specific grade levels or areas of focus of the school, such as mathematics, science or the arts.

2. Charter schools should serve all students with a special focus on specific populations:

Colorado: 22-30.5-103 (a)/22-30.5-109(a) and (b)

At-risk "pupil" means a pupil who, because of physical, emotional, socioeconomic or cultural factors, is less likely to succeed in a conventional educational environment.

No more than 50 charters shall be granted prior to July 1, 1997, and at least 13 of said 50 charters shall be reserved for charter school applications which are designed to increase the educational opportunities of at-risk pupils, as defined in section 22-30.5-103. Local boards of education which grant charter school applications shall report such action to the state board and shall specify whether or not such school is designated to increase the educational opportunities of at-risk pupils. The state board shall promptly notify the board of education of each school district when the limits specified in paragraph (a) of this subsection (2) have been reached.

Number of Schools and Students (Legislative Caps)

2. Limit the number of charter schools in the state:

Connecticut: 10-66bb(c)

The State Board of Education shall review, annually, all applications and grant charters, provided for the period from July 1, 1997, to June 30, 1999, (1) no more than twenty-four charters for charter schools . . .

Alaska: CS 88 Section(A)

The State Board of Education may not approve more than 30 charter schools to operate in the state at any one time and shall approve charter schools in a geographically balanced manner as follows: not more than 10 schools in Anchorage; not more than five schools in Fairbanks; not more than three schools in the Mantanuska-Susitna Borough; not more than three schools in the Kenai Peninsula Borough; not more than two schools in the City and Borough of Juneau; not more than seven schools located in other areas of the state, and these seven schools shall be allocated as nearly as possible in a geographically balanced manner throughout the rest of the state.

4. Limit the total number of students:

New Jersey: 18A:36A-4(e)

A charter school established during the 48 months following the effective date of this act, other than a currently existing public school which becomes a charter school pursuant to the provisions of subsection b. of section of this act, shall not have an enrollment in excess of 500 students or greater than 25 percent of the student body of the school district in which the charter school is established, whichever is less.

Sponsorship

Sponsorship of Charter Schools

1. Local education agency sponsorship only:

South Carolina: 59-40-70(E)

If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which shall constitute a contract with the charter committee of the charter school. A copy of the charter shall be filed with the State Board of Education.

2. State education agency sponsorship only:

New Mexico: 22-8A-4(A)/22-8A-5(A)

The state board may authorize any school within local school districts to become a charter school. Individual schools wishing to become charter schools shall apply through their local school board to the state board for authorization to become charter schools. In transmitting the application to the state board, the local school board may include a recommendation regarding the establishment of that charter school.

3. Sponsorship by both state and local education agencies:

Delaware: 14-5-511

Charter school applications shall be submitted to a local school board or the state board for approval as an approving authority. The approving authority shall be responsible for approval of the charter school pursuant to this section and for continuing oversight of each charter school it approves.

4. Sponsorship by multiple sponsors:

Arizona: 15-183C

The sponsor of a charter school may be either a school district governing board, the State Board of Education or the state board for charter schools, subject to the following requirements.

Charter School Organizers

1. Place no limitations on who can organize and apply for a charter school:

Kansas: 72-9901-4(b)

A petition for the establishment of a charter school may be prepared and submitted to the board of education of a school district by or on behalf of a school building or school district employees group, an educational services contractor, or any other person or entity. Any such petition shall be submitted by not later than December 1 of the school year preceding the school year in which the charter school is proposed to be established.

2. Set some limitations on who can organize and apply for a charter school:

Nevada: 386-8 et seq

A committee to form a charter school must consist of at least three licensed teachers alone or in combination with:

1. Ten or more members of the general public;
2. Representatives of an organization devoted to service to the general public;
3. Representatives of a private business; or
4. Representatives of a college or university within the university and community college system of Nevada

3. Only pre-existing public schools can organize and apply for a charter school:

Hawaii: 296-102(a)

Any public school, up to a total of twenty-five schools, may establish a student-centered school; provided that . . .

Appeals

Appeals Process

2. Provide an appeals process that reviews both the chartering process and the charter application:

Colorado: 22-30.5-108(1)

Acting pursuant to its supervisory power as provided in section 1 of article IX of the state constitution, the state board, upon receipt of a notice of appeal or upon its own motion, may review decisions of any local board of education concerning charter schools in accordance with the provisions of this section.

Florida: 96-186(4)(d)

The Department of Education may provide technical assistance to an applicant upon written request.

Finance and Fund Raising

Funding Approach

1. Receive funding directly from the state:

Arizona: 15-185(H)

The State Board of Education shall apportion state aid from the appropriations made for such purposes to the state treasurer for disbursement to the counties for the charter school in each county that is sponsored by the state board of education or the state board for charter schools in an amount as determined by this subsection.

2. Receive funding from the sponsoring agency:

Texas: 12.107(a)

Except as provided by subsection (b), an open-enrollment charter school is entitled to receive tuition from the school district in which a student attending the school resides in an amount equal to the quotient of the tax revenue collected by the school district for maintenance and operations for the school year for which tuition is being paid divided by the sum of the number of students enrolled in the district as reported in the Public Education Information Management System, including the number of students for whom the district is required to pay tuition.

Per-Pupil Expenditure (PPE)

1. PPE level set by state (based on state average):

Hawaii: 296 sec.21(7)(d)

Student-centered schools shall receive an allocation of state general funds on a per-student basis which is equal to the statewide per-pupil expenditure for average daily attendance, provided that the allocation for self-contained special education students and for other special education students shall be adjusted appropriately to reflect the additional expenses incurred for the students in these programs.

2. PPE equals district average:

Rhode Island: 16-77-6(a)

It is the intent of the General Assembly that funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive to the establishment of a charter school. Funding for each charter public school shall consist of state revenue and municipal or district revenue in the same proportions that funding is provided for other schools within the school district in which the charter public school is located.

3. PPE is a set percentage of the district average:

New Jersey: 18A:36A-12

The school district of residence shall pay directly to the charter school for each student enrolled in the charter school who resides in the district a presumptive amount equal to 90 percent of the local levy budget per pupil for the specific grade level in the district. At the discretion of the commissioner and at the time the charter is granted, the commissioner may require the school district of residence to pay directly to the charter school for each student enrolled in the charter school an amount equal to less than 90 percent, or an amount which shall not exceed 100 percent, of the local levy budget per pupil for the specific grade level in the district of residence. The per-pupil amount paid to the charter school shall not exceed the local levy budget per pupil for the specific grade level in the district in which the charter is located. The district of residence shall also pay directly to the charter school any categorical aid attributable to the student, provided that the student in receiving appropriate categorical services, and any federal funds attributable to the student.

4. PPE is negotiated between the district and charter school:

Colorado: 22-30.5-112(2)(a)

As part of the charter contract, the charter school and the school district shall agree on funding and any services to be provided by the school district to the charter school. The charter school and the school district shall begin discussions on the contract using 80 percent of the district per-pupil operating revenues. As used in this subsection (2), district "per-pupil operating revenues" shall have the same meaning as that provided in section 22-54-103.

Start-Up Costs and Planning Grants

1. Start-up and planning grants should be available to charter schools:

Arizona: 15-188(A)

The charter schools stimulus fund is established in the state treasury for the purpose of providing financial support to charter school applicants and charter schools for start-up costs and costs associated with renovating or remodeling existing building and structures. The fund consists of monies appropriated by the Legislature and grants, gifts, devices and donations from any public or private source. The Department of Education shall administer the fund. (B)(1) Each qualifying charter school applicant or charter school shall be awarded an initial grant of up to $100,000 during or before the first year of the charter school's operation.

Facilities

1. Funds to secure facilities should be provided to charter schools just as they are provided for other public schools:

Delaware: 14-5-509(h)

The Department of Public Instruction, in consultation with the Department of Administrative Services, shall annually publish a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this state or by school districts in this state and that may be suitable for the operation of a charter school. The Department of Public Instruction, in consultation with the Department of Administrative Services, shall make the list available to applicants for charter schools and to existing charter schools. The list shall include the address of each building, a short description of the building and the name of the owner of the building.

2. Assistance to secure facilities should not be provided:

Massachusetts: 71-89(mm)

Notwithstanding the foregoing, no school building assistance funds, so-called, shall be awarded to a charter school for the purpose of constructing, reconstructing or improving said school.

Temporary Financial Assistance

1. Provide temporary financial assistance to districts:

Pennsylvania: 1725-B

The commonwealth shall provide temporary financial assistance to a school district due to the enrollment of students in a charter school who attended a nonpublic school in the prior school year in order to offset the additional costs directly related to the enrollment of those students in a public charter school. The commonwealth shall pay the school district of residence of a student enrolled in a nonpublic school in the prior school year who is attending a charter school an amount equal to the school district of residence's basic education subsidy for the current school year divided by the district's average daily membership for the prior school year. This payment shall occur only for the first year of the attendance of the student in a charter school starting with school year 1997-1998. Total payments of temporary financial assistance to school districts on behalf of a student enrolling in a charter school who attended a nonpublic school in the prior school year shall be limited to funds appropriated for this program in a fiscal year. If the total of the amount needed for all students enrolled in a nonpublic school in the prior school year who enroll in a charter school exceeds the appropriation for the temporary financial assistance program, the amount paid to a school district for each qualifying student shall be pro rata reduced. Receipt of funds under this subsection shall not preclude a school district from applying for a grant under [another] subsection.

Noninstructional Services

1. No special provisions should be made to provide charters with services:

Colorado: 22-30.5-112(2)(b)

All services centrally or otherwise provided by the school district including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries and warehousing shall be subject to negotiation between a charter school and the school district and paid for out of the revenues negotiated pursuant to paragraph (a) of this subsection (2).

2. Special provisions regarding services should be specified:

Florida: 228.56 -13(h)

If other goods and services are made available to the charter school through the contract with the school district, they shall be provided to the charter school at a rate no greater than the district's actual cost.

Transportation

1. Transportation for children residing in the district where the charter is located should be provided by the district:

Massachusetts: Ch. 71-89(ff)

The children who reside in the school district in which the charter school is located shall be provided transportation to the charter school by the resident district's school committee on the same terms and conditions as transportation is provided to children attending local district schools. Students who do not reside in the district in which the charter school is located shall be eligible for transportation in accordance with section 12 B of chapter 76.

2. A transportation plan should be outlined in the charter application:

Colorado: 22-30.5-106(1)

The charter school application shall be a proposed agreement and shall include: (k) A description of how the charter school plans to meet the transportation needs of its pupils and, if the charter school plans to provide transportation for pupils, a plan for addressing the transportation needs of low-income and academically low-achieving pupils.

Autonomy

Overall Waivers

1. Charter schools should be granted an automatic waiver for all regulations:

Delaware: 14-5-505

A charter school is exempt from all provisions of this title and all school district regulations, except as specified in this chapter, although it may elect to comply with one or more provisions.

2. Charter schools should define and discuss all waivers in its petition:

New Mexico: 22-8A-6

A charter school shall comply with all provisions of the Public School Code [this chapter, except 22-2-17, 22-2-18, 22-4-16, 22-9-7 to 22-9-16 NMSA 1978 and Articles 8A, 13A and 18A NMSA 1978], provided that the charter school may request and the state board may grant a waiver of certain provisions of the Public School Code for the purpose of operating the charter school. The state board may grant waivers to a charter school for the purpose of providing class size and structure flexibility, alternative curriculum opportunities and alternative budget opportunities.

Control of Budget

1. Charter schools should be granted fiscal autonomy:

South Carolina: 59-50-60(F)

The charter school application shall be a proposed contract and shall include: (6) evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted;

2. Charter schools should be limited in their ability to spend resources:

Alaska: SB 88 Sec. 3(b)

The program budget of a charter is to be used for operating expenses of the educational program of the charter school, including purchasing textbooks, classroom materials, and instructional aids. (c) The charter school shall provide financial and accounting information requested by the local school board or the Department of Education and shall cooperate with the local school district or the department in complying with the requirements of AS 14.17.190.

Standards and Assessments

1. Statewide standards and assessments should apply to charter schools:

Hawaii: 296-21(3)

The local school board may formulate school-based educational policy and goals in accordance with statewide educational performance standards, adopt school performance standards and assessment mechanisms, monitor school success and may select the principal as the chief executive officer of the school in accordance with chapter 89. (6) The detailed implementation plan assures compliance with statewide student performance standards;

Teachers and Staff

Teacher Certification

1. Require only certified teachers:

Wyoming: 21-3-203

Charter schools shall meet the state minimum standards imposed upon public schools by the State Board of Education under W.S. 21-2-304. Those teachers employed on a full-time basis in the charter school system shall be certified by the Wyoming Professional Teaching Standards Board under W.S.21-2-802.

3. Require a ratio of certified to uncertified teachers:

North Carolina: 115C-238.29F(e)(1)

An employee of a charter school is not an employee of the local school administrative unit in which the charter school is located. The charter school's board of directors shall employ and contract with necessary teachers to perform the particular service for which they are employed in the school; at least 75 percent of these teachers in grades kindergarten through 5, and at least 50 percent of these teachers in grades 6-8, and at least 50 percent of these teachers in grades 9-12 shall hold teacher certificates.

Salaries

1. Teachers' salaries are set by the charter school:

South Carolina: 59-40-60(F)(11)

The charter school application shall be a proposed contract and shall include: an explanation of the relationship that shall exist between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees.

2. Salaries are set by state or district:

Rhode Island: 16-77-4(12)

Teachers and administrators in charter public schools shall remain employees of the school districts for purposes of salary, financial benefits and pension eligibility.

Teacher Leave of Absence

1. Restrict charter school teachers' options to return to their district:

California: 47605(b)(13)

A description of the rights of any employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school.

Colorado: 22-30.5-111(1)

During the first year that a teacher employed by a school district is employed by a charter school, such teacher shall be considered to be on a one-year leave of absence from the school district. Such leave of absence shall commence on the first day of services for the charter school. Upon the request of the teacher, the one-year leave of absence shall be renewed for up to two additional one-year periods upon the mutual agreement of the teacher and the school district. At the end of three years, the relationship between the teacher and the school district shall be determined by the school district, and such district shall provide notice to the teacher of the relationship.

2. Provide leave of absence for teachers to return to an equivalent position in the district:

Arizona: 15-187A

A teacher who is employed by or teaching at a charter school and who was previously employed as a teacher at a school district, shall not lose any right of certification, retirement, or salary status or any other benefit provided by law, by the rules of the governing board of the school district or by the rules of the board of directors of the charter school due to teaching at a charter school on the teacher's return to the school district.

Pensions and Benefits

2. Charter school teachers (as state employees) should have equal access to the public teachers' retirement system:

Texas: Title 2 12.105(d)

An employee of an open-enrollment charter school who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system to the same extent a qualified employee of a school district is covered. For each employee of the school covered under the system, the school is responsible for making any contribution that otherwise would be the legal responsibility of the school district, and the state is responsible for making contributions to the same extent it would be legally responsible if the employee were a school district employee.

Collective Bargaining

1. Charter schools should operate independently from district bargaining agreements:

New Hampshire: 194B:14 II(a)-(e)

Any teacher may choose to be an employee of a charter school, in which case such teacher shall have the rights of a teacher in public education to join or organize collective bargaining units. Bargaining units at a charter school shall be separate from other bargaining units. No charter school teacher shall be a member of more than one bargaining unit. A teacher who serves as a member of the board of trustees of a charter school in which that teacher is an employee may not participate in or vote as a member of the board on collective bargaining matters. A teacher in a charter school shall have withdrawn from any bargaining unit with which that teacher may have been previously affiliated.

2. Charter schools should be bound by district collective bargaining agreements:

Rhode Island: 16-77-4(12)

Teachers at the charter school shall remain members of the collective bargaining unit for teachers in the school district, and shall have access to the grievance and dispute resolution procedures set forth in the collective bargaining agreement with the district.

Oversight, Renewal and Revocation

Charter Oversight

2. Charter school legislation should require yearly reports on financial and academic performance:

Massachusetts: Ch. 71, 89 (gg)

Each charter school shall submit to the board of education, to the local school committee, to each parent or guardian of its enrolled students, and to each parent or guardian contemplating enrollment in that charter school an annual report. The annual report shall be issued no later than August 1 of each year for the preceding school year. The annual report shall be in such form as may be prescribed by the board and shall include at least the following components: (1) discussion of progress made toward the achievement of the goals set forth in the charter; and (2) a financial statement setting forth by appropriate categories expenditures for the year just ended.

Revocation

1. Charter legislation should explicitly list grounds for revocation:

Washington, D.C.: 12A-31-1280

(a) Upon the recommendation of the superintendent, the board may, at any time, revoke the charter if it determines that the school has committed a violation of applicable law or a material violation of its charter. (b) The board shall revoke the charter if it determines that the school: (1) has engaged in a pattern of nonadherence to generally accepted accounting principles; (2) has engaged in a pattern of fiscal mismanagement; (3) is no longer economically viable; (4) is not making satisfactory progress toward meeting student achievement expectations specified in the school's charter or (5) does not meet the minimum academic standards required for District of Columbia public schools.

Term of Charter and Renewal

1. The term for the charter school should be flexible within a prescribed number of years:

Georgia: 20-2-255(h)

The state board is authorized to renew charters on a one-year or multi year basis, not to exceed five years, for local schools after the initial period, provided all parties to the original charter approve such renewal with a vote of the majority of the faculty, instructional staff and parents present at a meeting called for the purpose of deciding whether to renew the charter.

2. Charters should be granted a set renewal period:

Massachusetts: 17-89(kk)

A charter granted by the secretary of education shall be for five years. The secretary of education may revoke a school's charter if the school has not fulfilled any conditions imposed by the secretary of education in connection with the grant of the charter or the school has violated any provision of its charter. The secretary may place the charter on a probationary status to allow implementation of a remedial plan after which, if said plan is unsuccessful, the charter may be summarily revoked.

Renewal Applications

1. Evaluate charter schools and provide explicit provisions for a renewal application:

Texas: 12.118

(b) An evaluation under this section must include consideration of the following items after implementing the charter: (1) students' scores on assessment instruments administered under Subchapter B, Chapter 39; (2) student attendance; (3) students' grades; (4) incidents involving student discipline; (5) socioeconomic data on students' families; (6) parents' satisfaction with their children's schools; and (7) students' satisfaction with their school, © The evaluation of open-enrollment charter schools must also include an evaluation of: (1) the costs of instruction, administration and transportation incurred by open-enrollment charter schools; and (2) the effect of open-enrollment charter schools on school districts and on teachers, students and parents in those districts.

Appeal of Renewal Petition

1. An appeals process should be available as part of the charter school renewal process:

Illinois: Sec 27A-9(e)

Notice of a local school board's decision to deny, revoke or not to renew a charter shall be provided to and may be appealed to the state board. Final decisions of the state board shall be subject to judicial review under the Administrative Review Law.

Program Duration and Oversight

1. The duration of charter programs should be limited and the state education agency or another entity should report to the legislature on the effectiveness of the program:

Colorado: 22-30.5-113

(1) The state board shall compile evaluations of charter schools received from local boards of education. The state board shall review information regarding the regulations and policies from which charter schools were released pursuant to section 22-30.5-105 to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives. (2) The state board shall issue a report to the General Assembly on its findings no later than January 1, 1997. (3) In preparing the report required by this section, the state board shall compare their performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses. 22-30.5-114 This part 1 is repealed, effective July 1, 1998.

[Oversight, Renewal and Revocation]

[Appendix B. - Charter School Resources]

This page was last updated January 9, 2002 (jca)