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Archived Information
A National Study of Charter Schools - July 1998
1. Charter approving agencies and sponsors--describes who in the state has authority to participate in granting charters. Charter-granting agencies are often referred to as "sponsors" and typically have some degree of responsibility to monitor the charter schools' progress.
2. Appeal of charter denial--addresses whether charter developers may appeal the denial of a charter application by a charter-granting agency to another body. In some cases the appeal agency may be able to grant the charter directly or order the agency that denied the charter to grant or reconsider the charter application. In other states, the appeal agency may only recommend that the charter be granted and has no authority to grant the charter or order that the charter be approved.
3. Cap on number of charters allowed in state and by district--indicates whether the state limits the number of charters that may be granted statewide and/or by district or geographic region. Many states limit the total number of charter schools that may be approved in the state; some also have caps on the total number, or percentage, of K-12 students in the state or district who may attend charter schools. Others limit the number of charters that may be granted during a given year, but may or may not limit the total number that may be granted.
4. Automatic waiver of most state education laws and regulations--indicates whether the charter law exempts charter schools from a substantial proportion of laws and regulations that normally apply to public schools and school districts. In some states the charter school law automatically grants charter schools a waiver of most state and local education codes and regulations. In other states there is no such waiver and the application for a charter school must specify what statutes or regulations are requested for waiver while still other states do not provide for waivers. Charter laws typically specify that state health, safety, and non-discrimination laws cannot be waived.
5. Charter school may employ and/or bargain with staff independently--indicates whether charter schools have the ability to employ and/or bargain with staff independent of existing contractual and employment arrangements. In some states charter schools act as independent entities and employ their staff; in other states, charter school employees remain or become employees of the district. Many state charter laws exempt charter schools from existing collective bargaining laws or specify that the charter school may or must bargain with employees independent of existing bargaining agreements. Others require that charter school staff be subject to existing bargaining agreements.
6. Charter school may be independent legal entity--indicates whether the charter school may or must be constituted as a legal entity independent of the local school district.
7. Basic operational funding generally comparable with other schools--addresses whether charter schools receive general-purpose and categorical operational funds comparable with similarly-situated public schools. This item excludes capital funds that rarely are provided to charter schools. Due to the complexity and varied nature of state education funding formulas, this item may also exclude district-specific and one-time funding sources.
8. School operates under limited-term, performance-based contract--indicates whether the law requires charter schools to operate under a limited-time and revocable performance-based contract that includes specified student achievement goals, standards, or outcomes.
EXHIBIT B-1
COMPARISON OF MAJOR POLICY ELEMENTS OF CHARTER SCHOOL REFORM LEGISLATION (29 STATES AND THE DISTRICT OF COLUMBIA, AS OF DECEMBER 1997)
| State/Year |
Charter approving agencies and sponsors |
Appeal of charter denial |
Cap on number of charters allowed in state and by district |
Automatic wavier of most state education laws and regulations |
Charter school may employ and/or bargain with staff independently |
Charter school may be independent legal entity |
Basic operational funding generally comparable with other schools |
School operates under limited-term, performance-based contract |
|||||||||
|
Alaska |
Local boards |
No |
30 state |
No, may apply for waiver of local policies only |
No |
No |
No |
Yes |
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|
Arizona |
Local boards, state board, and State Board for Charter Schools |
No, but may apply to multiple grantors |
No caps |
Yes |
Yes |
Yes |
Yes |
Yes (15-year charter term) |
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|
Arkansas |
State board |
No |
No caps |
No, may apply for waivers |
No |
No |
Yes |
Yes |
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|
California |
Local boards |
Yes, county panel |
122 state, 10 district |
Yes |
Yes, optional |
Yes |
Yes, negotiable |
Yes |
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|
Colorado |
Local boards |
Yes, state board may order local board to grant charter |
60 state |
No, may apply for waivers |
Yes |
Yes |
Schools receive a minimum of 80%,above that is negotiable with district |
Yes |
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|
Connecticut |
State board; also local charters approved first by local boards |
None specified |
24 state |
No, may apply for waivers |
Yes |
Yes |
Yes for new starts; conversions negotiate |
Yes |
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|
Delaware |
Local boards; state board also for new start-ups |
No |
5 per year for the state for first three years |
Yes |
Yes |
Yes |
Yes |
Yes |
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|
District of Columbia |
DC board, charter school board, and other entities as designated by DC Council |
Subject to judicial review |
10 district wide in 1996, 20 per year thereafter |
Yes |
Yes |
Yes |
Yes |
Yes |
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|
Florida |
Local boards and state universities in some cases |
Yes, state board and judicial review |
No state cap |
Yes |
Yes |
Yes |
Yes |
Yes |
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|
Georgia |
State board |
No |
No caps |
No, may apply for waivers |
May be negotiated; otherwise no |
No |
Yes |
Yes |
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|
Hawaii |
State board |
No |
25 state |
Yes |
Not specified |
Not specified |
Yes |
Yes, but non-renewal requires 2/3rds vote |
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|
Illinois |
Local boards; state board upon appeal |
Yes, state board |
45 state 15 each in 3 regions |
Yes |
Yes |
Yes |
Negotiable |
Yes |
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|
Kansas |
Local boards |
Not specified |
15 state |
No, may apply for waivers |
No |
No |
Not specified |
Yes |
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|
Louisiana |
Local boards; state board upon appeal |
Yes, state board, but for newly created schools only |
20 in |
Yes |
Yes |
Yes |
Yes |
Yes |
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|
Massachusetts |
State board; and local boards for Horace Mann schools |
No |
50 state; district's spending on a Commonwealth charter may not exceed 6% of net spending |
No, may apply for waivers |
Yes |
Yes |
Yes for Horace Mann schools; for Commonwealth schools, depends on local conditions |
Yes |
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|
Michigan |
School boards, universities and community colleges |
Yes, may petition to have issue placed on ballot for next election |
No absolute cap; only 85 (rises to 150 by 1999) to be issued by universities |
No |
Yes |
Yes |
Yes, but capped at statewide average |
Yes |
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|
Minnesota |
Local boards, state board (on appeal), and colleges and universities |
Yes, state board if 2 votes on local board |
No caps |
Yes |
Yes |
Yes |
May be less in some case[1] |
Yes |
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|
Mississippi |
State board (first approved by local board) |
Limited/ ambiguous right of appeal to state board |
6 state; preference for 1 per Congressional district and 1 for Delta region |
Yes |
No |
Not specified |
Not specified |
Yes |
|||||||||
|
Nevada |
Local board, with state department review |
Not specified |
No absolute cap; no limits on schools serving "at risk" students, variable local caps for others |
No |
No |
Not specified |
Not specified |
Yes |
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|
New Hampshire |
State board (after local board and voter approval) |
Yes, state board/ state supreme court |
10 per year state; cap expires 2000 |
Yes |
Yes |
Yes |
Yes for conversions; new starts receive a minimum of 80% at the discretion of the Dept. of Ed |
Yes |
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|
New Jersey |
State Commissioner of Education |
Yes, state board |
135 state; cap expires 2000 |
No, regulations only may be waived upon request |
Yes, with some restrictions, for new starts; no for conversions |
Yes |
No, |
Yes |
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|
New Mexico 1993 |
State board |
No |
5 state |
No, may request waivers from state board |
Not specified |
Not specified |
No |
Not specified |
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|
North Carolina 1996 |
Local boards, state university trustees, and state board |
Yes, state board |
100 state 5 per year, per district |
Yes |
Yes |
Yes |
Yes |
Yes |
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|
Ohio |
Local boards; state board also for new starts |
Not specified |
No caps |
Yes |
No for conversions; apparently yes for new starts |
Yes |
Yes |
Yes |
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|
Pennsylvania |
Local school boards; appeal board may grant upon appeal |
Yes, beginning 1999-2000 school year, appeal board established for this purpose by charter statute |
No limit |
Yes |
Yes |
Yes |
Yes |
Yes |
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|
Rhode Island 1995 |
State Board of Regents (with approval of Commissioner and/or local board) |
Not specified |
20 state |
No, apply for waivers |
No |
No |
Yes |
Yes |
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|
South Carolina 1996 |
Local boards |
Yes, but state board may not actually grant charter |
No caps |
Yes |
Yes for |
Yes |
Yes |
Yes |
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|
Texas(Campus) 1996 |
Local boards |
No |
No caps |
Yes |
Not specified |
Presumably yes |
Not specified, presumably negotiated |
No, |
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|
Texas |
State board |
No |
100 statewide, except that schools serving at least 75% at-risk students are not subject to cap |
Yes |
Yes |
Presumably yes |
Yes |
No, no term specified |
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|
Wisconsin |
Local boards; Dept. of Public Instruction, City Council, and Vocational Tech. Board may grant to Milwaukee |
No, except DPI may grant in Milwaukee |
No caps |
Yes |
No, except Milwaukee |
No, except Milwaukee |
Negotiable |
Negotiable |
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|
Wyoming |
Local boards |
No |
No caps |
Not specified |
Not specified |
Not specified |
Yes |
Yes |
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1 Charter schools do not have bonding authority and do not receive excess local levy aid. In 1997, the state legislature approved additional aid to charter schools to 1) partially defray the cost of leasing school space; and 2) provide some start-up aid to charter schools during their first two years of operation.
[Appendix C: Overview of Telephone Survey Response Patterns]