Archived - Appendix Table A: Statutory Provisions Regarding School Organization and Authority (February 1998)

State	Eligible Applicants	Relation to School System	Organizational Status	Authority Regarding Employees	Finance Provisions
AK		Operates as school in the local district.		CS Academic Policy Committee (teachers, parents, and school employees) selects principal who selects or appoints employees of CS. CS employees are covered under district collective bargaining agreement (unless exempted in contract).	Local school board provides CS with annual budget.
AZ	Public body, private person, or private organization.			CS governing body is responsible for policy and operational decisions. Charter shall include description of personnel policies and qualifications.	Application may include a financial plan for operation of CS.
AR	Any public school (conversions only).	Operates within local school district.
CA	Teachers, parents, pupils, community members. Private entity may provide funding/ assistance to establish or operate a CS. No private school conversions.	Operates independently from existing school district structure.		Charter petition includes qualifications of employees.
CO	Parents, teachers, and community members. No private school conversions.	CS is a public school which is part of the school district in which it is located.	May organize as a nonprofit corporation.	CS responsible for its own operation, including personnel matters. Application includes explanation of employment policies and relationship between CS and its employees.	CS responsible for its own operation including the preparation of a budget.
CT	Any person, association, corporation, organization, or other entity, public or independent institution of higher education, local and/or regional board of education, or regional educational service center. No private school conversions.	Operates independently of any local or regional board of education.	Organized as a nonprofit entity.	CS application includes number and qualifications of teachers to be employed (50% regular certification; 50% temporary/alternate certification). For local CS (conversions), employees shall be members of district bargaining unit and shall be subject to same collective bargaining agreement. For state CS (start-ups), CS governing council shall act as board of education for purposes of collective bargaining.	Application includes financial plan for operation of CS.
DE	Any person, university, college, or nonreligious, non-home-based, nonsectarian entity. No private school conversions.	Operates independently of any school board and has the same standing and authority as reorganized school district board of education (except the power to tax).	Organized under general corporation law.	CS has power to hire, manage, and terminate employees in accordance with its personnel policies (35% of teachers may be non-certified if no qualified alternative certification program exists). CS employees have right to organize and bargain collectively and shall not be members of district bargaining units.	CS has power to determine its own budget.
FL	An individual or group, teachers, parents, existing public school, or a legal entity organized under state laws. No private school conversions.	Terms and conditions for operation of CS are set forth by the sponsor and the applicant in the charter.	Organized as a nonprofit organization. May be a private or public employer.	CS selects its own employees. Charter addresses teacher qualifications (CS may employ non-certified teachers in same manner as other public schools). CS employees may bargain collectively as separate unit or as part of existing district bargaining unit (determined by structure of CS).	Charter addresses the financial management of school. Sponsor monitors revenues and expenditures of CS.
GA	Any public school (conversions only).	Operates within local school district.
HI	Any public school (conversions only).	CS establishes local school board as its governing body (the state has only one district).
IL	Teachers, school administrators, local school councils, colleges or universities or faculty, public community colleges or faculty, corporations, or other entities and their representatives. No private school conversions.	Operates independently from local school district.	Organized as nonprofit corporation or other nonprofit entity.	Charter proposal includes explanation of relationship between CS and its employees (CS may employ non-certified teachers if they meet specified qualifications). CS employees may bargain collectively only as a separate unit from existing district bargaining unit.	CS responsible for management of its fiscal affairs including the preparation if its budget.
KS	School building or school district employees groups, educational services contractors, and other persons or entities.	Operates within a school district structure.		District employs persons to be assigned to charter schools. Charter must contain the terms and conditions of employment.	Charter contains the proposed school budget.
LA	Group of 3 or more teachers, 10 or more citizens, a public service organization, a business or corporate entity, a LA college/university, faculty of nonpublic school. No private school conversions.	CS is an independent public school.	Organized as nonprofit corporation, except for those CS formed through contract between a local board of education and the state board of education.	CS governing authority employs faculty and has exclusive authority over employment decisions (25% of teachers may be non-certified if meet certain qualifications), except that employees of CS formed by local school board are employees of school board and not the CS. Proposed charter includes personnel policies and employment practices. CS employees are covered under local school board collective bargaining agreements, except as provided in charter.	Proposed charter includes a financial and accounting plan.
MA	Non-profit business or corporate entity, 2 or more certified teachers, 10 or more parents. No for-profit business or corporate entity. No private school conversions.	Operates independently of any school committee (for both Commonwealth and Horace Mann CS).	Commonwealth and Horace Mann CS are organized as body politic and corporate.	Application shall include number and qualifications of teachers to be employed. Staff are employees of CS. A Horace Mann CS shall be exempt from local collective bargaining agreements as provided in charter, but Horace Mann CS employees continue to be members of local bargaining unit and receive the salary/ benefits established by the bargaining agreement.	The CS board of trustees shall develop the annual budget. Horace Mann CSs must submit budget request to school district for approval.
MI	One or more persons, or an entity.		Organized as nonprofit corporation.	CS may employ staff (teachers must be certified) and determine personnel policies and compensation. The employees of a CS that has charter with local school district shall be covered by collective bargaining agreement that applies to other employees of school district.
MN	One or more licensed teachers. No schools affiliated with a nonpublic sectarian school or religious institution.		Organized as cooperative or nonprofit organization.	CS employs staff (teachers must be licensed). CS employees may organize a bargaining unit. CS bargaining units shall remain separate from district bargaining units, unless otherwise agreed upon.	CS board of directors decides matters related to operation of school, including budgeting.
MS	Any public school (conversions only).	Operates within local school district.		Employees of CS are employees of school district. Employees are entitled to same rights/privileges and benefits to which all other employees of school district are entitled.
NV	At least 3 licensed teachers alone or in combination with 10 or more members of general public, representatives of an organization devoted to public service, representatives of private business, representatives of college/university. No private school conversions.	Application includes system of organization and operation for CS. Board of trustees of district shall not interfere with operation of CS except as authorized in charter or statutes applicable to CS.		Application includes employment policies and practices (75% of teachers licensed). CS employees are covered by employment provisions of the collective bargaining agreement with the district. Upon renewal of charter, employees of CS may apply for recognition as a bargaining unit. CS may request waiver from specific provisions of collective bargaining agreement.	SEA adopts regulations that prescribe the procedures for budgeting.
NH	Nonprofit organization (college, university, museum, service club, etc.), group of 2 or more NH certified teachers, group of 10 or more parents. No private school conversions.	Operates independent of any school board.	Operated as nonprofit secular organization.	Application includes employee qualifications (50% of teachers certified or 3 yrs experience) and personnel compensation plan. CS employees may organize collective bargaining units, separate from district bargaining units.	CS board of trustees determines the annual budget. Application includes annual budget.
NJ	Teachers, parents, higher education institution or private entity. A private entity may not realize net profit. No private school conversions.	Operates independently of local board of education.	Organized as body corporate and politic.	For conversions, employees are members of bargaining unit defined in agreement. For other CS, board of trustees hires employees (teachers must be certified) and determines whether or not to cover employees under terms of district collective bargaining agreement.	CS board of trustees has authority to decide budgeting for school.
NM	Any school within local school districts (conversions only).	Operates within a school district.	Organized as restructured public school w/in local district.		CS determines a school-based budget which must be approved by local board and state board.
NC	Person, group or nonprofit corporation may apply on behalf of a private nonprofit corporation. Private persons and organizations can provide funding/assistance.	CS chooses to operate independently of local board or agrees to be subject to some supervision and control of administrative operations by local board.	Operated by a private nonprofit corporation.	CS board of directors employs staff (75 % of k-5 teachers and 50% of 6-12 teachers must be certified). Staff are employees of CS, not district. If CS elects total independence from local board, its employees shall not be employees of local district for purposes of benefits. If CS agrees to supervision and some administrative control by local board, its employees shall be employees of local district for purposes of benefits.	Application contains proposed budget for school.
OH	Any individual or group of individuals. No private school conversions.	Operates independent of any school district.	Organized as nonprofit corporation.	CS governing authority may employ staff (teachers must be certified). For conversions, CS employees remain part of district collective bargaining unit and subject to collective bargaining agreement (unless otherwise agreed). For start-ups, CS employees may organize and collectively bargain as separate unit from district bargaining units.	Contract specifies an estimated school budget.
PA	An individual, one or more teachers, parents or guardians of students, nonsectarian college, university, museum, nonsectarian nonprofit corporation. No private school conversions.	Operates independently from existing school district structure.	Organized as public nonprofit corporation.	CS board of trustees employs staff (75% professional staff certified) and determines employment policies. CS employees may organize collective bargaining units which shall be separate from district bargaining units	CS board of trustees shall have authority to decide matters relating to operation of school, including budgeting.
RI	Existing public schools, groups of public school personnel, or public school districts. No private school conversions.	Operates independently, but within existing school district structure.		Application includes employee qualifications (teachers must be certified) and employment policies. CS teachers and administrators remain employees of district for purposes of salary, benefits, and pension. CS teachers remain members of district collective bargaining unit.	Application provides a financial plan including a proposed budget.
SC	A public, nonprofit corporation.	Operates within a public school district. CS is considered a public school that is part of school district for the purposes of state law and state constitution.	Organized as public nonprofit corporation.	CS shall hire staff (start-ups may hire up to 25 % non-certified teachers working towards certification; conversions may hire up to 10% non-certified teachers working towards certification) and determine employment policies. Application shall include an explanation of relationship between CS and its employees. Employees of conversions remain employees of district	Charter committee has power to decide all matters related to operation of CS, including budgeting.
TX	Institution of higher ed., private or independent institution of higher ed., an org. exempt from taxation, a governmental entity.	Open-enrollment CS is part of the public school system of the state. If located in district facility . . .		Charter specifies employee qualifications.	Charter describes process by which person providing program will adopt an annual budget.
WI		A district-sponsored CS is an instrumentality of the school district in which it is located, except in Milwaukee school districts where the school board determines whether or not CS is an instrumentality of district. A CS sponsored by common council of Milwaukee, chancellor of the University of Wisconsin - Milwaukee, or the Milwaukee is not an instrumentality of school district.		For those CS that are instrumentalities of the school district, the school district employs all personnel for CS. If the CS is not an instrumentality of the school district, it has the power to hire its own personnel (teachers must be certified). The CS has power to determine personnel qualifications (subject to certain statutes).
WY	Teachers, parents, pupils, community members. Private person or org. may provide funding/assistance for establishment or operation of CS No private school conversions.	Operates independently from existing school district structure.		Charter petition includes employee qualifications (full-time teachers must be certified).

Appendix Table A. State Charter School (CS) Legislation: Statutory Provisions Regarding School Organization and Authority (February 1998)