Appendix Table C. State Charter School (CS) Legislation: Statutory Provisions That May Affect Students With Disabilities
(February 1998)

State	Non-discriminatory Admissions, Expressly Related to Disability	Other Pertinent Admissions Requirements	Targeted Populations	Chartering Preference	Enrollment and Recording Provisions Regarding Special Populations	Funding For Special Education	Transportation That May Apply To Special Education
AK		Contract includes admission policies and procedures. CS may limit enrollment to age/grade or pupils who will benefit from a particular teaching method or curriculum.
AZ	Shall not limit admission based on a disabling condition.	CS shall give preference to returning pupils and siblings. A district-sponsored CS shall give preference to in-district pupils. CS may limit enrollment to age/grade.					CS is subject to transportation provisions in specified statute (applicable to district). CS receives funding for transportation as part of total funding for school.
AR
CA		Application includes admission requirements, if applicable. Admission shall not be based on pupil's residence. Conversions shall give preference to pupils residing in former attendance area.	Academically low-achieving.	Schools demonstrating capability to provide solid learning experiences to academically low-achieving.	Legislative Analyst shall contract for an evaluation of CS approach, including an analysis of the level of increased (any change in) focus on academically low-achieving pupils.	CS receives state and federal funds for special education [from Superintendent of Public Instruction].
CO	Enrollment policy is subject to all federal and state laws prohibiting discrimination on basis of disability or need for special education services.	Application includes enrollment policies. CS shall enroll any in-district pupil, except no CS shall be required to make alterations to facility except as required by law.	Academically low-achieving.	Schools serving at risk pupils (less likely to succeed because of physical, emotional, socioeconomic or cultural factors).	Of the charters granted prior to 7/1/97 (max. 60), at least 16 reserved for schools serving at-risk pupils.	CS receives proportionate share of state and federal funds generated by pupils with disabilities and staff serving them. Pupil's resident district responsible for excess costs.	Application includes plans for meeting transportation needs of pupils. If CS plans to provide transportation, application must include plan for meeting needs of low-income and academically low-achieving pupils.
CT	Shall not discriminate in admissions on the basis of disability.	Application includes admission criteria and procedures to ensure open access. CS may limit enrollment by age/grade, or specialized education focus; may give preference to siblings.			May limit enrollment to a specialized education focus. Governing council of CS must submit an annual report (to Commissioner of Education) including accomplishment of any specialized focus of CS.	For State CS, pupil's resident district pays to State CS amount equal to difference between reasonable cost of educating special needs pupil and general per pupil funding. All CS eligible to same extent as boards of education for special education grants. CS shall receive any federal funds available for education of any pupils attending CS.	Host district provides transportation to CS for in-district pupils, unless otherwise arranged by CS. Pupil's resident district may provide transportation to pupils attending CS outside district and will be reimbursed by State.
DE	Shall not discriminate against any pupil in admissions process because of handicap.	CS shall not restrict admissions, except by age/ grade. Conversions shall give preference to original pupils and siblings. CS may give preference to in-district pupils, at risk pupils, or pupils interested in the teaching/ subject matter.		Schools demonstrating that their educational program will accommodate at risk and special education students.	May give enrollment preference to pupils at risk of academic failure.	CS receives from pupil's resident district the local cost per pupil (regular or special education). Pupil's resident district is responsible for additional tuition required by pupils attending special classes or treatment programs. CS receives a pro-rated portion of any funds appropriated by state board of education that are intended to be allocated on a pupil, employee or school state share.	At CS request, host district provides transportation to CS for in-district pupils, or pupil's resident district pays CS the average cost per pupil (regular or special education) to provide transportation within district where CS located. Non-resident pupils responsible for getting to district.
FL	Pupils w/handicapping conditions shall have equal opportunity of being selected for enrollment.	Charter addresses admission procedures. CS open to any in-district pupil. Conversions shall give preference to original pupils. CS may give preference to siblings, children of CS employees; may limit enrollment to age/grade, or at risk pupils.	Academically low-achieving.		May limit enrollment to pupils at risk of dropping out or at risk of academic failure, including exceptional education pupils.	CS receives funds for pupils in basic or special program, the same as is provided for these pupils in public schools. Eligible CSs shall be entitled to proportionate share of categorical program funds.	CS provides transportation services and is entitled to receive transportation funds. CS may contract with district or other. Transportation must not be barrier to equal access.
GA
HI						Statewide per pupil funds (received by CS) are adjusted to reflect additional expense of special education pupils. All federal and other financial support shall be equal to all other public schools.
IL		Proposal includes age/grade range, number of pupils, and other admission criteria that are legal if used by a district. CS shall be open to any in-district pupil; shall give preference to prior year pupils and siblings.	At-risk pupils (less likely to succeed because of physical, emotional, socioeconomic, or cultural factors).	Schools serving at-risk pupils (less likely to succeed because of physical, emotional, socioeconomic, cultural factors).		CS receives, from pupil's resident district, the proportionate share of state and federal funds generated by pupils with disabilities and staff serving them.	Proposal includes plan for meeting transportation needs of pupils, including low-income and academically low-achieving pupils.
KS		Charter contains admission criteria.					Host district provides transportation to CS for pupils who qualify for free meals under National School Lunch Act and live 2 miles or more from CS; may provide transportation for others.
LA	Shall not exclude pupils based on intellectual ability, identification as an exceptional child.	Proposed charter contains admission requirements consistent with scope and mission of CS. CS shall enroll pupils eligible by residency. Conversion CS shall give preference to original pupils. After first year, CS shall give preference to prior year pupils and siblings.	At-risk pupils (includes pupils identified as exceptional children).		Conversions must enroll same percentage of pupils eligible for free/reduced lunch as enrolled in year prior to conversion. Start-ups, which must have same percentage of at-risk pupils as percentage in district who are eligible for free/reduced lunch, shall enroll these at-risk pupils in proportion of at least 85% eligible for free/ reduced lunch and up to 15% as otherwise defined (includes exceptional pupils).	CS receives state and federal funds for special education.	CS may negotiate with district for transportation services.
MA	Shall not discriminate (in admissions) on basis of mental or physical disability, special need, academic achievement.	Application includes admission method. CS shall give preference to in-district pupils; may limit enrollment to grade level.			Commissioner of Education required to collect data on number of students in charter schools with IEPs.	District of residence is fiscally responsible for special needs pupils who require a private day or residential school.	Host district provides transportation to CS for in-district pupils. Non-resident pupils are eligible for transportation in accordance with specified statute. CS shall not receive transportation funds above amount required.
MI	Shall not discriminate in its pupil admissions policies or practices on basis of intellectual ability, measures of achievement or aptitude, status as a handicapped person.	Application includes admission policy and criteria. CS shall not discriminate on any basis illegal if used by district; may limit admission to age/grade or any basis legal if used by district.
MN	May not limit admission to pupils on the basis of intellectual ability, measures of achievement or aptitude.	Contract contains admission policies and procedures. CS may limit admission to age/grade, residents of geographic area where percentage of non-Caucasians is greater than the percentage of non-Caucasians in congressional district in which that area is located, as long as school reflects racial and ethnic diversity of the specific area.				CS receives special education aid from State as though it were a school district.	Either host district or CS provides transportation to CS for in-district pupils. If CS elects to provide transportation, it receives state aid (including funding for transporting students with disabilities). CS is not required to provide or pay for non-resident pupils to be transported to border of district but may reimburse for families at or below poverty level.
MS
NV	Shall not accept applications or otherwise discriminate based on disability of pupil.	Application includes admission policy and criteria, which must be directly related to school's goals/ mission. CS may limit enrollment to pupils with disabilities or who are at risk.			May form charter schools dedicated exclusively to pupils with disabilities or at risk. Each year, CS submits to sponsor a report including the count of pupils enrolled in special education.	CS pupils in special education programs must be included in count of pupils in school district for purposes of apportionments from state school account. CS is entitled to receive its proportionate share of any money available from federal, state, or local sources that the school is eligible to receive.	CS adheres to same transportation policy in effect in local district. CS may contract with district for transportation services.
NM
NH		Application contains admissions procedures. CS shall give absolute preference to in-district pupils. CS may limit enrollment to age/grade, pupil needs, areas of academic focus; may select pupils on basis of aptitude, academic achievement if directly related to goals of the school.	Target pupil groups.		May limit enrollment to at-risk pupils.	District is responsible for the funding and educational decision-making process for educationally handicapped pupils. Any federal or other funding available to a sending district shall be directed to CS in receiving district on an eligible per pupil basis.	Host district provides transportation to in-district pupils. Any added costs borne by the CS. Application contains transportation plan, including provisions for transportation of non-resident pupils using CS resources. CS and host school district encouraged to enter into contract for transportation services.
NJ	Shall not discriminate in its admission policies and practices on basis of intellectual ability, measures of achievement or aptitude, status as a handicapped person.	Application includes admission policy and criteria. CS shall give preference to in-district pupils, returning pupils and siblings; may limit admission to grade, areas of academic focus; may establish reasonable criteria to evaluate prospective pupils.			Admission policy shall (to max. extent possible) seek enrollment of cross-section of community's school age population, including racial and academic factors.	District of residence is fiscally responsible for special needs pupils who require a private day or residential school. CS receives any categorical aid and any federal funds directly from district of residence.	Host district provides transportation to CS for in-district pupils. Non-resident pupils receive transportation pursuant to State board of education regulations. '
NC	Shall not limit admission on basis of intellectual ability, measures of achievement or aptitude, disability.	Application contains admission policies and procedures. CS shall be open to any pupil qualified for admission to public school; shall not base admission on pupil's residence, except in case of conversions.	At risk of academic failure.	Schools serving pupils at risk of academic failure.	Within one year, population in CS shall reflect the racial and ethnic composition of local district or of targeted population within local school district.	CS receives from State additional amount (over per pupil allocation) for child with special needs.	CS provides transportation. for in-district pupils; may provide transportation for non-resident pupils.
OH	May not limit admission on basis of intellectual ability, measures of achievement or aptitude.	Contract specifies admission standards. CS open to any pupil eligible to attend school in Lucas County. CS shall give preference to returning pupils; may give preference to siblings; may limit admission to age/grade, at risk, or residents of specific geographic area.			May limit enrollment to at-risk pupils (as defined in the contract).	CS receives from Department an amount equal to the actual cost for special education pupil in resident district, less a prorated share for the pupil of any amount received from state or federal funds.	Host district provides transportation to CS for in-district pupils. Pupil's resident district is not required to provide transportation to pupil attending CS outside district.
PA	Shall not discriminate in admission policies or practices on basis of intellectual ability, measures of achievement or aptitude, status as a person with a disability.	Application includes admission policy and criteria. CS open to all PA resident pupils. CS shall give preference to in-district pupils; may give preference to child of CS founder and siblings; may limit admission to age/grade or area of academic focus; may establish reasonable criteria to evaluate prospective pupils.				CS shall receive additional funding from district of residence for each special education pupil based on formula. CS may request that intermediate unit provide services to assist CS to address specific needs of exceptional pupils, for which CS must pay.	Host district provides transportation to CS for in-district pupils. Non-resident pupils provided transportation under specified statute. Resident districts which provide transportation for pupils attending CS outside district are eligible for payments.
RI	May establish academic standards as condition for eligibility which do not discriminate against otherwise qualified individuals with a disability.	Application includes enrollment procedures. CS may establish reasonable academic standards as condition for eligibility which are in accordance with state law and which do not discriminate against otherwise qualified pupils with a disability.	Educationally disadvantaged and at risk.	Schools serving educationally disadvantaged and at risk pupils.	The combined percentage of special education, at-risk, and LEP pupils and pupils eligible for free or reduced lunch must at least equal the combined percentage of these student populations in the district as a whole. Federal aid received by the state shall be used to benefit pupils in the CS (if qualified) as though it were a district.	CS may receive additional funding if combined percentage of special education, at risk, LEP pupils and pupils eligible for free or reduced lunch exceeds the combined percentage of these pupils in district as a whole.	CS may negotiate with district for transportation services which are paid for out of CS revenues.
SC	May not limit or deny admission to any individual or group of individuals.	Application includes admission policies and procedures. CS shall admit all pupils eligible to attend public school and shall not deny or show preference in admission to any individual or group of individuals. CS may give preference to siblings or children of CS employees.				CS receives proportionate share of state and federal funds generated by pupils with disabilities and staff serving them. Sponsor shall distribute to CS federal funds which are allocated to district on basis of number of special characteristics of pupils attending CS.	Charter contains plan for meeting transportation needs of pupils.
TX	Prohibit discrimination in admission policy on basis of disability, academic ability.	Charter specifies any type of enrollment criteria used.			State board of education may grant additional charters (over state limit) for proposed schools where at least 75% of population will be pupils at risk of dropping out.		CS provides transportation under same laws governing transportation provided by a school district.
WI	May not discriminate in admission on basis of person's physical, mental, emotional, or learning disability.	Petition contains admission requirements. Conversions shall give preference to pupils who reside in attendance area of former school.		Schools serving at-risk pupils (includes pupils who are academically behind their age group).
WY		Petition includes admissions requirements (if applicable) and minimum enrollment requirements as specified by district board. Admission shall not be determined according to place of residence. Conversions shall give preference to pupils who reside in former attendance area. Admission shall not be determined solely on academic abilities or achievements, including minimum test scores or IQs.

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[Appendix Table B. State Charter School Legislation: Statutory Provisions Regarding Exemptions, Liability, and Funding]