Charter School Legislation:
State-by-State Analyses
CER's Ranking
of Charter School States provides an overview of where each state stands on
the most important elements of charter school legislation. The state-by-state
tables offer a more detailed examination of each of the 38 laws currently in
existence, analyzing each law according to over 30 criteria.
Although most of these criteria
are self-evident, several merit a brief explanation:
- Formal Evidence of Local Support Required: lists the different
constituencies that must formally support a charter school application
before the chartering authority may approve it. For example, a certain
percentage of teachers and parents at an existing public school may have to
sign a petition before the school can be converted into a charter school.
- Recipient of Charter: lists the person or entity that actually
enters into a contract with the chartering authority, generally either the
applicant for the charter or the charter school’s governing body. In some
states, this distinction may determine who is ultimately responsible for the
legal and financial obligations of the charter school.
- Transportation: refers to transportation of students within the
district where the charter school is located. In states where students
outside the district are eligible to enroll, they or their parents are
generally responsible for transportation to the district’s boundaries.
- Facilities Assistance: indicates whether states or districts must
offer charter school applicants assistance in finding suitable buildings.
- Technical Assistance: indicates whether states or districts must
offer technical assistance to charter school applicants.
- Funding Amount: indicates whether charter schools are guaranteed
the same operational funding per student as a school district would receive
for that student.
- Funding Path: indicates whether funding flows directly from state
treasury to charter schools or is routed through another entity, such as the
school district.
- Collective Bargaining / District Work Rules: For collective
bargaining states, indicates which of three options apply to charter school
teachers, and whether they are required or optional: (a) covered by district
agreement, (b) negotiate as a separate unit with the school’s governing
board, or (c) no collective bargaining. For Right-to-Work states, indicates
whether charter school teachers are subject to district work rules.
(Right-to-work states with charter laws: Georgia, Mississippi, Nevada, North
Carolina, South Carolina, Texas, Wyoming.)
- Enrollment Requirements: indicates whether charter schools may
screen students using academic or other criteria, such as matching students
with the focus of the school. (This category is separate from the
"Preference for Enrollment" category, which involves residence,
kin, prior attendance, and so forth.)
- Mandated Assessments: indicates whether charter school students are
required to take the same statewide or districtwide tests as students in
other public schools.
Additionally, the phrase specified
in charter means that the criterion under consideration is not automatically
determined by the law. Rather, it is subject to negotiation between the
applicant and the chartering authority, with the outcome delineated in the
charter. For example, if the funding amount is specified in charter, the
applicant and the chartering authority must reach an agreement as to how much
money the charter school will receive—often less than 100% of what the funding
formula would generate for a student in that district.
To see each state's profile, just click on the state's name below:
Alaska, Arizona, Arkansas,
California, Colorado, Connecticut,
Delaware, District of Columbia,
Florida, Georgia, Hawaii,
Idaho, Illinois, Indiana,
Kansas,
Louisiana, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri,
Nevada, New Hampshire,
New Jersey, New Mexico, New
York, North Carolina, Ohio, Oklahoma,
Oregon, Pennsylvania, Rhode
Island, South Carolina, Texas, Utah,
Virginia, Wisconsin, Wyoming
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