A strong law fosters the development of numerous, genuinely independent charter schools. A weak law provides few opportunities or incentives for charter school development.

        There are 10 criteria for a strong charter school law:

1) Number of schools: States that permit an unlimited or substantial number of autonomous charter schools encourage more activity than states that either limit the number of autonomous schools, or allow an unlimited number of charter schools with restrictions on their autonomy, demographics, etc.

2) Multiple chartering authorities / binding appeals process: States that permit a number of entities in addition to or instead of local school boards to authorize charter schools, or that provide applicants with a binding appeals process, encourage more activity than those that vest authorizing power in a single entity, particularly if that entity is the local school board, or provide only an advisory appeals process. (On average states with multiple authorizers have nearly 8 times more charter schools than states that have only a single authorizer.*)

3) Variety of applicants: States that permit a variety of individuals and groups both inside and outside the existing public school system to start charter schools encourage more activity than states that limit eligible applicants to public schools or public school personnel.

4) New starts: States that permit new schools to start up encourage more activity than those that permit only public school conversions.

5) Formal evidence of local support: States that permit charter schools to form without proving specified levels of local support encourage more activity than states that require such demonstrations of support.

6) Automatic waiver from laws and regulations: States that provide automatic blanket waivers from most or all state and district education laws, regulations, and policies encourage more activity than states that provide no waivers or require charter schools to negotiate waivers on an issue-by-issue basis with charter-granting authorities. (In no case are civil rights laws or health/safety codes waived for charter schools.)

7) Legal / operational autonomy: States that allow charter schools to be independent legal entities that can own property, sue and be sued, incur debt, control budget and personnel, and contract for services encourage more activity than states in which charter schools remain under district jurisdiction. In addition, legal autonomy refers to the ability of charter schools to control enrollment numbers.

8) Guaranteed full funding: States where 100% of per-pupil funding automatically follows students enrolled in charter schools encourage more activity than states where the amount is automatically lower or negotiated with the district.

9) Fiscal Autonomy: States that give charter schools full control over their own budgets, without the district holding the funds, encourage more activity than states that do not.

10) Exemption from collective bargaining agreements / district work rules: States that give charter schools complete control over personnel decisions encourage more activity than states where charter school teachers must remain subject to the terms of district collective bargaining agreements or work rules. (On average states that do not require charter school teachers to join a union have over 7 times more charter schools than states that require charter school teachers to join a union.**)

-- January 2003

* Total number of charter schools in the 27 states with multiple authorizers: 2538 (average: 94 per state) 
Total number of charter schools in the 13 states with single authorizers: 159 (average: 12.2 per state)

** Total number of charter schools in the 29 states that do not require charter school teachers to join a union: 2563 (average: 88.4 per state) 
Total number of charter schools in the 11 states that require charter school teachers to join a union: 134 (average: 12.2 per state)

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20 Charter School States Have Strong to Medium Strength Laws (Grades A-B):
Arizona (1994), California (1992), Colorado (1993), Delaware (1995), District of Columbia (1996), Florida (1996), Indiana (2001), Massachusetts (1993), Michigan (1993), Minnesota (1991), Missouri (1998), New Jersey (1996), New Mexico (1993), New York (1998), North Carolina (1996), Ohio (1997), Oregon (1999), Pennsylvania (1997), Texas (1995), Wisconsin (1993).

20 Charter School States Have Weak Laws (Grades C-F):
Alaska (1995), Arkansas (1995), Connecticut (1996), Georgia (1993), Hawaii (1994), Idaho (1998), Illinois (1996), Iowa (2002), Kansas (1994), Louisiana (1995), Mississippi (1997), Nevada (1997), New Hampshire (1995),  Oklahoma (1999), Rhode Island (1995), South Carolina (1996), Tennessee (2002), Utah (1998), Virginia (1998), Wyoming (1995). 
Link to: Full Charter School Law Analysis.

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Click here for scoring details and ranking chart. Charter School Laws Across the States is available for $39.95 (plus S&H) by calling the Center at (202) 822-9000.