Archived: Expanding Charter School Movement

A r c h i v e d I n f o r m a t i o n

The State of Charter Schools 2000 - Fourth-Year Report, January 2000

A. States and Charter Schools

State Charter Legislation

Charter schools are a state phenomenon. Each piece of legislation grows from a state context and the laws create differences in the types and number of charter schools opened in each state, the level of freedom afforded charter schools, and the amount of accountability required of the schools.

Who can grant charters: The number and types of agencies allowed to grant charters differ by state. In 14 states, only the local board can grant charters and in 8 of those states, the decision of the local board can be appealed to a higher authority. In seven states, some state level agency (usually the State Board of Education) is the only charter granting agency. In the remaining 16 states, multiple agencies are authorized to grant charters--usually local boards and a state body. In five states with multiple charter granting agencies, universities (IHEs) also can grant charters.
Charter creation status: Charter schools can either be newly created or can be schools that were previously district public schools or private schools. Each of the 37 states with charter legislation allows pre-existing public schools to convert to charter status. All states except Mississippi allow newly created schools. Legislation in
10 states allows private schools to convert directly to charter status, while an additional 3 states allow private schools to become charters under specific conditions.
Number of charter schools allowed: Thirteen of the 37 charter states do not limit the number of charter schools allowed to open in the state. Two states (Texas and Nevada) place some limit on the number of charter schools but do not limit the number of schools that enroll at-risk students. The remaining 22 states either limit the total number of schools in the state, the number allowed by district, or the number allowed per year.
Duration of charter term: Charter schools are established as limited-term contracts--at the end of the contract period, the charter must be renewed. Charter terms range between 3 and 5 years in 31 states. Arizona and the District of Columbia have the longest charter terms--15 years although both states require a review at the end of 5 years.

Key Dimensions of Charter Legislation, by State

¹ Although Florida's legislation does not allow private schools to apply directly for charter status, the state allows private schools to convert to charter status if they disband, reincorporate as a new organization with a new board, and enroll students in a public lottery.
² While Florida's legislation does not specify a statewide limit on the number of charter schools, the legislation does restrict the number of charters granted in each district based on district size. The effective cap for the state is 974 schools.
³ Illinois' legislation stipulates that a private school must cease operation as a private school before applying for charter status.
⁴ Idaho's legislation limits the annual number of new charters to 12 with a statewide limit of 60.
⁵ Missouri's legislation limits charter schools to St. Louis and Kansas City with those districts, colleges and universities, and community colleges authorized to grant charters only in St. Louis and Kansas City.
⁶ Missouri's legislation states that no more than 5 percent of the buildings used for instruction in a district may be converted to charter schools.
⁷ Nevada's legislation limits the number of charters granted in each district based on district size, creating an effective cap of about 17 schools, with an exception for schools focusing on at-risk students.
⁸ New Hampshire's legislation allows 10 new charters annually until the year 2000.
⁹ Charter legislation in New Jersey requires a legislative review (including a review of the number of charter schools allowed) in 2000.
¹⁰ New Mexico's legislation allowsu up to 20 new schools annually up to a maximum of 100 schools.
¹¹ Oklahoma's legislation only allows charter schools in districts enrolling 5,000 or more students.
¹² Oregon's legislation limits charter school enrollment to 10 percent of the total number of students enrolled in public schools in the district.
¹³ Texas' legislation does not limit campus charters (schools that were previously district public schools) but limits open-enrollment charters (newly created schools or previously private schools) to 100 with no limit for charters serving at-risk students.

¹⁴ Wisconsin's legislation allows the conversion of private schools only in Milwaukee.

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A. States and Charters Schools (Part 1)

A. States and Charters Schools (Part 3)