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In general, states reevaluating charter school laws have worked to increase the avenues available to charter applicants and the resources for charter school operators. States have removed caps and sunset provisions in laws as the number of charter schools grows across states and the country.
Changing Charter School Caps and Sunset Provisions
- In 1997, several states removed caps on the number of charter schools permissible, moving in many instances from a pilot program to more of an established part of education reform landscape.
- Connecticut lifted the total student population cap of 1,000 students, and removed distinctions the 24 school cap between local and state charter schools as well as limits on the establishment of a set number of schools in Congressional and school districts.
- Louisiana raised their cap from 8 to 20 for 1997-98 and 42 after June 1, 1999. The legislation also eliminated the pilot nature of the authority to operate charter schools.
- Increased the cap from 25 to 50 with the addition of 12 new schools and 13 Horace Mann charters (conversion schools with different rules than traditional charters in the state).
- Minnesota waived their cap of 40 schools so that there is now no limit.
- Texas does not count schools serving at-risk populations (75% of students) against the state cap of 100 open-enrollment charters.
- The trend continued in 1998 as well.
- California increased from a statewide cap of 100 schools to 250 for 1998-99 with 100 additional schools allowed each year. The district cap of 10 schools was also removed.
- In Colorado, the sunset provision was repealed, making charter schools a permanent part of education reform in the state.
- Florida doubled the cap on new and conversion charters in each district.
- In 1999, Illinois now automatically authorizations an additional 15 charter schools in regions that have reached the cap of 15 charter schools.
- New Mexico revamped their charter school act that had capped the overall number of charters at 5. Now no more than 15 start up charters and five conversion schools can be chartered each year.
Adding Additional Sponsoring Entities and Start-up Schools
- In 1997, Minnesota added private colleges to the list of charter school sponsors. Wisconsin, in its executive budget act, authorized the creation of a charter school by the common council of the City of Milwaukee (Mayor's office), the chancellor of the University of Wisconsin-Milwaukee or the Milwaukee Area Technical College in the Milwaukee school district. Massachusetts created Horace Mann charters, converted public schools that must receive approval by the local school district and teachers union.
- In 1998, Georgia made several changes to their charter school policies. Having only allowed conversion schools, the state authorized the creation of new schools that are approved by the state board after receive approval from the local board.
- In 1999, Arkansas passed legislation that allows for start-up, "open-enrollment" schools that are sponsored by the state. New Mexico revamped their charter law, allowing for start-up schools (like GA and AR, they had only allowed conversions) that are sponsored b the local school board.
Provide Additional Resources for Facilities, Start-up and other Costs
- In 1997, Louisiana created a no-interest loan program for up to $100,000 per school.
- Minnesota established a grant program of up to $50,000 per charter school
- Ohio and PA's new laws had start up funds
- Arizona provided $4.5 million in capital assistance to charter schools
- Minnesota created the first lease assistance program where up to 80% of rent on a facility can be covered under the
program.
- In 1998, Colorado passed legislation that provided charter schools access to the Colorado Postsecondary Educational Facilities Authority to assist in securing bonds.
- Passed one-year $5 million dollar appropriation for charter school capital outlays.
- In 1999, Arkansas passed legislation that authorizes school districts to finance facilities to share under a compact for charter schools. Colorado increased the minimum amount of per pupil revenue a charter school could receive from 80 percent to 95 percent. For information on various state approaches to facilities, read a report on the charter friends national network web site.
- In 2002, California state began providing funds for facilities, rent and lease costs.
- In 2002, Colorado made it easier for them to gain access to capital funds.
- In April of 2003, Indiana passed legislation revising their charter school law. Charters will now be funded as a school district is funded: 35 percent will come from local property tax and 65 percent will come from the state. In addition, charters are now allowed to borrow money from the state for their first semester of operation of if the school has an increase in enrollment of at least 15 percent.
What charter school legislation are states considering during the 2004 session?
California
- In a recent report, the California Legislature's Office of the Legislative Analyst, recommends expanding charter school authorizing agencies, expanding the Categorical Block Grant, allow for multiple charter authorizing agencies and clarify and cap oversight fees.
Idaho
Idaho recently recommended:
- Clarifying rules concerning whether school organizers' children get first draw at enrollment.
- Allowing entities other than local school districts-such as universities and local governments-to sponsor new charters (local school districts make it difficult to start new charter schools)
- Determining whether separate charter schools offering the same curriculum and learning environment should be allowed to be in one district.
Massachusetts
In Massachusetts, Governor Mitt Romney recommends:
- Eliminating the cap on new charter schools. Currently, Massachusetts has three kinds of caps on charter school development including; 1)no more charters can open in the HUB because of the cap barring the alternative public schools from taking more than 9 percent of the district's net school spending, 2) another cap prevents more than 4 percent of the state's students for attending charter schools and 3) a third cap limits the total charters to 120 statewide.
New Hampshire
- As one of the four states with charter schools laws, but has no charter schools, New Hampshire has approved four new charter schools, with 15 more waiting for approval.
Utah
Utah is considering:
- Easing regulations and making it easier to start charter schools by creating a charter-friendly board to evaluate and approve applications for new charter schools. The state Board of Education would have ultimate authority to accept or reject the state Charter Schools Board's decisions, but no longer be responsible for the evaluation process. In addition, school districts could still charter their own schools.
- HB 152 also seeks to exempt charter schools from many of the state laws and rules that govern traditional public schools. For example, charter schools would not have to enter into employee contracts, and they would not have to develop school community councils or improvement plans---two legislative mandates meant to increase accountability and build community involvement.
Wisconsin
- Wisconsin has been working toward increasing accountability in their charter schools.
For more information on state legislative action, check out News.
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