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Laws & Legislation

Charter School Law

2014 Charter School Law Rankings: The 15th edition of charter school laws across the states is here.
“With the length of the average charter school waiting list increasing to nearly 300 students, there absolutely needs to be a sense of urgency around creating strong charter school laws that will accelerate the pace of growth to meet demand.” Read More.

 

An Introduction to Charter School Laws

Before you can have charter schools, you must have a state charter school law. Forty-two states and the District of Columbia have enacted charter school laws. (The eight states that do not have charter school laws are Alabama, Kentucky, Montana, Nebraska, North Dakota, South Dakota, Vermont, and West Virginia.)

As is the case with most education laws, charter schools are born at the state level. Typically a group of concerned lawmakers drafts a bill that allows the creation of any number of charter schools throughout a state. The content of the charter law plays a large role in the relative success or failure of the charter schools that open within that state. CER has identified a number of factors that can work together to create an environment that promotes the growth and expansion of charter schools. Some of them are identified below.

  • Number of Schools & Applications: The best charter laws do not limit the number of charter schools that can operate throughout the state. They also do not limit the number of students that can attend charter schools. Poorly written laws set restrictions on the types of charter schools allowed to operate (new starts, conversions, online schools), hindering parents’ ability to choose among numerous public schools. Strong charter school law allows many different types of groups to apply to open and start charter schools.
  • Multiple Charter Authorizers: States that permit a number of entities to authorize charter schools, or 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. The goal is to give parents the most options possible, and having multiple authorizers helps reach this goal. Additionally, it is important that the authorizing entities have independent power from one another to prevent creating multiple authorizers “in name only.”
    For more information on why multiple authorizers are important, please see our Multiple Authorizers Primer.
  • Waivers & Legal Autonomy: A good charter law is one that automatically exempts charter schools from most of the school district’s laws and regulations. Of course no charter school is exempt from the most fundamental laws concerning civil rights. These waivers allow charter schools to innovate in ways that traditional public schools cannot.
  • Full Funding & Fiscal Autonomy: A charter school needs to have control of its own finances to run efficiently. The charter school’s operators know the best way to spend funds, and charter law should reflect this need. Similarly, charter schools, as public schools, are entitled to receive the same amount of funds as all other conventional public schools. Many states and districts withhold money from individual charter schools due to fees and “administrative costs,” but the best laws provide full and equal funding for all public schools.

 

What does a strong charter law look like?

Charter Authorizing: The Truth About State Commissions:
Every few years there is a flurry of activity across the country to create or amend state charter school laws. This paper shows how and why lawmakers and policy advocates need to revisit what has become a dangerous trend in charter policy debates.

The Essential Guide to Charter School Lawmaking: Model Legislation for States
CER has developed a roadmap for policymakers and advocates that focuses on essential elements of charter school law: Independent and Multiple Authorizers, Number of Schools Allowed, Operations, and Quality. This framework is based on 20 years of experience working with charter school leaders, policymakers, and legal experts, and reflects what actually works – and what doesn’t – when it comes to ensuring sound charter school policy.

 

Which states have strong charter school laws?

Understanding Charter School Laws and How They Are Ranked:
Clarifying what you need to know for effective policymaking by pointing out how state policy reports differ from one another.

Every year, the Center for Education Reform rates state charter school policy based on four major components that determine the development and creation of high-quality, autonomous charter schools:
1) The existence of independent and/or multiple authorizers
2) The number of schools allowed and state caps
3) Operational and fiscal autonomy
4) Equitable funding

Get the latest edition, the 14th annual Charter School Laws Across the States Ranking and Scorecard 2013 here.

Enroll in EdReform U to learn about past charter school laws and report cards.

School Choice Law

Are Choice Scholarships Programs Constitutional?

The strongest critics of choice scholarship programs claim that they violate the First Amendment (establishment of religion) if dollars are used for religiously affiliated schools. The First Amendment provides freedom of religion, not freedom from religion. Choice scholarship programs let parents choose where to direct their children’s education funds. The state is not imposing religion upon its citizens (a concern of the Founding Fathers), nor does offering parents the choice of a religious education for their children substantiate federal funding of religious institutions. As Clint Bolick, Vice President for Litigation at the Goldwater Institute observes:

All credible contemporary school choice proposals are constitutional.[Contemporary school choice programs] do not propose subsidizing religious schools, but merely include such schools within the range of educational options made available to a neutrally defined category of beneficiaries (usually economically disadvantaged families). No public funds are transmitted to religious schools except by the independent decisions of third parties. As the U.S. Supreme Court repeatedly has affirmed, such “attenuated financial benefit[s], ultimately controlled by the private choices of individual[s]“…are simply not within the contemplation of the Establishment Clause’s broad prohibition.

In 2002, the U.S. Supreme Court upheld the constitutionality of the Cleveland Ohio school choice program, ensuring that laws returning parental stewardship of state educational funds for their children will not be overturned at the federal level. For more on this historic case, see the legal summary and a special edition of CER Newswire for more analysis and what the opposition argues.

 

Which states allow for parents to choose the right educational option for their children? What are my legislators doing to improve school choice in my state?

CER outlines existing school choice programs in the states. The American Federation for Children also does a great job of highlighting Existing School Choice Programs. The Education Policy Center at the Independence Institute offers an amazing library of all the school choice laws.

Pay Education Fifty a visit to find out if your Governor supports school choice and charter schools.

If you want to make school choice happen where you live, check out ways to make it happen in the Take Action area of our website. It only takes 5 minutes to start taking back your schools.

Where does your state stand on: Laws & Legislation?

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