| A | B | C | D | E | |
|---|---|---|---|---|---|
1 | State | Who can approve charter schools? | Are Charter Schools Part of a Local Educational Authory or Autonomous? | Through Whom Does a Charter School Receive its Funding? | Does the State Have Any Caps on the Number of Charter Schools? |
2 | Alaska | Both the local school board and the state board of education must approve charter applications. | A charter school is part of an LEA. | The school district | Prior to 2011, Yes. 60. Cap lifted in 2011. |
3 | Arizona | The local school board, the state board of education or the state board for charter schools. For conversion and open enrollment charter schools, both the local school board and the state board of education must approve charter applications. | A charter school is its own LEA. | Funding for charter schools authorized by local school boards flows from the state department of education to the county to the school district to the charter school. Funding for other charter schools flows from the state department of education to the state treasurer to the charter school. | No |
4 | Arkansas | For conversion and open enrollment charter schools, both the local school board and the state board of education must approve charter applications. | A conversion charter school is part of an LEA. An open enrollment charter school is its own LEA. | Conversion charter schools receive funding from the school district. Open enrollment charter schools receive funding through the state. | Yes. The state board of education may grant no more than 24 charters for open enrollment charter schools, although high-performing charters may apply to the state board of education to open additional sites on their charters that do not count against the cap. |
5 | California | Local school board, county board of education, and state board of education. A county board of education may approve: (1) A charter that will serve pupils for whom the county office of education would otherwise be responsible for providing direct education and related services; or (2) A charter that operates at 1 or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education (i.e., countywide benefit charters). The state board of education may approve a charter school operating in multiple sites throughout the state if the charter will provide instructional services of statewide benefit (i.e., statewide benefit charters). | A charter school may choose to be a part of an LEA or its own LEA. | It differs by type of charter school. The superintendent of public instruction is required to annually compute a general-purpose sum, funded from a combination of state aid and local funds, for each charter school. | Yes. 1,250 in the 2008-09 school year, with increases by 100 each year. |
6 | Colorado | A charter school applicant may submit an application to a school district or, if the school district in which the charter school is to be located has not retained exclusive authority to authorize charter schools from the state board of education, to the state charter school institute. | A charter school approved by a local school board is part of the LEA. A charter school approved by the state charter school institute is part of the state charter school institute (an LEA). | For charter schools authorized by a local school board, the school district. For charter schools authorized by the state charter school institute, the state charter school institute | No |
7 | Connecticut | Local charter schools must be approved by the local or regional board of education and the state board of education. State charter schools must be approved by the state board of education. | A charter school is its own LEA. However, for special education purposes, a charter is part of the school district LEA in which it is located. | For local charter schools, the school district. For state charter schools, the state | Yes. 250 students per state board of education-authorized charter or 25% of the enrollment of the district in which the charter is located, whichever is less. 300 students per state board of education-authorized K-8 charter or 25% of the enrollment of the district in which the charter is located, whichever is less. Charters with a demonstrated record of achievement are capped at 85 students per grade. |
8 | Delaware | Local school boards may approve conversion charter schools. Either local school boards or the state secretary of education and the state board of education may approve start-up charter schools. | A charter school is its own LEA. | Through the state and the local school district | No. However, the state department of education (with the approval of the state board of education) or a local school board may limit the number of charters granted. |
9 | District of Columbia | The D.C. Public Charter School Board | A charter school is its own LEA, except that for special education purposes it may choose to be part of the local school district. | The city government | Yes. 20 per year |
10 | Florida | Local school boards, state universities (lab schools only) and community college district boards of trustees (charter technical career centers only) | A charter school is part of an LEA. | The school district | No |
11 | Georgia | Local school boards, the state board of education (upon an appeal from the local school board), and the state charter school. | A district-authorized charter school is part of the local school district. A state-authorized charter school is its own LEA. | Through the local school district for district-authorized schools and from the state for state-authorized schools | No |
12 | Hawaii | The state charter school review panel | A charter school is part of the LEA that is the state-wide school district. | The state | Yes. 25 conversion schools and 23 start-up schools. An additional start-up charter school is permitted for every existing start-up that receives accreditation for 3 or more years. |
13 | Idaho | Only local school boards may approve conversion charter schools. Local school boards and the state public charter school commission may approve start-up charter schools. | A charter school that is approved by a local school board is part of an LEA. A charter school that is approved by the state public charter school commission is its own LEA. | The state | Yes. 6 per year, with not more than one charter school per school district (not including virtual public charter schools or the transfer of a charter for a school already approved). Also, an entire school district may not be converted to a charter district (or any configuration where all schools are charter schools) in any one school year. |
14 | Illinois | Local school boards. Also, a local school board must, whenever petitioned to do so by 5% or more of the voters of a school district or districts identified in a charter school proposal, order submitted to the voters at a regularly scheduled election the question of whether a new charter school should be established. If the majority of voters approve the referendum, the state board of education must enter into a contract with the charter school. | A charter school that is approved by a local school board is part of an LEA. A charter school that is approved on appeal by the state board of education is its own LEA. | The school district | Yes. 120 total, with a maximum of 70 in Chicago and 45 in the rest of state (with not more than one charter school that has been initiated by a local school board, or by an intergovernmental agreement between or among local school boards, operating at any one time in the district where the charter school is located); in addition to these charter schools, up to but no more than 5 charter schools devoted exclusively to re-enrolled high school dropouts may operate at any one time in Chicago. |
15 | Indiana | (1) Local school boards; (2) Public universities that offer a four-year baccalaureate degree (or persons assigned under the direction of the university's board); or (3) The mayor of Indianapolis, upon approval of a majority of the members of the city's legislative body. Also, before granting a charter under which more than 50% of the students in a district will attend a charter school, a local school board must receive the approval of the state department of education. | A charter school is its own LEA. | The state | No caps exist on the number of charter schools that may operate across the state, although the mayor of Indianapolis may approve no more than 5 charters per year. Also, up to 200 students may enroll in virtual charter schools in the 2009-2010 school year and up to 500 students may enroll in virtual charters in the 2010-2011 school year (at least 75% of such students must have been enrolled in public schools the previous year). |
16 | Iowa | Both the local school board and the state board of education must approve a charter application. | A charter school is part of an LEA. | The school district | Yes. 20 conversion schools are permitted with not more than one school per district. |
17 | Kansas | Both the local school board and the state board of education must approve a charter application. | A charter school is part of an LEA. | School district | No |
18 | Louisiana | Local school boards and the state board of education | A locally-approved charter school is part of an LEA. A state-approved charter school is its own LEA. | Locally-approved charter schools receive funding through the school district and state-approved charter schools receive funding through the state. | No |
19 | Maryland | Local school boards may approve charter schools. | A charter school is part of an LEA. | Local school board | No |
20 | Massachusetts | The state board of education approves both commonwealth and Horace Mann charter schools. However, for Horace Mann charter schools, the application must 1st be approved by the local school committee and local teachers union. | A commonwealth charter school, which is approved by the state board of education, is its own LEA. A Horace Mann charter school, which is approved by the local school committee and the local teachers union (the charter is granted by the state board of education), is its own LEA for most purposes (including reporting of enrollment and assessment data and grant allocations), although some aspects of its legal status are determined through negotiations with the school district. | Commonwealth charters receive tuition funding from each student's sending district. Horace Mann charters receive an agreed upon budget allocation from their local school committee. | Yes. 120, with 48 reserved for Horace Mann charter schools and 72 reserved for commonwealth charter schools. Commonwealth charter schools may not serve more than 4% of the statewide public school population. The state board of education may not approve a new commonwealth charter school in any community with a population of less than 30,000 unless it is a regional charter school. In any year, the state board of education may approve only one regional charter school located in a school district where overall student performance on the statewide assessment system is in the top 10% in the year preceding charter application. |
21 | Michigan | Local school boards, intermediate school boards, community colleges or state public universities, all subject to state board of education review for compliance with law | A charter school is its own LEA. | The charter authorizing body | Yes. 150 authorized by state universities, with no single university authorizing more than 50% of the 150. In addition, 15 charter high schools in the Detroit School District may be authorized by state universities. |
22 | Minnesota | Local school boards, intermediate school boards, educational district cooperatives, nonprofit organizations, public postsecondary institutions or private colleges, all subject to approval by the state commissioner of education | A charter school is its own LEA. | The state | No |
23 | Missouri | (1) The Kansas City and St. Louis school boards; (2) A community college in the Kansas City and St. Louis school districts; or (3) A public or private 4-year college or university located in the Kansas City and St. Louis school districts or in a county adjacent to the county in which the districts are located (must have an approved teacher education program that meets regional or national standards of accreditation). If a charter is approved by a sponsor, it is submitted to the state board of education, which may disapprove the granting of the charter within a specified time period. | A charter school is its own LEA. | The school district | Yes. Charter schools may open only in the Kansas City and St. Louis school districts. While there is no cap on start-up charter schools, no more than 5% of the operating public schools in a school district may be converted to charter schools. |
24 | Nevada | A charter applicant may apply to either a local school board or the state board of education. A local school board may apply to the state department of education for authorization to sponsor charter schools within the school district. A charter school application approved by a local school board must also be approved by the state department of education. | A charter school is part of an LEA. | The state | No |
25 | New Hampshire | The local school board and the state department of education must approve charter applications. There is also a pilot program, in place between July 1, 2003, and June 30, 2013, which authorizes the state board of education to grant charters (no more than 20). | A charter school is its own LEA. | For charter schools approved by a local school board and the state board of education, the school district. For charter schools approved by the state board of education, the state | Yes. Through a pilot program, the state board of education may grant up to 20 charters by June 30, 2013. There is a moratorium on the approval by the state board of any new charter schools until June 30, 2011. |
26 | New Jersey | The state commissioner of education | A charter school is its own LEA. | The school district | No |
27 | New Mexico | Local school boards and the state department of education | A charter school is part of an LEA. | The school district | Yes. No more than 15 schools may open per year with a 5-year cap of 75. A charter school in a district with 1,300 or fewer student may not enroll more than 10% of the total number of students in the district. |
28 | New York | Local school boards and the chancellor of the New York City Public Schools may approve conversion and start-up schools. The State University of New York board of trustees and the state board of regents may approve start-up schools. The state board of regents must also approve any charter application approved by another entity. | A charter school is its own LEA, except that for special education purposes it is part of an LEA. | The school district | Yes. 460 total |
29 | North Carolina | Local school boards, the board of trustees of a constituent institution of the University of North Carolina, or the state board of education; charter schools approved by local school boards and the University of North Carolina must also be approved by the state board of education. | A charter school is part of the LEA in which it is located. | State funds flow from the state to the charter school and local funds flow from the school district to the charter school. | Yes, prior to 2011. 100 with a maximum of 5 per school district per year. The cap was removed in 2011. |
30 | Ohio | For conversion charter schools, local school boards. For start-up charter schools in "big 8" school districts, "academic emergency" school districts, "academic watch" school districts and school districts that are part of the pilot project area: (1) Local school boards; (2) Boards of joint vocational school districts; (3) Boards of educational service centers; (4) State universities, as approved by the state department of education; (5) Federally tax-exempt entities, as approved by the state department of education; or (6) When another authorizer fails to comply with its obligation as a sponsor, the state department of education. | A charter school is its own LEA. | The state | Yes. 60 charters beyond the number open as of May 5, 2005, with 30 authorized by the district and 30 by a non-district entity; however, operators of charters with a track record of success are not subject to these restrictions. |
31 | Oklahoma | A local school district, an area technology school center school district, or a higher education institute | A charter school is part of an LEA. | The school district | Yes. 6 charters per year (3 in Oklahoma County and 3 in Tulsa County); also charters are only allowed in 10 districts in Oklahoma and Tulsa Counties |
32 | Oregon | Local school boards | A charter school is part of an LEA. | The school district | No. However, there is a moratorium on new virtual charters that do not have 50% or more of their students residing in the school district in which the school is located. There is also a moratorium on the expansion of existing virtual charters that do not have 50% or more of their students residing in the school district in which the school is located beyond the number of students enrolled as of May 1, 2009. |
33 | Pennsylvania | Local school boards. 2 or more local school boards may grant regional charters. State for virtual charters. | For certain situations, a charter school is its own LEA; for other situations, it is part of an LEA. | The school district | No |
34 | Puerto Rico | The Education Reform Institute | A charter school is part of an LEA. | The Education Reform Institute | Yes. Cannot exceed 15% of the total schools for the pre-primary, primary and secondary levels of the public education system. |
35 | Rhode Island | The state board of regents, after the charter school has been approved by the local school board or the state commissioner of elementary and secondary education | A charter school is its own LEA. | The state share through the state, and the local share through the school district | Yes. 20 charters with schools enrolling no more than 4% of the state's students; at least 10 of the 20 charter schools must be reserved for charters designed to increase the educational opportunities for at-risk students. |
36 | South Carolina | An applicant must first submit an application to the state-level charter school advisory committee, which determines whether the application is compliant. If so, the application is forwarded to the local school board, which then determines whether or not to approve the application. | A charter school organizes as non-profit organization, but is part of an LEA. | The school district | No |
37 | Tennessee | Local school boards | A charter school is part of an LEA. | The school district | Prior to 2011, Yes. 90 start-up charters, 35 of which must be located in Memphis, 4 of which must be located within Shelby County and 20 of which must be located in Davidson County. Three charters schools devoted exclusively to the re-enrollment of high school students who have dropped out of school are allowed, with no more than one such charter school created in any local education agency. These schools don't count against the cap of 90. Cap removed in 2011. |
38 | Texas | Local school boards for school district-approved charters and state board of education for open-enrollment charters | A school district-approved charter school is part of an LEA. A state board of education-approved charter school, called an open-enrollment charter school, is its own LEA. | For school district-approved charters, the school district and for open-enrollment charters, the state | Yes. 215 state-authorized open-enrollment charter schools |
39 | Utah | Subject to the approval of the state board of education, a local school board, the state charter school board, or a board of trustees of a higher education institution. | A charter school that is approved by a local school board is part of an LEA. A charter school that is approved by the state charter school board is its own LEA. | A charter school that is sponsored by a local school board and that is either a conversion charter school or located in a school district facility receives its funding through the school district. Any other charter school receives its funding through the state. | No. The state board of education may approve an increase in charter school enrollment capacity in the 2012-2013 school year or thereafter subject to the legislature appropriating funds for the increase. |
40 | Virginia | Local school boards. Two or more local school boards may sponsor a regional charter school. | A charter school is part of an LEA. | The school district | No |
41 | Wisconsin | Outside of Milwaukee, local school boards may approve charter schools. In Milwaukee, the local school board, city of Milwaukee, University of Wisconsin-Milwaukee or Milwaukee Area Technical College may approve charter schools. In addition, the University of Wisconsin-Parkside may sponsor one charter school. | A charter school that is authorized by the city of Milwaukee, the University of Wisconsin-Milwaukee, the University of Wisconsin-Parkside and the Milwaukee Area Technical College is its own LEA. A charter school that is sponsored by a local school board may be either part of an LEA or its own LEA. Charters that are part of the LEA that is the school district are known as instrumentality charter schools, and their employees are employees of the school district. Charters that are their own LEA are known as non-instrumentality charter schools, and their employees are not employees of the school district. | A charter school authorized by a school board receives its funding from the school district. A charter school authorized by a city, university or technical college receives its funding from the state. | No. However, The University of Wisconsin-Parkside may only sponsor one charter school with a maximum of 480 students enrolled. Also, the number of students attending virtual charters may not exceed 5,250. |
42 | Wyoming | Local school boards | A charter school is part of an LEA. | School districts | No |
43 | 1) Based on data compiled by the Education Commission of the States and available at: http://www.ecs.org/html/educationIssues/CharterSchools/CHDB_intro.asp?50s=show") | ||||
44 | Maintenance of this database is a collective effort between ECS and the National Alliance for Public Charter Schools. ") | ||||
45 | 2) As of 4/2011, 39 states, the District of Columbia and Puerto Rico have enacted charter school laws, so this database contains information only for them. | ||||
46 | It does not contain any information for the 11 states that had not enacted charter school laws as of 4/2011. | ||||
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