The Chartering Process
Kelly Roda
OBSTACLES
While the legislation regarding the chartering process varies
widely from state to state, the obstacles that individuals
have run into when proposing schools have been similar.
The obstacles that exist for those proposing charters are
the same reasons that the Southwest Regional Report mentions
to explain why the one-hundred charter school limit in
California has yet to be reached These are that starting a
school is time-consuming and burdensome; that developing and
meeting standards for accountability is difficult; that
there is no funding to start proposals for charter schools;
that the degree of autonomy desired will not exist; that
teacher unions are unsupportive of charter schools, thus
making hiring of teachers more difficult; and that there
are other, more convenient alternatives available for
parents. Charter school proposers are running into these
hindrances all over the country.
Although charter schools exist to improve schools, there
is no doubt that money is a main concern for charter school
proposers. In order to gain support for a charter school,
a certain degree of propaganda must be used. Creating and
distributing information takes time which could otherwise
be used to earn money. While spending money trying to
disseminate their ideas to teachers, parents,
administration and other influential people to gain support,
individuals seeking a charter are losing potential capital.
In order for a charter proposal to be successful, money is
a necessary ingredient.
It would be naive to think that legislation does not have
some effect on the possible difficulty one has creating a
charter school. In some states, chartering a school is a
long, drawn out process without a chance of appealing.
This discourages individuals to propose schools. Other
states have a quick process set up that requires little
time. According to the GAO report, schools seeking the most
independence are the least supported by the districts (p.9).
Thus, it may be difficult for the most innovative schools to
find the sponsors that some legislation requires.
Interpreting how legislation will effect the relative
facility of obtaining a charter without having a good
knowledge of the political background in that state is
impossible. For example, in Massachusetts the approval
of the Secretary of Education is the only thing required
to start a charter. One does not know, however, how
difficult this is to obtain without investigating
Massachusetts and the present Secretary of Education.
Nonetheless, legislation can be a major obstacle for
those proposing charters.
Another main obstacle is creating the proposal itself.
One has to create a school that will appeal to the general
public in order to be successful. Simply satisfying all
of the questions that charter school legislation asks can
be incredibly arduous. Addressing issues such as employee
standards, employee benefits, employee salary, transportation
for students, food services, the location of the school, the
types of facilities to be provided, and so on can be an
extraordinary task. Each issue has to be delved into and
considered from all angles; keeping in mind financial
concerns, interest groups, as well as the desire to create
a fine educational institution.
When added altogether, there are many obstacles that
one proposing a charter school must overcome. While this
makes the charter process time consuming and complex, it
also discourages those who are not truly focused on improving
the educational system. It takes a motivated person, who
is very frustrated with the present traditional school system
or very excited about the possibilities of new innovation to
attempt to create a charter school.
LEGISLATION
ARIZONA
An unlimited number of charter schools are allowed by local
board sponsorship, while the state Board of Education and
state Board of Charter Schools can approve 25 charter schools
a year each. The length of the charter is five years, and
any public body, private person, or private organization can
organize a charter school. Charter schools can be sponsored by
a school district, the state Board of Education or the state
Board of Charter Schools. In addition, a bill has been approved
by the Senate that would allow universities, community colleges,
and county school superintendents to issue charters. The
application process for a proposed charter school requires
information about how schools plan to measure student
improvement. Charter schools must design a method to measure
student progress toward the outcomes adopted by the state board
of education and must report annually on such testing.
Rejected applications may be resubmitted.
CALIFORNIA
Any individual may initiate the charter but they must have
the support of 10% of the teachers in one school district or
50% of the teachers in one school for the charter to be
proposed for approval. Within thirty days of receiving a
petition for a charter school, the school board must hold
a public hearing on the provisions of the proposed charter.
A public hearing helps indicate how much popular support
there is for the charter school in question. Within sixty
days of receiving the petition, the school board must approve
or reject the charter. If the charter is rejected, the
petitioner can appeal to the county superintendent. The
county superintendent must then create a review panel that
consists of three teachers from other school districts in
the county. The review board determines if the charter was
fairly considered and if not, the charter is returned to the
governing board for reconsideration. If the charter is
rejected again, another public hearing may be held at the
request of the petitioners, and the charter is considered
one last time by the county board of education.
COLORADO
Under Colorado law, charter schools which target students
at risk of school failure receive preference for approval
by local school boards. However, rejected applicants may
appeal to Colorado Board of Education, which can overturn
local board decisions. Upon reaching the 50 charter school
limit, individuals or groups may also enter an appeals
process through the Colorado Board of Education (Charter
Schools: Policy Brief, Feb. 1994).
CONNECTICUT
The proposed Connecticut bill will allow any person,
association, non-profit organization, for-profit corporation,
public or independent institution of higher education, local
or regional board of education or regional educational
service center to apply to the commissioner of education
to create a charter school. Applicants must provide a
variety of information in their application such as their
mission, purpose, procedures for governing the school, the
financial package, admission criteria and so on Within
sixty days of submitting an application to the commissioner,
a copy of the application will be filed with the local or
regional board of education of the school district.
Within thirty days of receiving the application from the
commissioner, the local or regional board of education will
recommend to approve or reject the charter. If approval is
recommended a public hearing takes place. If not rejected
by over two thirds of the state board of education after
the hearing, the charter school is approved. If the local
or regional board of education recommends rejecting the
charter, after the hearing has taken place, two third of
the state board of education must approve of the charter
school in order for it to be approved.
FLORIDA
Charter schools may be formed in Florida either:(a) By
creating a new school. A proposal for a new charter
school may be made by an individual, teachers, parents,
a group of individuals, a for-profit corporation, or a
non-profit corporation. Or (b)By converting an existing
school to charter status. In the case of an existing
public school, the proposers shall be the principal,
teachers, and/or parents at the school. A private school,
parochial school, or home education process is not eligible
for charter school status.
The organizers of a charter school may apply to, and
the school may be sponsored by, any of the following:
1. The district school board
2. The State Board of Education
3. The Board of Regents
The district school board shall have the first right of
refusal. Within 60 days a decision to deny or accept the
charter application shall be made. The entity applying
for the charter may then apply [sponsors] If a district
school board denies a charter, the school board shall
provide a written description of the reasons for the
denial to the applicant. The applicant must include
this document in any [following] application made to
alternate sponsors. The sponsor shall accept the
responsibility to monitor the flow of cash and disbursements
to the charter school.
GEORGIA
The application process for Georgia stipulates that a
majority of the faculty, staff, and parents be in favor
of having it. in order to submit a proposal to the local
board. Then, with the local board as sponsor, the group
presents its proposal to the state board, and then it
proceeds to the state board for final approval. The
legislation does include the opportunity to resubmit an
application to the state board and give state aid to
making the charter acceptable.
HAWAII
Hawaii will only grant charters to existing public schools.
Once a proposal has gained the support of three-fifths of
the faculty, staff, support employees, and parents, the
charter receives automatic approval from the state board
of education, except in cases where state boards see conflicts
between the proposed program and statewide standards.
Amendments to charter applications can be made by local
school boards, and charters are essentially guaranteed
for four years given no violations of statewide requirements.
IDAHO
Although the Idaho Charter School bill passed unanimously
in the House Education Committee, it failed to gather a
majority vote in the Senate Education Committee (Fadness,
Mar. 21, 1995; Pg. A9). The bill proposed by Rep. Fred
Tillman R-Boise allowed for the establishment of charter
schools by teachers, parents, or businesses.
ILLINOIS
A charter school bill was passed in the Senate last year
but did not pass in the Democratic controlled House of
Representatives. There was not very much information
on the chartering process.
INDIANA
The Indiana Charter School bill failed to gain a majority
vote in the General Assembly on April 29, 1995 (Labalme,
Apr. 30, 1995, p. B4). In the bill, charter schools could
be created by teachers, community leaders, or an independent
group (such as a corporation) (Shankle, Indianapolis
Business Journal. 15:51, p. 5).
KANSAS
The law in Kansas is in it's beginning limits the number
of schools to 15 statewide and each district can have no
more than 2 charters operating. Any group may apply for
a charter including educational contractors and parents.
In order to apply, a group must submit a petition to the
local school board of the district in which they want to
locate their school. Once the local board approves the
charter, it is sent to the state board of education who
reviews the charter for parts not in compliance with federal
and state laws and regulations. If the charter passes the
review, the state board of education approves the
establishment of the charter school. The charter school
may then apply for a waiver from local school district
regulations and state regulations. The waiver must first
be approved by the local school board, then it may request
on behalf of the charter school a waiver from state board
regulations. However, the school is still legally an
entity of the local school district.
LOUISIANA
Groups seeking charters must include at least three people
holding Louisiana teaching certificates. Public schools
could also transform into charter schools with the approval
of two thirds of the faculty and two thirds of the parents
present at a public meeting.
MASSACHUSETTS
Charter school applications can only be approved in the
Massachusetts's Executive Office of Education.
This eliminates local school boards and parental groups from
the chartering process. These schools may be sponsored by
a business or corporation, at least two certified teachers,
or greater than or equal to ten parents. The sponsors submit
their application to the State Secretary of Education
(Piedad Robertson) who has the authority to approve or reject
the charters. There is no appeals process.
MICHIGAN
A public school academy is defined as a governmental body,
which includes any combination of grades K-12. An
authorizing body is a "public educational institution that
has been granted the power to issue contracts to those
interested in establishing and operating a Public School
Academy" (Michigan Public Q & A, 1.) These bodies may
include one of Michigan's fifteen public state universities,
intermediate school districts, community colleges, and local
school districts except those classified as fourth class or
primary districts. Community colleges are limited to
authorizing only one charter school; state public universities
are limited to a combined total of seventy-five schools
(Michigan Center for Charter Schools, 2.)
An individual is allowed to apply to establish and operate
a Public School Academy. These individuals are granted a
contract by authorizing body, that is subject to the
constitutional powers of the State Board of Education.
Components of a contract include the following: "educational
goals of the school and the methods by which they will be
assessed", "the governance structure of the school", "age
or grade range of the pupils attending the school", and
"the articles of incorporation" (Michigan Public Q & A, 1.)
The chartering (or contracting, which is the term used in
the Act) process in Michigan is as follows. An application
is filed with the authorizing body (the Act currently has
information it requires for the application, but does not
have a single or specific application) by a corporation.
Profit or non-profit organizations may apply to an
authorizing body, so long as the organization meets existing
regulations regarding religion and the schools (Michigan
Center for Charter School, 1.) The authorizing body may
or may not evaluate any applications, and the Act does not
require that applications be evaluated under a certain time
frame. The body may or may not offer any contracts, and in
the case of competing applications, the determination is
made on resources, goals and proposed students (McClellan,
Point 5.) Rejected applications are appealed to the
voters (McClellan, Point 6.)
The major responsibilities of the authorizing body include
reviewing and evaluating each proposed and existing school
in the areas of educational goals, State regulatory codes,
articles of incorporation, programs and practices of the
school (Michigan Public School Academies Q & A, 2.)
A Public Academy's admissions process can be restricted
along the lines of ages, grades, and enrollment numbers,
but cannot be selective. If there are more applicants
than available spaces, a random selection process is used
among those students who are new applicants to the schools.
The academy cannot discriminate on the basis of any
abilities, intellectual or athletic, and cannot use testing
or other measures as a basis of admissions, even though
the academy may have an intellectual focus (Michigan Public
Q & A, 2.) The only acceptable preferential status is
granted to siblings of enrolled students (Michigan Center
for Charter Schools, 1.)
MINNESOTA
At least one licensed teacher must be involved in the group
proposing a charter. The group must get a sponsor either
a local school board or the state board if rejected by the
local board. The state board of education gives the final
approval. The state board of education can also take appeals
if at least two local board members voted for the charter school.
MISSOURI
By the year 1997, the state board of education will select
three school sites to participate in an experiment called
"The New Schools Pilot Project". This project would allow
a school to be managed by a team of five members that would
include at least one person to be designated the principal
of the school. Once the local school board approves the
management team, they are granted some powers that are
similar to those provided in most charter school legislation.
For example the school can apply for a waiver from the state
board of education for exemption from some rules and
regulations.
NEVADA
A charter bill is in hearings in the Senate, but it's
present status is unclear.
NEW HAMPSHIRE
The bill, called the Charter Schools and Open Enrollment
Act, allows 2 NH-certified teachers, 10 parents, or most
non-profit organizations to propose a school charter.
Each proposed school must be approved by a majority of
the eligible voters present at the annual school district
meeting. The school must also be approved by the district
board and the state education department. Rejection by
the local board can be appealed to the education department.
NEW JERSEY
New Jersey has a charter school bill which is now in
the full assembly. According to the bill ten or
more teachers, parents, or any combination of the two,
as well as a college or university in cooperation with
parents and teachers can begin a charter school. The
bill provides a cap on the number of charter schools
that can be created based on the population of a given
county. Private schools, parochial schools and existing
public schools could not become charter schools.
NEW MEXICO
The application/approval process is also quite restrictive.
It requires at least sixty-five percent support from the
teachers at the school and the significant involvement in
planning and support for the measure from the parents whose
children attend the school. The state board of education
is responsible for approving the charter proposal, and
there is no appeals procedure.
OHIO
The bill failed. There was little information on the
chartering process proposed.
OREGON
Parents, teachers, school administrators, or any other
persons or groups may submit a proposal for a charter school.
Charter school proposals are to be submitted to a sponsor.
A Sponsor is defined as a board of a common school district,
a union high school district, an education service district,
a community college district, an institution of higher
education in the State System of Higher Education or the
State Board of Education. If a sponsor rejects a proposal
the applicant may resubmit the proposal after amending it,
or the applicant may submit the proposal to another sponsor.
PENNSYLVANIA
A bill has been proposed in Pennsylvania, but it is in
its beginning stages. The chartering process isn't defined in it.
SOUTH CAROLINA
Parents, teachers, and community members can organize a
charter school proposal. They must find a sponsor.
Sponsors can be local school boards or State Board of
Education. The appeals process is handled through State
Board of Education. In order for the bill to pass an
adequate number of parents, teachers, pupils or any
combination are needed for support of charter school.
TEXAS
Under the Texas bill, charter schools could be created
by anyone, but would then be subject to local school
board approval. Charter schools could only be formed
in home-rule districts. These home rule districts would
be distinct entities from general and special districts.
The designation as a home-rule district would have to be
approved by at least five percent of the district's
registered voters or at least two thirds of the school board.
VERMONT
This bill will allow partnerships or corporations to run
10 experimental charter schools. Applications for charters
will be accepted by a specific deadline each year and will
be granted for five years. A proposed charter must contain
specific information concerning the operation and assessment
of the charter school.
VIRGINIA
In Virginia's bill, the submission of a proposal to local
school boards has to include a mission statement, goals and
performance standards, evidence of parental and teacher
support, a statement of need and a description of governance.
Anti-discrimination standards are clearly stated and schools
must be nonsectarian. If a local school board rejects an
application an appeal may be made to the court having
jurisdiction.
WASHINGTON
Nonprofit organizations or cooperatives, public college and
university teacher preparation programs, and existing public
schools are eligible to establish charter schools.
Charter school applications are to be submitted to the local
school board for approval. If an application is rejected,
the application may be submitted to the state board of education.
WISCONSIN
To get a charter a petition must be circulated and presented
to the local school board.