Comparison Of Charter School Legislation
| Arkansas | Louisiana | New Mexico | Texas | |
|---|---|---|---|---|
| Background Information | In 1995, the Arkansas General Assembly approved House Bill 1934 which established a "procedure" whereby local schools may become charter schools. Any local school may petition the State Board of Education for charter school status once the petition is approved at the local level. Later this year, the State Board of Education will establish more specific rules and regulations pertinent to charter schools. State and local board members expect to begin reviewing applications sometime next year, with the first schools slated to open in Fall 1997. Contracts will initially be granted for three years. | In 1995, Senate Bill 1305 authorized charter school demonstration programs in up to eight city or parish (county) school systems in Louisiana. Public school systems must apply for and be granted chartering authority by the Board of Elementary and Secondary Education (BESE). Local school boards are responsible for the approval of specific charter proposals. Eligible school systems are limited to authorizing no more than one charter school for every 20,000 students enrolled in public and approved nonpublic schools within their jurisdiction. Each local board can also sponsor and propose charter status for one or more additional schools in their system. | With the passage of House Bill 888 in 1993, New Mexico became the third state in the nation to enact legislation to establish charter schools. The law authorizes the State Board of Education to establish no more than five charter schools for a time period not to exceed five years. In June 1994, charter status was awarded to four schools; applications for a fifth school were solicited by the State Department of Education in summer 1995. | In 1995, Senate Bill 1 authorized an unlimited number of "on-campus" charter schools and up to 20 "open-enrollment" charter schools in Texas. Local boards of education will be responsible for granting on-campus charters to existing school campuses or individual campus programs. Open-enrollment charters, which can enroll students from across the state, will be granted by the State Board of Education to private and public institutions of higher education, non-profit organizations, or government entities. |
| Autonomy | Not specified in legislation. Will be left to the discretion of the state board. | Charter schools will operate as non-profit corporations but remain legally part of the local district. Schools are automatically exempted from all state and local board rules and regulations. | Charter schools are not legally autonomous and remain under local board authority. Schools must petition the State Board of Education to have rules and regulations waived. | On-campus charter schools will remain under local board authority. Open-enrollment charter schools will be legally autonomous. All schools are automatically exempted from most state and local education codes. |
| Accountability | Charter school petitions must include a set of performance-based objectives, student achievement objectives, and a means for assessing these objectives on a yearly basis. An annual accountability report will be provided to parents, community members, local boards, and the State Department of Education. | Charter schools are subject to existing state mandated student assessments and state minimum graduation requirements. Improvement in standardized test scores is required for charter renewal. | Performance standards for charter schools must meet or exceed public school outcomes adopted by the State Board of Education. An annual accountability report will be provided to parents, community members, local boards, and the State Department of Education. | All charter schools are subject to existing public school accountability requirements. |
| Equity | Charter schools cannot have a segregating effect. No other admissions criteria are specified. | The percentage of at-risk students in charter schools must equal or exceed the percentage of at-risk students in the total school system. Schools can establish admissions criteria directly related to the school's role, scope, and mission but cannot make exclusions based on race, religion, ethnicity, national origin, intellectual ability, or identification as an exceptional child. | No admissions criteria are outlined. Priority is given to students in a charter school's attendance zone. | On-campus charter schools cannot discriminate on the basis of national origin, ethnicity, race, religion, or disability. Priority for admission is given to students in a charter school's attendance zone, although secondary consideration is given to student age, grade level, and academic credentials. Open-enrollment charter schools prohibit discrimination on the basis of gender and academic or athletic ability. |
| Employment | Not specified in legislation. Will be left to the discretion of the State Board of Education. | Seventy-five percent of charter school instructional staff must be certified teachers. The other 25 percent can be alternatively certified, hold a bachelor's degree, or have at least ten years of pertinent work experience. Those without certification must work under the supervision of a certified teacher. Charter school teachers will be granted a leave of absence from the school system but will remain eligible for all employment protections and benefits. | Charter schools must employ certified teachers, although this requirement can be waived. Employees will remain district employees and retain employment protections and benefits. | All employment issues, including salary, professional credentials, retirement, and job security, are subject to negotiation in individual charter contracts. |
| Funding and Assistance | Not specified in legislation. Will be left to the discretion of the State Board of Education. | Funds will flow through the local board to the charter school. Charter schools are eligible to solicit, accept, and administer donations or other forms of public assistance for educational purposes from any public or private person, corporation, or agency. | Funds flow through the local board to charter schools. Charter schools must submit a school-based budget although the local board may retain relevant administrative costs. A start-up grant of $65,000 was divided among the first four charter schools. No start-up funds will be provided for the fifth school. | Funds will flow through the local district to on-campus charter schools. All state, local, and special funds (e.g., special education) will follow the child directly to open-enrollment charter schools. |
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Published in
Insights on Educational Policy, Practice, and Research
Number 5, July 1995,
Charter Schools: Early Learnings (Comparison of Charter School Legislation)
