Virginia | State Charter Law Rankings Database | National Alliance for Public Charter Schools

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State › Virginia

Total Score: 63 out of 208

Rank: 35

Virginia's charter law was passed in 1998. In 2009-10, there are four charter schools operating, serving anestimated 250 students. Virginia law only allows local school boards to serve as authorizers.

Virginia's law is cap-free. Aside from an absence of formal restrictions on growth, Virginia's law needs improvement across the board, most notably by providing additional authorizing options for charter applicants, ensuring authorizer accountability, providing adequate authorizer funding, beefing up the law in relation to the model law's four "quality control" components, increasing operational autonomy, and ensuring equitable operational funding and equitable access to capital funding and facilities.

How does this state compare to the model law?

Model Law Component	Matches	Virginia's Charter Law	Scoring
No Caps		Virginia law does not place any caps on charter school growth.	Rating: 4 The state does not have a cap. Weight: 3 Total Score: 12
1A. No limits are placed on the number of public charter schools or students (and no geographic limits).	Yes
1B. If caps exist, adequate room for growth.	N/A
A Variety of Public Charter Schools Allowed		Virginia law allows new starts and public school conversions, but not virtual schools.	Rating: 2 The state allows new start-ups and public school conversions, but not virtual schools. OR The state allows only new start-ups. Weight: 1 Total Score: 2
2A. New start-ups.	Yes
2B. Public school conversions.	Yes
2C. Virtual schools.	No
Multiple Authorizers Available		Virginia law only allows local school boards to serve as authorizers (either independently or together in the case of regional charter schools). Since the law passed in 1998, there has been almost no authorizing activity in the state. In fact, there are currently only four public charter schools open in Virginia.	Rating: 0 The state has only a single viable authorizer option available, and there is no or almost no authorizing activity. Weight: 3 Total Score: 0
3A. Two or more viable authorizing options for each applicant with direct application allowed to each authorizing option.	No
Authorizer and Overall Program Accountability System Required		Virginia law requires authorizers to submit annual evaluations of any public charter schools to the state board of education. It requires the state board to review the evaluations against any state board regulations and policies waived for the public charter schools to determine the efficacy of such waivers and whether the public charter schools accomplished established goals and objectives. Virginia law also requires authorizers to submit annually to the state board a comparison of the performance of public charter school students and students enrolled in the regular schools of such relevant school division and a report of the number of students enrolled in such public charter schools at the end of the school year. It requires the state board to report annually its findings and evaluations of any public charter schools established, as well as the number of charters denied, to the governor and the general assembly.	Rating: 1 The state law includes a small number of the elements of the model law's authorizer and overall program accountability system. Weight: 3 Total Score: 3
4A. At least a registration process for local school boards to affirm their interest in chartering to the state.	No
4B. Application process for other eligible authorizing entities.	N/A
4C. Authorizer submission of annual report, which summarizes the agency's authorizing activities as well as the performance of its school portfolio.	Some
4D. A regular review process by authorizer oversight body.	No
4E. Authorizer oversight body with authority to sanction authorizers, including removal of authorizer right to approve schools.	No
4F. Periodic formal evaluation of overall state charter school program and outcomes.	Yes
Adequate Authorizer Funding		Virginia law provides that a public charter school may negotiate and contract with a school division, the governing body of a public institution of higher education, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity, or undertaking which the public charter school is required to perform in order to carry out the educational program described in its charter contract. It also provides that any services for which a public charter school contracts with a school division shall not exceed the division's costs to provide such services. Virginia law also provides that funding and service agreements between local school boards and public charter schools must not provide a financial incentive or constitute a financial disincentive to the establishment of a public charter school, including any regional public charter school.	Rating: 2 The state law includes some of the model law's provisions for adequate authorizer funding. Weight: 2 Total Score: 4
5A. Adequate funding from authorizing fees (or other sources).	No
5B. Guaranteed funding from authorizing fees (or from sources not subject to annual legislative appropriations).	No
5C. Requirement to publicly report detailed authorizer expenditures.	No
5D. Separate contract for any services purchased from an authorizer by a school.	Yes
5E. Prohibition on authorizers requiring schools to purchase services from them.	Yes
Transparent Charter Application, Review, and Decision-making Processes		Virginia law sets forth basic required elements for all charter applications, as well as additional requirements specific to conversions.	Rating: 1 The state law includes a small number of the model law's provisions for transparent charter application, review, and decision-making processes. Weight: 4 Total Score: 4
6A. Application elements for all schools.	Yes
6B. Additional application elements specific to conversion schools.	Yes
6C. Additional application elements specific to virtual schools.	No
6D. Additional application elements specific when using educational service providers.	No
6E. Additional application elements specific to replications.	No
6F. Authorizer-issued request for proposals (including application requirements and approval criteria).	No
6G. Thorough evaluation of each application including an in-person interview and a public meeting.	No
6H. All charter approval or denial decisions made in a public meeting, with authorizers stating reasons for denials in writing.	No
Performance-Based Charter Contracts Required		Virginia law provides that an approved charter application constitutes an agreement, and its terms are the terms of a contract between a public charter school and its authorizer. It provides that the contract between the public charter school and its authorizer must reflect all agreements regarding the release of the public charter school from school division policies. It provides that such contract between the public charter school and its authorizer must reflect all requests for release of the public charter school from state regulations. Virginia law provides that a charter may be approved for a period not to exceed five school years.	Rating: 1 The state law includes a small number of the model law's provisions for performance-based charter contracts. Weight: 4 Total Score: 4
7A. Being created as a separate document from the application and executed by the governing board of the charter school and the authorizer.	No
7B. Defining the roles, powers, and responsibilities for the school and its authorizer.	Some
7C. Defining academic and operational performance expectations by which the school will be judged, based on a performance framework that includes measures and metrics for, at a minimum, student academic proficiency and growth, achievement gaps, attendance, recurrent enrollment, postsecondary readiness (high schools), financial performance, and board stewardship (including compliance).	No
7D. Providing an initial term of five operating years (or a longer term with periodic high-stakes reviews).	Some
7E. Including requirements addressing the unique environments of virtual schools, if applicable.	No
Comprehensive Charter School Monitoring and Data Collection Processes		Virginia law requires authorizers to submit annual evaluations of any public charter schools to the state board of education. It also requires authorizers to submit annually to the state board a comparison of the performance of public charter school students and students enrolled in the regular schools of such relevant school division and a report of the number of students enrolled in such public charter schools at the end of the school year.	Rating: 1 The state law includes a small number of the model law's provisions for comprehensive charter school monitoring and data collection processes. Weight: 4 Total Score: 4
8A. The collection and analysis of student outcome data at least annually by authorizers (consistent with performance framework outlined in the contract).	Some
8B. Financial accountability for charter schools (e.g., Generally Accepted Accounting Principles, independent annual audit reported to authorizer).	No
8C. Authorizer authority to conduct or require oversight activities.	No
8D. Annual school performance reports produced and made public by each authorizer.	No
8E. Authorizer notification to their schools of perceived problems, with opportunities to remedy such problems.	No
8F. Authorizer authority to take appropriate corrective actions or exercise sanctions short of revocation.	No
Clear Processes for Renewal, Nonrenewal, and Revocation Decisions		Virginia law requires charter schools seeking renewal to apply for it. Virginia law provides the following renewal application requirements: (1) A report on the progress of the public charter school in achieving the goals, objectives, program and performance standards for students, and such other conditions and terms as its authorizer may require upon granting initial approval of the charter application; (2) A financial statement, on forms prescribed by the state board, that discloses the costs of administration, instruction, and other spending categories for the public charter school and that has been concisely and clearly written to enable its authorizer and the public to compare such costs to those of other schools or comparable organizations. Virginia law provides that authorizers can revoke a charter contract if they determine that a school violates conditions, standards or procedures established in the charter application, fails to make reasonable progress towards academic performance standards, fails to meet sufficient fiscal management standards, or violates applicable law. It specifies that a charter contract can be revoked if its authorizer determines that it is not in the public interest or the welfare of students in the district to continue the operation of the charter school. Virginia law provides that a charter may be renewed for a period not to exceed five school years.	Rating: 1 The state law includes a small number of the model law's clear processes for renewal, nonrenewal, and revocation decisions. Weight: 4 Total Score: 4
9A. Authorizer must issue school performance renewal reports to schools whose charter will expire the following year.	No
9B. Schools seeking renewal must apply for it.	Yes
9C. Authorizers must issue renewal application guidance that provides an opportunity for schools to augment their performance record and discuss improvements and future plans.	No
9D. Clear criteria for renewal and nonrenewal/revocation.	Some
9E. Authorizers must ground renewal decisions based on evidence regarding the school's performance over the term of the charter contract (in accordance with the performance framework set forth in the charter contract).	Some
9F. Authorizer authority to vary length of charter renewal contract terms based on performance or other issues.	Yes
9G. Authorizers must provide charter schools with timely notification of potential revocation or non-renewal (including reasons) and reasonable time to respond.	No
9H. Authorizers must provide charter schools with due process for nonrenewal and revocation decisions (e.g., public hearing, submission of evidence).	No
9I. All charter renewal, non-renewal, and revocation decisions made in a public meeting, with authorizers stating reasons for non-renewals and revocations in writing.	No
9J. Authorizers must have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.	No
Educational Service Providers Allowed		Virginia law is silent regarding these arrangements.	Rating: 1 The state law is silent regarding these arrangements OR The state law prohibits contracting with certain types of educational service providers. Weight: 2 Total Score: 2
10A. All types of educational service providers to operate all or parts of charter schools.	No
10B. A performance contract between the independent public charter school board and the service provider is required.	No
10C. Existing and potential conflicts of interest between the two entities are required to be disclosed and explained in application.	No
Fiscally and Legally Autonomous Schools, with Independent Public Charter School Boards		Virginia law states that a charter school must be run by a management committee (comprised of parents, teachers, representatives of community sponsors) that administers and manages the school in a manner agreed upon by applicant and the local school board. Virginia law also requires charter schools to enter into charter contracts with their authorizer and allows charter schools to enter into contracts for services.	Rating: 2 The state law includes some of the model law's provisions for fiscally and legally autonomous schools with independent public charter school boards. OR The state law includes all of them for some schools, but not others. Weight: 3 Total Score: 6
11A. Fiscally and legally autonomous schools (e.g., schools have authority to receive and disburse funds, enter into contracts, and sue and be sued in their own names).	Some
11B. School governing boards independent of the authorizer and created specifically to govern their charter school(s).	Some
Clear Student Recruitment, Enrollment and Lottery Procedures		Virginia law requires that enrollment in a public charter school is to be conducted via a lottery process on a space available basis.	Rating: 1 The state law includes a small number of the model law's requirements for student recruitment, enrollment, and lottery procedures. Weight: 1 Total Score: 1
12A. Open enrollment to any student in the state.	No
12B. Lottery requirements.	Yes
12C. Required enrollment preferences for previously enrolled students within conversions, prior year students within chartered schools, and siblings of enrolled students enrolled at a charter school.	No
12D. Optional enrollment preference for children of a school's founders, governing board members, and full-time employees, not exceeding 10% of the school's total student population.	No
Automatic Exemptions from Many State and District Laws and Regulations		Virginia law allows charter schools to ask the district for waivers of district policies and to have the district ask the state board of education for waivers from state regulations. Virginia law requires all charter school teachers to be certified.	Rating: 1 The state law allows schools to apply for exemptions from state and district laws and requires all of a school's teachers to be certified. OR The state law does not provide automatic exemptions from many state and district laws and regulations and does not require any of a school's teachers to be certified. OR The state law allows schools to apply for exemptions from state and district laws and requires some of a school's teachers to be certified. Weight: 3 Total Score: 3
13A. Exemptions from all laws, except those covering health, safety, civil rights, student accountability, employee criminal history checks, open meetings, freedom of information, and generally accepted accounting principles.	Some
13B. Exemption from state teacher certification requirements.	No
Automatic Collective Bargaining Exemption		Virginia law requires that charter schools remain part of district collective bargaining agreements and personnel policies.	Rating: 0 The state law requires all charter schools to be part of existing collective bargaining agreements, with no opportunity for exemptions. Weight: 3 Total Score: 0
14A. Charter schools authorized by non-local board authorizers are exempt from participation in district collective bargaining agreements.	N/A
14B. Charter schools authorized by local boards are exempt from participation in district collective bargaining agreements.	No
Multi-School Charter Contracts and/or Multi-Charter Contract Boards Allowed		Virginia law is silent regarding these arrangements.	Rating: 1 The state law is silent regarding these arrangements. OR The state law explicitly allows either of these arrangements but does not require each school to be independently accountable for fiscal and academic performance. OR The state law explicitly allows these arrangements for some schools but not others. Weight: 1 Total Score: 1
15A. Oversee multiple schools linked under a single contract with independent fiscal and academic accountability for each school.	No
15B. Hold multiple charter contracts with independent fiscal and academic accountability for each school.	No
Extra-Curricular and Interscholastic Activities Eligibility and Access		Virginia law is silent about charter eligibility and access.	Rating: 1 The state law is silent about charter eligibility and access. Weight: 1 Total Score: 1
16A. Laws or regulations explicitly state that charter school students and employees are eligible to participate in all interscholastic leagues, competitions, awards, scholarships, and recognition programs available to non-charter public school students and employees.	No
16B. Laws or regulations explicitly allow charter school students in schools not providing extra-curricular and interscholastic activities to have access to those activities at non-charter public schools for a fee by a mutual agreement.	No
Clear Identification of Special Education Responsibilities		Virginia law provides that the proportionate share of state and federal resources allocated for students with disabilities and school personnel assigned to special education programs be directed to public charter schools enrolling such students, but does not provide clear identification of which entity is the LEA responsible for providing special education services nor regarding regarding funding for low-incident, high-cost services for charter schools. In practice, the authorizing school district is the LEA.	Rating: 1 The state law addresses special education, but is unclear about responsibility for providing services and funding for low-incident, high- cost services. Weight: 2 Total Score: 2
17A. Clarity regarding which entity is the local education agency (LEA) responsible for providing special education services.	Some
17B. Clarity regarding funding for low-incident, high-cost services for charter schools (in the same amount and/or in a manner similar to other LEAs).	Some
Equitable Operational Funding and Equal Access to All State and Federal Categorical Funding		Virginia law allows a local school board to establish by contract an agreement stating the conditions for funding the public charter school. Virginia law requires the proportionate share of moneys allocated under other federal or state categorical aid programs be directed to public charter schools serving students eligible for such aid, but does not provide clear guidance on the pass-through of such funds.	Rating: 1 The state law includes a small number of the model law's provisions for equitable operational funding and equal access to all state and federal categorical funding. Weight: 3 Total Score: 3
18A. Equitable operational funding statutorily driven.	No
18B. Equal access to all applicable categorical federal and state funding, and clear guidance on the pass-through of such funds.	Some
18C. Funding for transportation similar to school districts.	No
Equitable Access to Capital Funding and Facilities		Virginia law allows charter schools to access financing through the Virginia Small Business Financing Authority.	Rating: 1 The state law includes a small number of the model law's provisions for equitable access to capital funding and facilities. Weight: 3 Total Score: 3
19A. A per-pupil facilities allowance which annually reflects actual average district capital costs.	No
19B. A state grant program for charter school facilities.	No
19C. A state loan program for charter school facilities.	No
19D. Equal access to tax-exempt bonding authorities or allow charter schools to have their own bonding authority.	Yes
19E. A mechanism to provide credit enhancement for public charter school facilities.	No
19F. Equal access to existing state facilities programs available to non-charter public schools.	No
19G. Right of first refusal to purchase or lease at or below fair market value a closed, unused, or underused public school facility or property.	No
19H. Prohibition of facility-related requirements stricter than those applied to traditional public schools.	No
Access to Relevant Employee Retirement Systems		Virginia law requires participation in the relevant employee retirement systems.	Rating: 2 The state law requires participation in the relevant employee retirement systems. Weight: 2 Total Score: 4
20A. Charter schools have access to relevant state retirement systems available to other public schools.	Yes
20B. Charter schools have the option to participate (i.e., not required).	No

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