Measuring Up to the Model



Kansas

TOTAL SCORE:
60 out of 228

Rank: 42 out of 43

Year Charter School Law Was Enacted:  1994
Estimated Number of Public Charter Schools in 2013-14:  11
Estimated Number of Public Charter School Students in 2013-14:  2,466

Kansas did not pass any legislation in 2013 that affected its score and ranking.

Kansas’ score decreased from 63 points in 2013 to 60 points this year.  The score changed because of further clarification about the specific policies for Component #4 (Authorizer and Overall Program Accountability System Required).  Its ranking went from #40 to #42.

Kansas’ law needs improvement across the board.  Potential starting points include expanding authorizing options, beefing up the law in relation to the model law’s four quality control components (Components #6 through #9), increasing operational autonomy, and ensuring equitable operational funding and equitable access to capital funding and facilities.

Do Kansas's laws align to the model law?

Model Law Component

Matches

Kansas's Charter Law

Score

1. No Caps

weight = 3 | Possible total = 12

Kansas law does not place any caps on charter school growth.

12

1A. No limits are placed on the number of public charter schools or students (and no geographic limits).

1B. If caps exist, adequate room for growth.

N/A

2. A Variety of Public Charter Schools Allowed

weight = 2 | Possible total = 8

Kansas law allows new start-ups, public school conversions, and virtual schools.

8

2A. New start-ups.

2B. Public school conversions.

2C. Virtual schools.

3. Multiple Authorizers Available

weight = 3 | Possible total = 12

Kansas law only provides one authorizing option for charter applications. First, the local school board must approve it. Second, the state board of education must approve it. There is almost no authorizing activity in the state.

0

3A. The state allows two or more authorizing options (e.g., school districts and a state charter schools commission) for each applicant with direct application to each authorizer.

4. Authorizer & Overall Program Accountability System Required

weight = 3 | Possible total = 12

Kansas law provides that at the conclusion of each school year in which a charter school is operated in a school district, the local school board must evaluate the impact the charter school has had on the educational system of the district and submit the evaluation to the state board of education. If applicable, the evaluation must include a statement regarding the reasons why a charter school was discontinued or did not seek renewal and whether the program will continue as a non-charter school.

Kansas law requires the state board to review, assess and compile the evaluations of charter schools submitted by local school boards and submit the compilation of evaluations and other relevant material, including specification of school district and state board waivers granted with respect to the operation of each charter school, to the governor and the legislature.

However, it does not require at least a registration process for school boards to affirm their interest in chartering to the state, authorizer submission of an annual report that summarizes the agency’s authorizing activities as well as the performance of its school portfolio, a regular review process by authorizer oversight body, and an authorizer oversight body with authority to sanction authorizers, including removal of authorizer right to approve schools.

3

4A. At least a registration process for local school boards to affirm their interest in chartering to the state.

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.

4D. A regular review process by authorizer oversight body.

4E. Authorizer oversight body with authority to sanction authorizers, including removal of authorizer right to approve schools.

4F. Periodic formal evaluation of overall state charter school program and outcomes.

5. Adequate Authorizer Funding

weight = 2 | Possible total = 8

Kansas law includes none of the model law's provisions for adequate authorizer funding.

0

5A. Adequate funding from authorizing fees (or other sources).

5B. Guaranteed funding from authorizing fees (or from sources not subject to annual legislative appropriations).

5C. Requirement to publicly report detailed authorizer expenditures.

5D. Separate contract for any services purchased from an authorizer by a school.

5E. Prohibition on authorizers requiring schools to purchase services from them.

6. Transparent Charter Application, Review, and Decisionmaking Processes

weight = 4 | Possible total = 16

Kansas law provides application requirements for all charter schools and requires local school boards to hold a public hearing for each application, but does not include additional application elements specific to conversion schools, virtual schools, educational service providers, and replications. It does not require authorizers to issue a request for proposals, to conduct an in-person interview, to make approval and denial decisions in a public meeting, and to state the reasons for denials in writing.

4

6A. Application elements for all schools.

6B. Additional application elements specific to conversion schools.

6C. Additional application elements specific to virtual schools.

6D. Additional application elements specific when using educational service providers.

6E. Additional application elements specific to replications.

6F. Authorizer-issued request for proposals (including application requirements and approval criteria).

6G. Thorough evaluation of each application including an in-person interview and a public meeting.

6H. All charter approval or denial decisions made in a public meeting, with authorizers stating reasons for denials in writing.

7. Performance-Based Charter Contracts Required

weight = 4 | Possible total = 16

Kansas law lacks most of the model law’s provisions for performance-based charter contracts. However, Kansas law provides that operating terms for charter schools are five years.

4

7A. Being created as a separate document from the application and executed by the governing board of the charter school and the authorizer.

7B. Defining the roles, powers, and responsibilities for the school and its authorizer.

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).

7D. Providing an initial term of five operating years (or a longer term with periodic high-stakes reviews.

7E. Including requirements addressing the unique environments of virtual schools, if applicable.

8. Comprehensive Charter School Monitoring and Data Collection Processes

weight = 4 | Possible total = 16

Kansas law lacks most of the model law’s provisions for comprehensive charter school monitoring and data collection processes. However, Kansas law provides that at the conclusion of each school year in which a charter school is operated in a school district, the local school board must evaluate the impact the charter school has had on the educational system of the district and submit the evaluation to the state board of education. If applicable, the evaluation must include a statement regarding the reasons why a charter school was discontinued or did not seek renewal and whether the program will continue as a non-charter school. Kansas also publishes report cards for each public school in the state, including public charter schools.

4

8A. The collection and analysis of student outcome data at least annually by authorizers (consistent with performance framework outlined in the contract).

8B. Financial accountability for charter schools (e.g., Generally Accepted Accounting Principles, independent annual audit reported to authorizer).

8C. Authorizer authority to conduct or require oversight activities.

8D. Annual school performance reports which are made public.

8E. Authorizer notification to their schools of perceived problems, with opportunities to remedy such problems.

8F. Authorizer authority to take appropriate corrective actions or exercise sanctions short of revocation.

9. Clear Processes for Renewal, Nonrenewal, and Revocation Decisions

weight = 4 | Possible total = 16

Kansas law provides that renewals should be approved only if the local school board and the state board of education determine that the charter school has demonstrated progress in achieving its program goals.

Kansas law provides that the local school board must revoke the charter of a school if the school: materially violates provisions contained in the charter; fails to make progress in achieving the program goals contained in the charter; fails to comply with fiscal accountability procedures as specified in the charter; or violates rules and regulations of the state board of education that have not been waived by the state board.

The law provides that charter renewal terms are five years.

Kansas law provides that prior to nonrenewing or revoking a charter, a local school board must hold a hearing on the issues in controversy and provide spokespersons for the charter school the opportunity to present information refuting the basis upon which the nonrenewal or revocation is premised. The law provides timelines for notification about the hearing and for announcing a decision after the hearing and requires the decision to nonrenew or revoke a charter to be in writing to the charter school and to specify the reasons for the nonrenewal or revocation. The law also allows the charter school authorities to renew procedures for authority to operate a charter school or to submit a request to the local school board for the reconsideration of its decision and includes a timeline for the local school board to act on such request.

Kansas law does not require authorizers to issue school performance renewal reports to schools whose charter will expire the following year, require schools seeking renewal to apply for it, require authorizers to issue renewal application guidance that provides an opportunity for schools to augment their performance record and discuss improvements and future plans, and require authorizers to have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.

8

9A. Authorizer must issue school performance renewal reports to schools whose charter will expire the following year.

9B. Schools seeking renewal must apply for it.

9C. Authorizers must issue renewal application guidance that provides an opportunity for schools to augment their performance record and discuss improvements and future plans.

9D. Clear criteria for renewal and nonrenewal/revocation.

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).

9F. Authorizer authority to vary length of charter renewal contract terms based on performance or other issues.

9G. Authorizers must provide charter schools with timely notification of potential revocation or non-renewal (including reasons) and reasonable time to respond.

9H. Authorizers must provide charter schools with due process for nonrenewal and revocation decisions (e.g., public hearing, submission of evidence).

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.

9J. Authorizers must have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.

10. Educational Service Providers (ESPs) Allowed

weight = 2 | Possible total = 8

Kansas law lacks most of the model law’s provisions for educational service providers. However, Kansas law states that an “educational services contractor” may petition to establish a charter school. This means that such a provider could receive a direct charter contract with the local school board (not the charter school’s board).

2

10A. All types of educational service providers (both for-profit and non-profit) explicitly allowed to operate all or parts of schools.

10B. The charter application requires 1) performance data for all current and past schools operated by the ESP, including documentation of academic achievement and (if applicable) school management success; and 2) explanation and evidence of the ESP’s capacity for successful growth while maintaining quality in existing schools.

10C. A performance contract is required between the independent public charter school board and the ESP, setting forth material terms including but not limited to: performance evaluation measures; methods of contract oversight and enforcement by the charter school board; compensation structure and all fees to be paid to the ESP; and conditions for contract renewal and termination.

10D. The material terms of the ESP performance contract must be approved by the authorizer prior to charter approval.

10E. School governing boards operating as entities completely independent of any educational service provider (e.g., must retain independent oversight authority of their charter schools, and cannot give away their authority via contract).

10F. Existing and potential conflicts of interest between the two entities are required to be disclosed and explained in the charter application.

11. Fiscally and Legally Autonomous Schools with Independent Public Charter School Boards

weight = 3 | Possible total = 12

Kansas law provides that charter schools operate as an “independent public school” within a school district, with the governance structure as defined in their charter contract with the local school board. However, statute does not provide for any level of fiscal or legal autonomy, nor does it require an independent board to govern the school.

0

11A. Fiscally autonomous schools (e.g., schools have clear statutory authority to receive and disburse funds, incur debt, and pledge, assign or encumber assets as collateral).

11B. Legally autonomous schools (e.g., schools have clear statutory authority to enter into contracts and leases, sue and be sued in their own names, and acquire real property).

11C. School governing boards created specifically to govern their charter schools.

12. Clear Student Recruitment, Enrollment, and Lottery Procedures

weight = 2 | Possible total = 8

Kansas law lacks most of the model law’s provisions for clear student recruitment, enrollment, and lottery procedures. However, Kansas law requires charter schools to hold lotteries if too many students seek enrolment in the school.

2

12A. Open enrollment to any student in the state.

12B. Lottery requirements.

12C. Required enrollment preferences for previously enrolled students within conversions, prior year students within chartered schools, siblings of enrolled students enrolled at a charter school.

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.

13. Automatic Exemptions from Many State and District Laws and Regulations

weight = 3 | Possible total = 12

Instead of providing automatic exemptions for most state and district laws and regulations, Kansas law requires a charter application to identify the school district policies and state board of education rules and regulations from which waiver is sought in order to facilitate operation of the school and an explanation of the reasons such waivers are being requested. It is then up to the local school board and the state board of education to decide whether or not to grant requests for waivers.

Kansas law does not exempt charter schools from state teacher certification requirements.

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.

13B. Exemption from state teacher certification requirements.

14. Automatic Collective Bargaining Exemption

weight = 3 | Possible total = 12

Kansas law provides that a charter school's teachers remain covered by the school district collective bargaining agreement, although waivers may be granted if specified in the charter.

3

14A. Charter schools authorized by non-local board authorizers are exempt from participation in any outside collective bargaining agreements.

N/A

14B. Charter schools authorized by local boards are exempt from participation in any district collective bargaining agreements.

15. Multischool Charter Contracts and/or Multicharter Contract Boards Allowed

weight = 2 | Possible total = 8

Kansas law is silent regarding these arrangements.

2

15A. Oversee multiple schools linked under a single contract with independent fiscal and academic accountability for each school.

15B. Hold multiple charter contracts with independent fiscal and academic accountability for each school.

16. Extracurricular and Interscholastic Activities Eligibility and Access

weight = 1 | Possible total = 4

Kansas law is silent about charter eligibility and access. In practice, these matters are governed by the Kansas State High School Activities Association.

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.

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.

17. Clear Identification of Special Education Responsibilities

weight = 2 | Possible total = 8

Kansas law is silent about special education responsibilities and funding. In practice, the district is the LEA.

0

17A. Clarity regarding which entity is the local education agency (LEA) responsible for providing special education services.

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).

18. Equitable Operational Funding and Equal Access to All State and Federal Categorical Funding

weight = 4 | Possible total = 16

Kansas law includes none of the model law’s provisions for equitable operational and categorical funding, and there is no evidence of the amount of funds charters receive versus districts.

While Kansas law does not provide funding to charter schools for transportation similar to school districts, it requires school districts to provide transportation for charter students who qualify for the free-lunch program and live 2 1/2 miles or more from the school.

0

18A. Equitable operational funding statutorily driven.

18B. Equal access to all applicable categorical federal and state funding, and clear guidance on the pass-through of such funds.

18C. Funding for transportation similar to school districts.

19. Equitable Access to Capital Funding and Facilities

weight = 4 | Possible total = 16

Kansas law includes none of the model law's provisions for equitable access to capital funding and facilities.

0

19A. A per-pupil facilities allowance which annually reflects actual average district capital costs.

19B. A state grant program for charter school facilities.

19C. A state loan program for charter school facilities.

19D. Equal access to tax-exempt bonding authorities or allow charter schools to have their own bonding authority.

19E. A mechanism to provide credit enhancement for public charter school facilities.

19F. Equal access to existing state facilities programs available to non-charter public schools.

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.

19H. Prohibition of facility-related requirements stricter than those applied to traditional public schools.

20. Access to Relevant Employee Retirement Systems

weight = 2 | Possible total = 8

Kansas law requires participation in the relevant employee retirement systems.

4

20A. Charter schools have access to relevant state retirement systems available to other public schools.

20B. Charter schools have the option to participate (i.e., not required).