Measuring Up



weight: 3 | possible total: 12

21. Full-Time Virtual Charter School Provisions (if such schools allowed by state)

21A. An authorizing structure whereby full-time virtual charter schools that serve students from more than one district may be approved only by an authorizer with statewide chartering jurisdiction and authority, full-time virtual charter schools that serve students from one school district may be authorized by that school district, and a cap is placed on the total amount of funding that an authorizer may withhold from a full-time virtual charter school.

21B. Legally permissible criteria and processes for enrollment based on the existence of supports needed for student success.

21C. Enrollment level provisions that establish maximum enrollment levels for each year of a charter contract, with any increases in enrollment from one year to the next based on whether the school meets its performance requirements.

21D. Accountability provisions that include virtual-specific goals regarding student enrollment, attendance, engagement, achievement, truancy, and attrition.

21E. Funding levels per student based on costs proposed and justified by the operators.

21F. Performance-based funding whereby full-time virtual charter schools are funded via a performance-based funding system based on meeting the accountability performance provisions.

How well do states’ laws align to this component of the model law?

State

Charter Law Description

Score

Alabama

Alabama law does not include any of the model law’s provisions for full-time virtual charter schools.

0

Alaska

Alaska law does not include any of the model law’s provisions for full-time virtual charter schools.

0

Arizona

Arizona law does not include any of the model law’s provisions for full-time virtual charter schools.

0

Arkansas

Arkansas law includes a small number of the model law’s provisions for full-time virtual charter schools. The law provides that full-time virtual charter schools that serve students from more than one district may only be approved by the state department of education.

3

California

California law allows virtual instruction to occur for charter and district school via provisions for nonclassroom-based instruction, including independent study provisions.

Funding amounts are determined via a funding request from the school, as approved by the state board of education, based on the nonclassroom-based daily average attendance, as well as expenditure data on instruction and related services, school site operations and facilities, administration, and all other activities. In addition, the school must provide data to affirm compliance with the maximum student-to-teacher ratios (unless certain academic standards are met), and other law and policy affirmations including that all transactions, contracts, and agreements are in the best interest of the school and reflect a reasonable market rate. The amount approved shall be 70% of total, unless a greater or lesser percentage is determined appropriate by the state board (based upon the recommendation of the California Advisory Commission on Charter Schools, which also has the power to request additional information as needed when reviewing the funding request).

Beyond accountability measures for all schools, the law requires additional items for those schools engaged in independent study (which is a form of nonclassroom-based instruction), whereby each student must have a written agreement (signed by the student, parent – if student under 18 - and school personnel), including, but not limited to: (1) the manner, time, frequency, and place for submitting a pupil’s assignments and for reporting his or her progress; (2) the objectives and methods of study for the pupil’s work, and the methods utilized to evaluate that work; (3) the specific resources, including materials and personnel that will be made available to the pupil; and (4) a statement of the policies adopted regarding the maximum length of time allowed between the assignment and the completion of a pupil’s assigned work, and the number of missed assignments allowed before an evaluation of whether or not the pupil should be allowed to continue in independent study. Law requires that certificated employees and each pupil shall communicate in person, by telephone, or by any other live visual or audio connection no less than twice per calendar month to assess whether each pupil is making satisfactory educational progress. If satisfactory educational progress is not being made, certificated employees providing instruction shall notify the pupil and, if the pupil is less than 18 years of age, the pupil’s parent or legal guardian, and conduct an evaluation to determine whether it is in the best interest of the pupil to remain in the course or whether he or she should be referred to an alternative program, which may include, but is not limited to, a regular school program.

The law requires an evaluation of independent study courses by September 1, 2019, comparing, at a minimum, the academic performance of pupils in independent study with demographically similar pupils enrolled in equivalent classroom-based courses.

6

Colorado

Colorado’s law includes a small number of the model law’s provisions regarding full-time virtual charter schools.

The law requires the state board of education to adopt rules regarding quality standards for such schools covering areas such as: governance, vision, and organization; standards-based curricula and data-driven instructional practices; technological capacity and support; internet safety; sound financial and accounting practices and resources; student academic performance and improvement; monitoring and assessment of student academic performance and improvement; course completion measurements; attendance tracking procedures; data analysis, management, and reporting; guidance counseling; engagement of parents and communities in online programs and online schools; provisions for students with special needs, including gifted and talented students and English language learners; and program evaluation and improvement.

The law also requires annual reporting from such schools to their authorizers. It also requires such schools to submit a request to the authorizer and the department of education of any intent to amend the program's or school's application for certification to expand grade levels served by the program or school. Approval for such changes must be obtained from the department.

3

Connecticut

Connecticut law does not contain any of the model law’s provisions for full-time virtual charter schools.

0

Delaware

Delaware law does not allow full-time virtual charter schools.

N/A

District of Columbia

D.C. law does not contain any of the model law’s provisions for full-time virtual charter schools.

0

Florida

Florida’s law includes a small number of the model law’s provisions regarding full-time virtual charter schools.

The law provides performance-based funding to full-time virtual charter schools.

The law also provides that virtual schools must be preapproved by the State Department of Education’s Florida Virtual School before being authorized by a sponsor.

3

Georgia

Georgia law does not contain any of the model law’s provisions for full-time virtual charter schools.

0

Hawaii

Hawaii law does not contain any of the model law’s provisions for full-time virtual charter schools.

0

Idaho

Idaho law contains a small number of the model law’s provisions regarding full-time virtual charter schools. Specifically, the law provides that local school districts cannot authorize full-time virtual charter schools. It provides that only statewide authorizers may approve such schools.

3

Illinois

Illinois law does not contain any of the model law’s provisions for full-time virtual charter schools.

0

Indiana

Indiana law includes a small number of the model law’s provisions regarding full-time virtual charter schools.

The law provides that a virtual charter school may apply for authorization with any statewide authorizer in accordance with the authorizer's guidelines.

The law requires that 60% of the students who are enrolled in virtual charter schools for the first time each school year must have been included in the state’s ADM count for the previous school year.

3

Iowa

Iowa law does not contain any of the model law’s provisions for full-time virtual charter schools.

0

Kansas

Kansas law does not include any of the model law’s provisions for full-time virtual charter schools.

0

Louisiana

Louisiana law does not include any of the model law’s provisions regarding full-time virtual charter schools.

0

Maine

The law provides that only the State Charter Schools Commission can approve virtual schools.

According to the law, the charter contract of a virtual charter school must require the governing board to:

* Provide each student enrolled in the virtual charter school with online courses that meet or exceed state standards and all instructional materials required for the student's participation in the school;
* Ensure that the persons who operate the virtual charter school on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school;
* Ensure that a parent of each student verifies the number of hours of educational activities completed by the student each school year; and
* Adopt a plan by which the governing board provides:
• Frequent, ongoing monitoring to ensure and verify that each student is participating in the virtual charter school, including synchronous contact between teachers and students and between teachers and parents to ensure and verify student participation and learning;
• Regular instructional opportunities in real time that are directly related to the virtual charter school's curricular objectives, including, but not limited to, meetings with teachers and educational field trips and outings;
• Verification of ongoing student attendance in the virtual charter school;
• Verification of ongoing student progress and performance in each course as documented by ongoing assessments and examples of student course work; and
• Administration to all students in a proctored setting of all applicable assessments as required by the State.

3

Maryland

Maryland law does not allow full-time virtual charter schools.

N/A

Massachusetts

Massachusetts law does not allow full-time virtual charter schools.

N/A

Michigan

Michigan’s law does not include any of the model law’s provisions regarding full-time virtual charter schools. However, it includes other provisions concerning these schools.

The law allows a cyber school to serve up to 2,500 students in its first year of operation, not more than 5,000 students in its second year of operation, and not more than 10,000 students in its third and subsequent years of operation. However, the enrollment increases are not based on performance.

The law also provides that any entity applying for a school of excellence charter school that is a cyber school must demonstrate experience in delivering a quality question program that improves pupil academic achievement, with the authorizing body using the standards for quality online learning established by national associations.

The board of any charter school that offers online learning must submit a report to the state that details per-pupil costs, including those related to textbooks, computers, salaries, purchased courses, fees associated with oversight and regulation, travel costs associated with school activities and testing, facilities costs, and costs associated with special education. Monthly reports on the number of students enrolled are also required.

0

Minnesota

Minnesota law includes a small number of the model law’s provisions regarding full-time virtual charter schools.

For a student enrolled in an online learning course, the law provides that the state department of education must calculate average daily membership and that no online learning average daily membership shall be generated if the student does not complete the online learning course.

Minnesota law also requires that a charter school offering online courses or programs must comply with some additional statuary requirements including approval of their on-line learning programs by the state department of education initially and then every three years. The online learning provider must give the commissioner written assurance that: (1) all courses meet state academic standards; and (2) the online learning curriculum, instruction, and assessment, expectations for actual teacher-contact time or other student-to-teacher communication, and academic support meet nationally recognized professional standards and are described as such in an online learning course syllabus that meets the commissioner's requirements.

3

Mississippi

Mississippi law does not include any of the model law’s provisions regarding full-time virtual charter schools.

0

Missouri

Missouri law does not include any of the model law’s provisions for full-time virtual charter schools.

0

Nevada

Nevada law does not include any of the model law’s provisions regarding full-time virtual charter schools.

0

New Hampshire

New Hampshire law includes a small number of the model law’s provisions regarding full-time virtual charter schools. New Hampshire law provides performance-based funding for full-time virtual charter schools.

3

New Jersey

New Jersey law does not allow full-time virtual charter schools.

N/A

New Mexico

New Mexico law does not contain any of the model law’s provisions regarding full-time virtual charter schools.

0

New York

New York law does not allow full-time virtual charter schools.

N/A

North Carolina

North Carolina law does not include any of the model law’s provisions regarding full-time virtual charter schools.

0

Ohio

Ohio’s law does not include any of the model law’s provisions regarding full-time virtual charter schools. However, it does contain some provisions concerning these schools.

Starting in 2013, up to five new virtual charter schools could be approved, all subject to the approval of the superintendent of public instruction with such approval based on applicants demonstrating experience and quality.

Ohio law allows full-time virtual charter schools to require an orientation course for all new students.

Ohio’s law contains provisions requiring these schools to provide computers and other technology equipment and support, have a teacher of record for not more than 125 students each, have a location for testing, counseling, and instructional coaching within 50 miles of each student, document daily learning hours, have contacts with parents, have an orientation course for students, and have planes for providing special education services.

Starting in 2016, all such schools need to also comply with the standards developed by the international association for K-12 online learning.

0

Oklahoma

Oklahoma law contains a small number of the model law’s provisions for full-time virtual charter schools. Oklahoma law provides that the statewide virtual charter school board must serve as the authorizer when the charter school is for the purpose of establishing a full-time statewide virtual charter school. It also provides that no school district shall offer full-time virtual education to students who are not residents of the school district or enter into a virtual charter school contract with a provider to provide full-time virtual education to students who do not reside within the school district boundaries.

3

Oregon

Oregon law includes a small number of the model law’s provisions regarding full-time virtual charter schools. Oregon law and includes some additional requirements for full-time virtual charter schools, covering things like record keeping, requirements if contracting with an ESP, and the provision of equipment, teachers, and other program services. The law also requires the inclusion of performance criteria the school must use to measure obtainment of academic performance goals and that the school must also monitor and track student progress and attendance.

3

Pennsylvania

Pennsylvania law includes a small number of the model law’s provisions regarding full-time virtual charter schools.

The law provides that cyber charter schools may only be authorized by the state department of education.

The law states that a charter school may establish reasonable criteria to evaluate prospective students, which shall be outlined in the school's charter.

Law requires applications for virtual charter schools to describe a number of additional elements specific to virtual learning, including the monitoring of attendance, provision of student and special education services, and assessment of student learning.

3

Rhode Island

Rhode Island law does not allow full-time virtual charter schools.

N/A

South Carolina

South Carolina law contains a small number of the model law’s provisions regarding full-time virtual charter schools.

South Carolina law includes some additional accountability for full-time virtual charter schools, such as those related to record keeping, the provision of equipment, teachers, and other program services (including at least 25% of a student’s time being engaged in instructional opportunities in real time such as meetings with teachers and educational field trips and outings, as well as the requirement of bi-weekly parent-teacher conferences in person or by phone).

The law also requires the inclusion of performance criteria the school must use to measure obtainment of academic performance goals, and that the school must also monitor and track student progress and attendance.

The law does not address the other provisions related to full-time virtual charter schools found in the model law.

3

Tennessee

Tennessee law does not allow full-time virtual charter schools.

N/A

Texas

Texas law includes a small number of the model law’s provisions regarding full-time virtual charter schools. It provides that a school district or open-enrollment charter school is eligible to act as a full-time virtual school by providing electronic courses through the state virtual school network. An open-enrollment charter school may serve as a course provider only to a student within its service area, to another student in the state through agreement with the school district in which the student resides, or if the student receives educational services under the supervision of a juvenile probation department, the Texas Juvenile Justice Department, or the Texas Department of Criminal Justice, through an agreement with the applicable agency. The law provides that an open-enrollment charter school may serve grades 3-12 through the Texas Virtual School Network and must be approved by the Commissioner of the Texas Education Agency (TEA).

3

Utah

Utah law includes a small number of the model law’s provisions for full-time virtual charter schools. Utah law provides a performance-based funding system for full-time virtual charter schools.

3

Virginia

Virginia law does not allow full-time virtual charter schools.

N/A

Washington

Washington law does not contain any of the model law’s provisions for full-time virtual charter schools.

0

Wisconsin

Wisconsin law does not contain any of the model law’s provisions regarding full-time virtual charter schools.

0

Wyoming

Wyoming law does not contain any of the model law’s provisions for full-time virtual charter schools.

0