State Policy At-A-Glance

Education in the United States is one of the primary responsibilities and functions of local and state governments. The public charter school model was conceived and developed by a small group of educators and policy makers. In 1991, the first public charter school law was enacted in Minnesota. By 1993, six more states had passed public charter school laws. Now, 40 states and the District of Columbia have public charter school laws. Currently, there are 1.5 million children enrolled in 4,900 public charter schools.

Typically public charter schools are developed and managed by committed parents, teachers and community activists. Local or state boards monitor a public charters school’s academic progress and ensure the execution of responsible fiscal practices. Regional resource centers or state associations provide support and guidance. State governments write the laws that provide a framework for all of these interrelated pieces to work.

2009 State Legislative Session Highlights

In 2009, comments in favor of public charter schools by President Obama and Secretary Duncan have been quite helpful for charters, but the current economic recession created one of the most challenging state policy environments in years. Within this environment, the primary goal of many state charter advocates has been to defend what they already have, while still trying to make positive changes where possible. Below is a list of legislative wins for charter schools organized by issue type.

Click here to read a summary of the 2009 legislative session or visit this comprehensive database sponsored by the Education Commission of the States and the National Alliance for Public Charter Schools to compare state policies. Visit our in your state page find out the locations of charter schools and details about the charter school movement near you.

Download a comprehensive brief detailing the outcomes legislative battles and wrap-ups for each state legislative session here.

Caps and Moratoria

• Delaware: An existing moratorium was allowed to lapse.
• Idaho: An attempt to place a moratorium on charters was killed.
• Illinois: An additional 60 charters are now allowed.
• Indiana: An attempt to place caps and a moratorium on charters was defeated.
• Louisiana: The state’s cap of 70 charters was removed.
• Minnesota: An attempt to implement caps and a moratorium was defeated.
• Tennessee: A bill to allow an additional 40 charters and to expand the types of students eligible to attend charters was enacted.
• Utah: Language to stop the growth of charters was stricken from a bill.

Authorizers

• Alaska: Changed how funding is calculated for small charters to increase the financial sustainability of these schools.
• Arkansas: Made changes to better ensure charters will receive categorical funds.
• Colorado: Passed bills to maintain $5 million for their per-pupil charter facilities funding program, allow charters to participate in district bond elections, and lease or purchase land from the state.
• Connecticut: Successfully defeated budget cuts to charters proposed by the governor.
• Georgia: Increased support for charter facilities.
• Hawaii: Passed a bill to allow charter facilities funding (though it wasn’t funded).
• Minnesota: Thwarted an effort to limit the amount of the statewide allocation increase for lease aid.
• New Hampshire: Ensured state fully funds charters via state funding formula.
• New Mexico: Charters were given access to several funding streams for facilities.
• Ohio: Ensured governor’s proposed budget cuts were restored by legislature.
• Rhode Island: Ensure state funds new charters.
• Tennessee: Enacted provisions creating a per-pupil facilities funding stream for charter schools and requiring local school boards to provide charters with all appropriate allocations under federal law or regulation.
• Texas: A funding floor was established to protect charters from fluctuations in tax revenues.
• Utah: Increased funding for kindergarten students and protected the local replacement funding and administrative costs line items from budget cuts. 
  

Funding and Facilities

• Alaska: Changed how funding is calculated for small charters to increase the financial
  sustainability of these schools.
• Arkansas: Made changes to better ensure charters will receive categorical funds.
• Colorado: Passed bills to maintain $5 million for their per‐pupil charter facilities funding program, allow charters to participate in district bond elections, and lease or purchase land from the state.
• Connecticut: Successfully defeated budget cuts to charters proposed by the governor.
• Georgia: Increased support for charter facilities.
• Hawaii: Passed a bill to allow charter facilities funding (though it wasn’t funded).
• Minnesota: Thwarted an effort to limit the amount of the statewide allocation increase for lease aid.
• New Hampshire: Ensured state fully funds charters via state funding formula.
• New Mexico: Charters were given access to several funding streams for facilities.
• Ohio: Ensured governor’s proposed budget cuts were restored by legislature.
• Rhode Island: Ensure state funds new charters.
• Tennessee: Enacted provisions creating a per‐pupil facilities funding stream for charter schools and requiring local school boards to provide charters with all appropriate allocations under federal law or regulation.
• Texas: A funding floor was established to protect charters from fluctuations in tax revenues.
• Utah: Increased funding for kindergarten students and protected the local replacement funding
  and administrative costs line items from budget cuts.

Click here to download a complete breakdown of the highlights from the 2009 State Legislative session.