No Caps

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Are there caps on the growth of charter schools in this state?

Position
1
Weight
3
Score Meanings
The state has a cap with no room for growth.
The state has a cap with room for limited growth.
The state has a cap with room for adequate growth.
The state has a cap with room for ample growth.
OR
The state does not have a cap but allows districts to restrict growth. Some districts have done so.
The state does not have a cap.
Subcomponents
No numeric or geographic limits are placed on the number of charter public schools or students.
If caps exist, there is room for growth.

Component Scores

Are there caps on the growth of charter schools in this state?

Alabama law provides that authorizers may not approve more than 10 start-up public charter schools in a fiscal year. This cap expires on April 1 immediately following the conclusion of the fifth fiscal year after the effective date of the Alabama School Choice and Student Opportunity Act. There is no cap on conversion public charter schools.

Subcomponents

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Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

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Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Arkansas law provides that an unlimited number of conversion charter schools may exist. Arkansas law provides that the number of open enrollment charters that are allowed automatically increases by five each time the number of schools comes within two slots of the cap, which is initially set at 24.
The law provides that an open enrollment charter school may not open in the service area of a public school district administratively reorganized under state law until after the third year of the administrative reorganization.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Under California law, the current cap on charter schools is 2,250 statewide, but the cap is raised by 100 schools each year. There are currently 1,253 charter schools open in the state.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

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Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Connecticut law contains the following caps: 250 students per state board of education-authorized charter or 25 percent of the enrollment of the district in which the charter is located, whichever is less, and 300 students per state board of education-authorized K-8 charter or 25 percent of the enrollment of the district in which the charter is located, whichever is less. State law allows the state board to waive these cap restrictions for charters with a demonstrated record of achievement.
State law only allows public charter schools to open in towns that have one or more schools that have been designated as a commissioner's network school or in towns that have been designated as a low achieving school district.
State law provides that on and after July 1, 2012, and before July 1, 2017, the state board of education shall not approve more than four applications for the establishment of new state charter schools unless two of the four such applications are for the establishment of two new state charter schools whose mission, purpose, and specialized focus is to provide dual language programs or other models focusing on language acquisition for English language learners.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Some
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Delaware law contains a provision allowing local school boards to refuse to accept applications in any given year, which is a potential deterrent for applicants. The law does not contain a similar provision for the state department of education.

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
No
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

The law limits charter school growth to 10 new charter schools per authorizer each year. In addition, in any year where an authorizer does not approve 10 new petitions by April 1, another authorizer may grant additional charters before June 1, provided that the total number of new charters approved by all authorizers in any calendar year does not exceed 20.However, charters are approved for a local educational agency (LEA). Each LEA can operate multiple campuses if approved to do so by the authorizer. There is no restriction in the law on the number of campuses an LEA can operate and additional campuses opened by the same LEA do not count against the cap.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Illinois law contains a limit of 120 charter schools, with a maximum of 75 in Chicago and 45 in the rest of the state. It reserves five of the charters in Chicago for drop-out recovery schools. There are currently 61 charter schools open in Illinois - 47 in Chicago (including two drop-out recovery charter schools) and 14 in the rest of the state.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Some
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

While Maine law does not limit the number of charter schools that may be approved by local school boards, it does provide that there can be no more than 10 schools approved by the State Charter Schools Commission during its first 10 years. This “cap” is repealed by statute effective 2022. There are currently nine charter schools that have been approved by the State Charter Schools Commission.
Maine law also contains temporary enrollment caps in that a charter school cannot enroll more than 5% to 10% (depending on the size of the school administrative unit) of a school administrative unit’s students per grade level in each of the first three years that a school is open.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
No
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Massachusetts law contains the following caps on charter school growth:
(1) 120 charter schools statewide are permitted, with 72 reserved for commonwealth charter schools and 48 reserved for Horace Mann charter schools.
(2) Not less than two of the new charters approved by the state board of education in any year shall be granted for charter schools located in districts where overall student performance on the statewide assessment system is in the lowest 10 percent statewide in the two years preceding the charter application.
(3) In any fiscal year, no school district's total charter school tuition payment to commonwealth charter schools shall exceed nine percent of said district's net school spending. However, in the districts performing in the lowest 10 percent statewide, this percentage will increase from nine percent to 18 percent between Fiscal Year 2011 and Fiscal Year 2017, with any new charters above the previous cap of nine percent reserved for the replication of high performing schools these districts. The law provides that the schools authorized above the previous cap of nine percent don’t count toward the cap of 72 commonwealth charter schools.
(4) The state board of education shall not approve a new commonwealth charter school in any community with a population of less than 30,000 unless it is a regional charter school. In any year, the state board of education shall approve only one regional charter school application of any commonwealth charter school located in a school district where overall student performance on the statewide assessment system is in the top 10 percent in the year preceding charter application.

There are currently 80 charter schools open in Massachusetts - 71 commonwealth charter schools and nine Horace Mann charter schools. However, the state's cap on a school district's total charter school tuition payment to commonwealth charter schools in the districts performing in the lowest 10 percent statewide is a constraint on growth in several school districts in the state (including Boston).

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Some
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Michigan law is generally free of caps. However, it does contain caps on charter “schools of excellence” and cyber charter schools.
Michigan law allows charter “schools of excellence” - of which the first 5 must serve high school students. With the exception of statewide cyber schools, schools of excellence may only be approved within districts having a graduation rate of less than 75% for the most recent three school years for which the data are available. Michigan law includes a cap of 15 on the total number of contracts that may be issued by all statewide authorizing bodies for schools of excellence that are cyber schools. The law provides that a board of a school district, an intermediate school board, the board of a community college that is not a statewide authorizing body, or two or more public agencies acting jointly according to state law may not act as the authorizing body for more than one school of excellence that is a cyber school.

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. The law provides that the total statewide enrollment in cyber schools may not exceed 2% of the state’s public school student population.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Mississippi law allows the Mississippi Charter School Authorizer Board to approve a maximum of 15 qualified charter applications during a fiscal year.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Missouri law allows public charter schools to open in the Kansas City school district, the St. Louis school district, unaccredited districts, provisionally accredited districts, and accredited districts.
Missouri law prohibits public charter schools from serving more than 35% of public school students in accredited school districts that enroll 1,500 or more students.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

New Hampshire law does not place any caps on charter school growth.

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

New Jersey law does not place any caps on charter school growth.

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

New Mexico law provides that no more than 15 schools may open each year with a five-year cap of 75, with slots not filled within a five-year period rolled over to the next five years. New Mexico law also requires that an application for a charter school in a district with 1,300 or fewer students may not enroll more than 10% of the students in the district in which the charter school will be located.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Some
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

New York law contains a cap of 460 start-up charter schools, with 145 charters available to still be cited. A 2015 revision to the Charter Schools Act provided that a limited number of charters could be issued for a charter to be located in New York City, of which there are approximately 40 remaining. Currently, there are seven charters left for New York city and 99 charters left for outside of New York City. In addition, there are eight charters left of the 22 charters that were “recycled” and which can be issued anywhere in the state including New York City (and which do not count against the cap).

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

North Carolina law does not place any caps on charter school growth.

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Ohio law allows conversion schools in all districts. Ohio law limits start-up brick and mortar charters to "challenged" districts, which are those districts rated in the lowest 5% in the state’s performance index, the "Big 8" districts (Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo, and Youngstown), and districts within the former Lucas County pilot area. There are approximately 39 “challenged” districts (out of more than 600) based upon 2014-15 data. There is no cap on the number of public charter schools allowed in “challenged” districts.
Ohio law allows each authorizer to approve up to 100 schools, except for the state department of education which can approve no more than 20 schools each year during its initial five years of chartering, and of those 20, only five can be new start-ups. The 100-school limit does not apply to any authorizer receiving an “exemplary” rating for two consecutive years under the state authorizer evaluation system.

Ohio law allows five new e-schools per year. Ohio law provides that an e-school cannot enroll more students than the number permitted by its enrollment limit. The law defines an enrollment limit as a school’s base enrollment plus its allowed annual rate of growth. For currently operating schools, the law provides that the base enrollment is the school’s enrollment number at the end of the 2012-13 school year. For new schools, the law provides that the base enrollment is 1,000 students. For schools with over 3,000 students, the law provides that the allowed annual rate of growth is no more than 15%. For schools with less than 3,000 students, the law provides that the allowed annual rate of growth is no more than 25%.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Some
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

State law allows most authorizers to approve an unlimited number of charter schools. However, in counties with fewer than 500,000 population, the law provides that the state board of education shall not sponsor more than five charter schools per year each year until 2020, with not more than one charter school sponsored in a single school district per year. Statute also limits the state board of education to approving not more than two schools affiliated with the Office of Juvenile Affairs between July 1, 2010, and July 1, 2016.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Oregon law does not place any caps on charter school growth. However, the law provides that if more than 3% of students residing in a district are enrolled in virtual charter schools not sponsored by that district, any additional resident students must receive approval from the district before enrolling in a virtual charter school. The law provides for a state appeal if the district does not give approval in such cases.

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Pennsylvania law does not place any caps on charter school growth. However, some school districts have chosen to place a moratorium on new schools and issue enrollment caps.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Rhode Island law permits 35 charter schools statewide. There are currently 30 charter schools operating in the state.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Some
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

South Carolina law does not place any caps on charter school growth.

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Texas law has the following caps on open-enrollment charter schools: 285 charters beginning September 1, 2018; and 305 charters beginning September 1, 2019. Currently, there are 228 operational charters in the state.
However, it does not have a cap on open-enrollment university charter schools, open-enrollment junior college charter schools, or school district-authorized charter schools. The law allows for detention, correctional, or residential facilities serving juvenile offenders to apply for a charter with the state board of education. It also provides that charters granted for dropout recovery schools are not counted against the cap.

The law allows up to five open-enrollment charters to be granted for schools primarily serving students with disabilities. It provides that these schools are not counted against the larger charter cap.

It is important to note that existing open enrollment charter schools can apply to the Texas Education Agency for expansion. In addition, high-performing charter schools may use an expedited process to add a new campus. If a charter holder submits to the state commissioner of education an application for expedited expansion, the expansion is automatically approved unless, not later than the 60th day after the date the charter holder submits the application, the commissioner provides written notice to the charter holder that charter holder does not meet the requirements for an expedited expansion.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

In Utah, the budget bill provides the total authorized enrollment in charter schools for the coming school year. There is room between the authorized enrollment and the actual enrollment for ample charter school growth in the state.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Some
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Statute allows a total of 40 charter schools, of which no more than eight may be approved each year during the initial five years, with any unused slots rolling forward.After five years, the State Board of Education and the Washington Charter School Commission must submit a recommendation to the governor, the legislature, and the public at large regarding whether or not the legislature should authorize the establishment of additional schools.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Some
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

Wisconsin law is generally free of caps on charter school growth. However, Wisconsin law provides that the number of charter schools authorized by the college of Menominee Nation and the Lac Courte Orielles Ojibwa community college may not exceed six.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Yes
1B
If caps exist, there is room for growth.

Are there caps on the growth of charter schools in this state?

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

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.