Frequently
Asked Questions About
Charter School Fundamentals
What is a charter school?
A charter school is a new form of public school that may be started
and operated by individuals or organizations from outside of the
traditional school district system. Successful charter school
developers are granted a charter to operate a public school for
a fixed period of time (in California usually for 5 years). Charter
schools are generally exempt from most laws that apply to regular
public schools, so administrators, faculty, staff and parents
have considerable autonomy in designing an educational program,
facilities and budget that meet the needs of their students. In
exchange for this increased autonomy, charter schools are held
much more strictly accountable than most non-charter public schools.
Charter schools must meet all of the student performance and operational
goals listed in their charter, or their charter may be revoked.
The first charter school law was passed in Minnesota in 1992.
California was the second state to enact charter legislation in
1992, authored by then Senator Gary K. Hart. There are now 40
states, plus Puerto Rico, the District of Columbia, and Washington,
D.C., with charter schools.
The charter school reform concept is part of a larger policy effort
to fundamentally alter the structure of the public education system
in an effort to (1) provide quality public education choices for
families, (2) enable change-oriented educators to establish and
operate new, innovative schools, and (3) provide increased competition
within the public education sector. It's the competitive aspect
of the charter concept that makes it controversial and also powerful.
The charter school reform concept was largely developed by Ted
Kolderie, a public policy expert at the Center for Policy Studies
in St. Paul, Minnesota.
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How
are charter schools funded?
Charter school funding varies from state to state. In California,
charter schools receive state and local funding in a per student
allotment. This allotment is based on statewide averages, dependent
on the grade level of the students. Many charter schools also
receive state and federal funding through categorical programs
like Title I or class size reduction. In addition, many charter
schools apply for and receive funds from the federal charter schools
grant program administered by the California Department of Education.
Several charter schools also receive contributions from individuals
and private foundations to support their operations. As public
schools, charter schools are not allowed to charge tuition. For
more information about the California Department of Education's
Charter School Grant Program and other grants, see the charter
school grants section of our website. In addition to information
on our website on charter school finance,
please see a listing of our publications
and check our workshops page for
upcoming finance workshops.
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How
are charter schools governed?
There is a range of governance structures in charter schools.
In California, some charter schools, referred to legally as "dependent"
charter schools, are established or remain a legal arm of the
school district or county office of education that granted their
charter. Other charter schools, a.k.a. legally "independent"
charter schools, function as independent legal entities and are
usually governed by or as public benefit ("not-for-profit")
corporations. Still other charter schools form some sort of legal
hybrid, or "in-between" structure, in which some governance
powers remain with the district or county and others rest with
the school governing body. The school's governance structure must
be clearly described in the charter. The charter-granting agency
has the responsibility ensure that the charter schools for which
they have granted charters are meeting the terms of their charter,
are fiscally managed well, and are complying with all applicable
laws. For more information on charter school governance, see a
listing of our publications and check
our workshops page for upcoming governance
workshops.
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How
do I start a charter school in California?
Starting a charter school requires a considerable amount of planning
time prior to opening the school doors. In our experience, successful
charter school developers spend one to two years planning the
school's educational program, facilities, finance, governance
and operations, personnel, and other issues. The Charter Schools
Development Center (CSDC) offers several resources for charter
school developers. We offer workshops on a myriad of topics, including
Charter School Development and Financial Planning, etc. We also
offer a multi-day workshop on charter school design and charter
drafting. In addition, CSDC offers several helpful publications
for charter schools. See our page on how
to start a charter school, our workshops
page and our publications list for more
information.
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Can
a private company operate a charter school?
The California Charter Schools Act states that a charter school
may be operated by or as a non-profit public benefit corporation
(Education Code Section 47604). The law does not explicitly address
whether private for-profit companies may operate charter schools.
These companies, whether for-profit or non-profit, are often referred
to as Educational Management Organizations (EMOs). They typically
contract with the board of the charter school or with the charter-granting
agency board to provide instructional, financial, operational,
personnel, and/or governance services. Charter schools may not
charge tuition or other fees as a condition of enrollment. For
more information about charter school governance, check our publications
and our workshops page for governance
workshops.
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Do
charter schools have to provide special education programs and
services?
Charter schools are required to follow federal laws pertaining
to special education (e.g., Section 504, Individuals with Disabilities
in Education Act (IDEA), and the Americans with Disabilities Act
(ADA). Charter schools must provide a free and appropriate education
for children with special needs identified in an individualized
education plan, but may contract with a private vendor, school
district, Special Education Local Plan Area (SELPA), or other
agency to provide the services. For more information about special
education, please see our publications
and workshops page for upcoming
special education workshops.
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Do
you need to be credentialed to teach in a charter school?
Education Code Section 47605(l) provides that, "Teachers
in charter schools shall be required to hold a Commission on Teacher
Credentialing certificate, permit or other document equivalent
to that which a teach in other public schools would be required
to hold." In addition, the law states that "It is the
intent of the Legislature that charter schools be given flexibility
with regard to noncore, noncollege preparatory courses."
The meaning of these laws is in frequent dispute and the terms
"noncore" and "noncollege preparatory" have
not been defined for credentialing purposes. CSDC Highly recommends
that charter schools define these terms in their charters. The
2001 changes to the Elementary and Secondary Educaion Act (ESEA),
also known as “No Child Left Behind,” include provisions
that define “highly qualified” teachers. These provisions
refer to existing state charter law regarding teacher credentialing.
For a brief overview of credentialing matters, see page 1 of the
Winter 2004 issue of Charter Currents.
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How
can Charter Schools Development Center help me?
The Charter Schools Development Center (CSDC) is a non-profit
charter school resource center. CSDC provides technical assistance
and other information to charter school developers, operators,
charter-granting agencies and policymakers about how to successfully
start and operate a charter school in California and nationally.
CSDC offers workshops, an in-depth periodical news report called
Charter Currents, a comprehensive website, extensive Tool Kits™
of sample documents and other publications, and hot line consulting
via phone and email. Contact us via phone at 916-278-6069 or via
e-mail at CSDC@chartercenter.org
for more information.
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