David Blount, Editor

Choice: Charter Schools

The establishment of statewide school choice policies and public charter schools in Virginia has been a slow and often controversial process. School choice was being examined in the early 1990s, as evidenced by a Department of Education study of intra- and inter-district choice (1992). In 1993, the General Assembly directed the Board of Education, in 22.1–269.1, to promulgate regulations to allow local school divisions to establish intra- or inter-district school choice programs. However, those regulations have yet to be promulgated by the Board.

A handful of states already had charter school laws on the books when Virginia’s first legislation was submitted, but was unsuccessful, in 1994 (the first state charter school law had been approved in 1991 and the first charter school opened the following year). Enough interest in the charter schools concept was generated to spark a study of the concept in 1995. HJR 551 and SJR 334 created a joint subcommittee of legislators to study charter schools. The study examined, among other things, the intricacies of other states’ charter school laws, charter school operations in other states, funding for charter schools, the focus of charter school organizing groups and various constitutional issues.

Following its study, the joint subcommittee recommended charter school legislation that 1) allowed local school boards to permit the establishment of charter schools as public schools, either as new schools or by converting existing public schools; 2) required charter schools to meet Standards of Quality requirements; 3) required decisions by local school boards to grant, deny or revoke a charter to be final and not subject to appeal; 4) required funding of charter schools to be shared by the state and locality; 5) required waivers from state and local regulations to be negotiated in the charter agreement; 6) required teachers in charter schools to be licensed; and 7) required that admission to charter schools be open to all students in the division (flexibility for the likes of a gifted or at-risk focus was allowed).

The 1996 legislation resulting from the study committee’s work was HB 776 , which was defeated in the House Education committee by an 11–11, largely party line vote (Republicans for, Democrats against). The following year, a nearly identical bill, HB 1751 again was defeated 11–11 in the House Education Committee. A Senate version of the bill introduced at the request of the Governor, SB 1193, also fell to defeat 8–7, again along party lines. Finally, in 1998, the fifth year of consideration of charter school bills, the General Assembly approved the legislation. That followed changes in the make-up of the House Education committee, where the legislation stalled the previous two years, and an informal study by the Senate Education and Health Committee. Charter schools legislation approved that year in HB 543 and SB 318 did introduce the requirement for a pubic notice and public hearing prior to local school board adoption of a resolution stating its intent to receive charter school applications. However, the charter school law on the books today looks much like the original version first submitted in 1994.

No amendments to the charter school law were made in 1999, though an existing section of Code (22.1–26) dealing with joint schools was amended to include regional charter schools. Changes to the law were made in 2000, mostly to clarify that charter schools must comply with the Standards of Learning and Standards of Accreditation, but also to require that each school board declare, by the end of 2000, its intent to accept or not accept charter school applications. Another bill to address specific concerns related to residential charter schools for at-risk students also was approved. There was further refinement in 2001, as amendments were approved to clarify that school boards may alter a previous decision to accept or not accept charter school applications.

Thirty-six states and the District of Columbia now have charter schools laws. As discussed in the Choice: Charter Schools issue briefing, Virginia’s law is considered “weak” by charter school proponents. While only several charter schools have actually been developed in Virginia, it is likely that additional ones will emerge and that legislators will seek to amend the law to make it easier for such schools to be established.

1993 – HB 1993 (choice regulations)

1994 – HB 1042 and SB 562 (charter schools), HB 875 (site-based management), HJ 187 (joint subcommittee to study school choice)

1995 – HB 1625, HB 2535 and SB 1037 (charter schools), HB 2094 (powers and duties of school boards), HJR 551, SJR 334

1996 – HB 776, HB 1408 (contract schools)

1997 – HB 1751, SB 1193, HB 2354 (contract schools)

1998 – HB 543, SB 318, SB 205

1999 – HB 1577 (regional charter schools)

2000 – HB 785 and SB 411 (charter school amendments), HB 742 (residential charter schools for at-risk students)

2001 – HB 2439 and SB 1393 (charter school clarifying amendments)

As the number of states enacting charter schools laws continues to grow, so does activity to amend such laws. Other states have recently made changes to their laws to increase the number of charter schools allowed to be developed, to allow schools other than existing public schools to become charter schools, to expand the number of agencies allowed to approve charter school applications and to adjust financing mechanisms for charter schools.

As part of its budget package for FY 2001, Congress approved language changes to the School Accountability Program to require schools, as a condition of receiving funding under the program, to offer public school choice provided it does not supercede local policy. The School Accountability Program funds schools needing improvement under Title I.

Meanwhile, both houses of Congress passed commending resolutions that commend the charter school movement for its contribution to improving the public school system and designate “National Charter Schools Week” in late April/early May.

House Document 43 (1996), Report of the Joint Subcommittee Studying Charter Schools Pursuant to HJR 551 and SJR 334.

http://www.edweek.org/ew/ewstory.cfm?slug=04freebox.h20

http://www.ed.gov/inits/FY2000/summary.html

The State of Charter Schools, U.S. Department of Education, January 2000.

Click here for a policy issue briefing on “Choice: Charter Schools.”

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